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A COMPREHENSIVE AND POPULAR 

History of the United States, 

A FULL ACCOUNT OF THE 

DISCOVERY AID SETTLEMENT OE THE COUNTRY; 

THE HISTORY OF EACH OF THE COLONIES UNTIL 
THEIR UNION AS STATES; 

The French and Indian Wars; the War of the Revolution; the War of 1812; 

the Long Period of Peace; the Mexican War; the Great War 

Between the North and South, and its Results; 

THE CENTENNIAL OF OUR INDEPENDENCE; 
AND EVENTS DOWN TO THE PRESENT TIME. 

BY 

ALEXANDER H. STEPHENS. 



(Bihflisjjei fottjj more tjjaitMO dint pstorital (Kngraiiiags anb portrait: 



'Neque enim est ulla res, in qua propius ad Deorum numen virtus accedat fiumana, quam civitaUs aut 
condere novas aui conservare jam condi/as." — ClCERO, De Republica, BOOK I., CHAP. VII. 



PUBLISHED BY 

THE HTJ^rCTOlSrj^Tu PUBLISHING OO-, 

Philadelphia, Pa., Chicago, III., St. Louis, Mo., and Atlanta, Ga. 



t- ins 



Dedication. 




O the memory of the Patriot-Fathers, to the Senate of Sages, whose wisdom 
conceived, and to the Band of Heroes, on flood and field, whose valor 
'-; achieved the Independence of the United States of America, and estab- 
lished, in constitutional form, the principles of self-government, by the 
people, upon which and for which that Independence was consummated, thus 
opening up this " Land of the Free and Home of the Brave," as an asylum to the 
oppressed of all climes and a refuge to the persecuted of all creeds — a Fortress 
alike and a Temple — this volume is reverently inscribed by 

The Author. 
Liberty Hall, Crawfordville, Georgia, 1882. 



Entered according to Act of Congress, in the year 1882, by 

J. R. JONES, 

In the Oflke of the Librarian of Congress, at Washington, D. C. 



\ 

By Exchange \ 

Army mt** Navy Club 
JANUARY 16 1934 



i o 






Introduction. 



T is the purpose of the author 
of this work to give to the 
public an enlarged and full 
history of the United States 
of America, embracing all 
important facts connected with the 
discovery of the country within their 
limits, and its early occupation by 
emigrants from other lands ; to- 
gether with the facts attending the 
formation of their governments, and 
the establishment of those free in- 
stitutions which have so marked, as 
well as so distinguished them, 
among the other nations of the 
earth. 

It may be accepted as an axioma- 
tic truth that no people, however 
blessed with the amplest guarantees 
of liberty, founded on constitutional 
representative government, can en- 
joy or retain the inestimable boon 
long, who do not thoroughly under- 
stand the nature, principles and 
limitations of the crovernment on 
which it rests ; and who are not 
also thoroughly imbued with a 
patriotic devotion to these princi- 
ples, with an inflexible purpose ever 
ready, prompt and determined to 
defend and maintain them. These 



are the qualities Mr. Jefferson 
meant by " the virtue, intelligence 
and patriotism of the people." 

It is the high office of History, 
among other things, to present a 
correct exposition and a clear eluci- 
dation of those intellectual, moral, 
social and physical phenomena 
which mark and characterize the 
origin, growth and progressive de- 
velopment of States, Single or Fed- 
eral. Few things, therefore, are 
more essential for the preservation 
of our matchless institutions than a 
thorough knowledge of their true 
nature and real character by the 
people who have control of their 
administration, which can in no way 
be so well obtained as from an 
accurate history of the conflicts, 
military and civil, attending their 
formation and establishment. 

All governments, of whatever 
form or type, are natural develop- 
ments from the social forces of or- 
ganized societies or States respec- 
tively, for their own self-preserva- 
tion. Each member of society is a 
complete living organism in itself, 
and endowed by nature with vital 
functions and powers of self-de* 

(5) 



IXTRODUCTION. 






termination for its own existence. 
But man, by nature, is less capa- 
ble of self-preservation singly, than 
jointly with others. Mutual pro- 
tection and mutual interests, there- 
fore, are the basis of all organized 
societies, and the objects of all gov- 
ernments. 

The chief end of all States, or the 
" Esprit dcs Lois," as Montesquieu 
maintains, should be the security 
to each member of the community 
of all " those absolute rights which 
are vested in them by the immu- 
table laws of nature." 

Many writers maintain that the 
individuals upon entering into so- 
ciety, give up or surrender a por- 
tion of their natural rights. This 
seems to be a manifest error. No 
person has any natural right what- 
ever to hurt or injure another. 
The object of society and govern- 
ment is to prevent and redress 
injuries of this sort; for, in a state 
of nature, without a restraining 
power of government, the strong 
would viciously impose upon the 
weak. 

Another erroneous dogma pretty 
generally taught is, that the object 
of governments should be to confer 
the greatest benefit upon the great- 
est number of its constituent mem- 
bers. The true doctrine is, the 
object should be to confer the 
greatest possible good upon every 
member, without any detriment or 
injury to a single one. 



With a desire to render a service 
to the present and succeeding gen- 
erations by historic illustrations of 
these truths, this work has been 
undertaken. 

In the prosecution of the design 
of the author, the first object, after 
a brief presentation of the facts 
attending the discovery of the con- 
tinent of America, will be to trace, 
during their colonial condition, the 
History of the separate political 
communities thereon, known as 
British Colonies, which afterwards 
became united under the style of 
the United States of America ; 
and then to trace the History 
of these States so united under 
their existing Union to the present 
time. 

The first part of the work will be 
the History of the Colonies ; the 
second part will be the History of 
the States. With this view, for 
proper system, the work will be 
divided into two Parts, or Books. 

Book I. will treat of the discov- 
ery, the early settlement and colo- 
nization of the country by the ances- 
tors of the present inhabitants, and 
the events which led to the assump- 
tion of sovereign, absolute self- 
governing powers by the respective 
colonies. 

Book II. will treat of the achieve- 
ment and establishment of their 
Independence as States and their 
subsequent career under their 
present Federal Union. 



CONTENTS OF BOOK I. 



CHAPTER I. 

THE DISCOVERY OF AMERICA. 
(1492— 1506.) 

The Continent unknown to Europeans until 1492 — 
The Norwegian explorations and settlements — 
Eric, the Red, of Norway — Lief, the son of Eric, 
and his explorations — Settlement in Vinland — 
Christopher Columbus — Sketch of his life and dis- 
coveries — Prince Henry, of Portugal — John II., of 
Portugal — Henry VII., of England — Voyage of 
I492 — Discovery of Islands supposed to be part of 
the East Indies — Colonization of San Domingo — 
Character of the natives of the new continent — 
The Aztecs, Peruvians, and Chilians — Amerigo 
Vespucci — Origin of the name of America — Death 
of Columbus 17 

CHAPTER II. 

SETTLEMENT OF VIRGINIA. 

(1607 — 1609.) 

Spanish conquests in North and South America — 
The Portuguese in Brazil — The French in North 
America — Discoveries of the Cabots, 1497 and 
1498, on which the English colonies were founded 
— Unsuccessful attempts of the English to colonize 
— First permanent British settlement at Jamestown, 
1607 — Plan of government — Trial by jury. . . 27 

CHAPTER III. 

Virginia — conum led. 

(1609 — 1621.) 

Captain John Smith — His romantic adventures — 
Military services with the Dutch and Austrians — 
Taken captive and sold as a slave — Escapes — 
One of the council at Jamestown — Life saved by 
Pocahontas — Smith's exploration of the Potomac 
and Chesapeake in 1 607-1608 — Return to Eng- 
land — Survey of New England — Jamestown Col- 



ony reduced to great extremity — Saved by the 
arrival of Lord Delaware in 1609 — Argall's tyr- 
anny — George Yeardley supplants him as governor 
— Marriage of Pocahontas to Rolfe — Tobacco — 
Staple of the Colony — Origin of its name — New 
and liberal features added to the charter — House 
of Burgesses established 19th of June, 1619 — 
Birthday of American Free Institutions — Arrival 
of female colonists — Increased prosperity. ... 31 



CHAPTER IV. 

SETTLEMENT OF NEW YORK BY THE DUTCH. 
(1609 — 1664.) 

Sir Henry Hudson, an Englishman in the Dutch 
service, discovered the Island of Manhattan, in 1609 
— Forts and trading-houses built by the Dutch on 
Manhattan Island and at Albany — The settlement 
on Manhattan Island called New Amsterdam — 
General name of New Netherlands given to the 
Dutch possessions — The English assert their rights, 
in 1613 — Captain Argall — The Dutch re-establish 
their authority in 1614 — The Dutch West India 
Company organized, 1623 — First permanent settle- 
ment under their auspices — The Walloons — Hu- 
guenots — Cornelius May — First Dutch white child, 
Sarah D. Rapelge — Minuits, first governor of the 
province — The laws — Patroons — Disposition of 
lands — Van Twiller, governor — A description of 
him by Washington Irving — Kaieft, governor — 
His massacre of the Indians at Hoboken — An In- 
dian war that threatened the existence of the col- 
ony — Kaieft recalled, and drowned at sea by ship- 
wreck on return home — Peter Stuyvesant succeeds 
him as governor — His character — Growing spirit 
of popular liberty — Controversy between the gov- 
ernor and the people — Acquisition of New Nether- 
lands by the English — The name of New Nether- 
lands changed to New York — Peter Stuyvesant be- 
comes a citizen of New York — His residence and 
death — His remains — The pear-tree he planted in 
1647 bore fruit for upwards of 200 years — The fait 

of Hudson 3<y 

(vii) 



/ 



CONTEXTS. 



CHAPTER V. 

THE SETTLEMENT OF MASSACHUSETTS. 
(1620 — 1631.) 

Plymouth, Salem, Dorchester, Lynn, Charlestown, 
Watertown, Roxbury, and Boston — The Puritans 
— Rev. John Robinson — The Edwin Sandys — John 
Carver, first Governor of Plymouth — John Win- 
throp, first Governor of Massachusetts Bay — Repre- 
sentative Government in Massachusetts in 163 1, 
as it had been in Virginia in 1619 48 

CHAPTER VI. 

Virginia — resumed. 

(1621 — 1660.) 

First written Constitution of the Colony — All civil 
rights of Englishmen secured — Sir Francis Wyatt, 
governor — Terrible massacre by the Indians — 
Ix>ndon Company dissolved — Government de- 
volves on the Crown, under the charter — Colonists 
favor Charles I. in his contest with Parliament — 
The House of Burgesses proclaim Charles II., 
then in exile, their Sovereign, and invite him to 
come over and be king of Virginia — The " Old 
Dominion " 54 

CHAPTER VII. 

SETTLEMENT OF MARYLAND. 
(1621 — 1662.) 

Captain John Smith's first explorations — William 
Clayborne's trading posts — Sir George Calvert — 
Sketch of his life — A member of the privy council 
— Secretary of State — Converted to the Catholic 
faith — Made Lord Baltimore — Relations to James 
I., King of England — Bancroft's account of him — 
In advance of the age on the principles of religious 
toleration — His first colony of Avalon, an asylum 
for persecuted Catholics — Location abandoned — 
Seeks to make a settlement in Virginia, but not 
allowed on account of his religious faith — Obtains 
a charter to Maryland from Charles I. — Dies be- 
fore the execution of the Grant — Charter made out 
and delivered afterwards to Cecil, his eldest son and 
second Lord Baltimore — Cecil plants a colony of up- 
wards of two hundred emigrants in 1633 — Treaty 
with the Indians — Fathers White and Altham — 
They make many converts among Indians — Leon- 
ard Calvert, Governor — Clayborne stirs up an in- 
surrection — The Governor seeks refuge in Virginia 
— Afterwards overpowers Clayborne — Peace re- 



stored — Leonard Calvert dies in 164%— William 
Stone succeeds him — The great Act of Toleration in 
1649 — Other troubles ensue — Religious persecu- 
tions — Stone deprived of the Governorship — Fen- 
dall appointed — Treasonable act of Fendall — 
Philip Calvert appointed in his stead — Peace re- 
stored — General amnesty proclaimed — Charles Cal- 
vert, son of Lord Baltimore, appointed governor in 
1662 — Under his administration Maryland prospers 
many years 58 

CHAPTER VIII. 

SETTLEMENT OF NEW JERSEY. 
(1622 — 1740.) 

Early settlement — Dutch and Danes — English Grant 
to Duke of York— Lord Berkeley and Sir George 
Carteret — Name of colony — Inducements to set- 
tlers — Settlement at Elizabethtown — Philip Carte- 
ret, first Governor, arrives with emigrants, 1665 — 
First Assembly, 16S8 — Discontents — Payment of 
rents resisted — Philip Carteret retires — James Car- 
teret, Governor — Dutch authority reinstated, 1673 — 
English authority restored — Sir Edmond Andros, 
Governor — His tyrannical Government — Lord 
Berkeley sells out his Proprietary rights — Edward 
Byllinge — Byllinge transfers his title to Penn — 
Division of New Jersey — Philip Carteret again 
Governor — His character — Burlington — Duke of 
York's claims defeated — First legislative Assembly 
of West Jersey — Penn and others purchase East 
Jersey — Government organized — Robert Barclay 
first Governor — James II. attempts to usurp the 
government — New York claims jurisdiction over 
New Jersey — Government devolves on the King — 
Lord Cornbury Governor — Separate governor ap- 
pointed for New Jersey — Lewis Morris, Governor 
— Princeton college founded 64 

CHAPTER IX. 

SETTLEMENT OF NKW HAMPSHIRE. 

(1623— 1680.) 

Conflicting accounts of the early settlements in New 
Hampshire — Grant of Plymouth Company to Fer- 
nando Gorges and John Mason to the Province of 
Maine, loth of August, 1622 — The Laconia Grant 
to the same parties, 27th of November, 1629 — 
Anterior Grant to John Mason, of territory desig- 
nated ns New Hampshire, 7th of November, 1629 
— Claims of Massachusetts not well founded — 
The matter decided adversely to Massachusetts, 
1679 — Character of the people 68 



CONTENTS. 



CHAPTER X. 

SETTLEMENT OF DELAWARE. 

(1632— 1690.) 

The Dutch — Van Rensellaer — Godyer — Bloemart — 
De Saet — De Vries — Asset as Governor — Misun- 
derstanding with Indians — Extermination of the 
colony — Oxenstiern — Gustavus Adolphus — Colon- 
ization by Swedes in 1638 — Minuits — Fort Chris- 
tiana — Growth of colony — Jealousy between New 
Sweden and New Netherlands — Dutch build Fort 
Casimer — Destroyed by Swedes — Stuyvesant comes 
to aid of the Dutch — The Dutch forced to terms — 
Delaware passes into possession of New Nether- 
lands— Penn acquires title — Partial separation of 
the " lower counties " from Pennsylvania 71 

CHAPTER XL 

SETTLEMENT OF CONNECTICUT. 
(1633— 1639.) 

Settlement of Hartford by the Dutch : at Saybrook 
by Grant from Massachusetts — Settlement at 
Springfield and Wethersfield — Indian war of 1637 
— Settlement of New Haven by Davenport and 
Eaton — Convention and Constitution at Hartford, 
in 1639 — New Haven stands aloof — The " Blue 
Laws "- -Yale College 74 

CHAPTER XII. 

THE SETTLEMENT OF RHODE ISLAND. 
(1636— 1688.) 

Roger Williams — Persecuted for his doctrine of 
" soul liberty " — His flight — First settlement at 
Seekonk — Compelled to seek another retreat — 
Settles finally at Providence, 1636 — His Constitu- 
tion of Government — Embodies principles of a 
pure Democracy with unrestricted religious liberty — 
Settlement at Rhode Island, 1638— Origin of the 
name — William Coddington chief- magistrate — 
Government like that of Providence — Baptist 
church organized by Roger Williams at Providence, 
1639 — Claimed to be first in America — Wil- 
liams visits England and obtains Charter, 1643 — 
Obtains another, 1663 — Charter temporarily re- 
pressed by usurpation of Sir Edmond Andros — 
Rightful Government restored 75 

CHAPTER XIII. 

SETTLEMENT OF PENNSYLVANIA. 

(1638— 1724.) 

The Swedes on the Delaware — The Dutch, or New 
Netherlands — Duke of York — The Quakers — 



Their character and persecutions — George Fox, the 
founder — William Penn — His character — Charter 
and settlement of 1681 — Penn arrives with colon- 
ists at New Castle, 1682 — Philadelphia settled, 
1683 — Treaties with Indians — Good faith kept 
with them by the Quaker Colony — No Quaker 
ever killed by Indians — First Legislative Assembly, 
1683 — Form of Government established — Penn's 
influence with James II., in favor of Quakers and 
other Dissenters — James II. abdicated, 1688 — 
Penn imprisoned and deprived of his Government 
by William and Mary — Fletcher appointed — Penn 
restored — Penn's death — Benjamin Franklin — The 
rights of Penn's heirs purchased by the State. 80 

CHAPTER XIV. 

NEW ENGLAND CONFEDERATION. 
(1643— 1675.) 

The Pequod War — Kind offices of Roger Williams — 
Great battle on the Mystic — Seven hundred In- 
dians perish by sword and fire — Survivors sold as 
slaves — The Pequods extinguished — The " De- 
sire " the first slave ship built in Massachusetts — 
The first slaves introduced, 163S — Hugh Peters 
and Sir Henry Vane — Mrs. Anne Hutchinson — 
Her character and sad fate — Refugee regicides of 
Charles I. — Harvard University founded, 1638 — 
First printing-press — Confederation formed — 
Meteorological phenomenon — Comet and earth- 
quake 86 

CHAPTER XV. 

VI rg 1 n 1 a — resumed. 
(166^1754.) 

Restoration of Charles II. — Policy of English Gov- 
ernment towards the Colonies — Heavy exactions — 
Unjust taxation — McCabe's account of it — War 
with Susquehanna Indians — Berkeley, governor — 
Nathaniel Bacon — His character — Civil war — 
Berkeley's cruelty and perfidy — Charles II. in part 
disapproves of Berkeley's conduct, but sends a fleet 
with troops to his aid — Bacon's party dissolved — 
Sad fate of Drummond — His career and character 
— Berkeley returns to England — Cold reception — 
Culpepper his successor — Lord Howard of Effing- 
ham, governor — Berkeley's death — Monmouth's 
rebellion — Plis adherents sold as slaves in Virginia 
and Maryland — Action thereon of House of Bur- 
gesses — Restrictions on Colonial trade under reigns 
of Charles II. and James II. — Revolution of 1688 
— Downfall of the Stuart Dynasty — William and' 
Mary's accession — Founding of William and Mary 
College — Prosperity of Virginia — Religious tolera- 
tion — Mother of States and Statesmen gv 



CONTENTS. 



CHAPTER XVI. 

SETTLEMENT OF NORTH CAROLINA. 

(1663— 1670.) 

Colony first named by the French in honor of Charles 
\\., 11I" France — Early attempts by Raleigh to 
make English settlements failures — Ralph Lane, 
John White, Eleanor and Virginia Dare — Sad fate 
of Colonist-. — Raleigh's death — Heath's patent — 
Settlements by Roger Green and George Durant 
without Grant — Charter of Charles II., in 1663, to 
the Clarendon Company — Name of Colony retained, 
but in honor of Charles II., of England —William 
Drummond first Governor under new Charter — Sir 
John Yeamans founds Colony of Clarendon on 
Fear river — Made Governor thereof — Claren- 
don and Albemarle united under one Government, 
1670 — Samuel Stephens, Governor — Legislation of 
1669 — Edmundsen the Quaker — John Locke's 
grand model of Government — Comments there- 
on 96 

CHAPTER XVII. 
north CAROLi n a — continued. 
(1670—1729.) 
Carteret succeeds Stephens — Resigns — Eastchurch 
appointed, with Miller to act in his stead while ab- 
sent — Miller displaced by John Culpepper, 1677 — 
Culpepper tried for treason — Acquitted — John 
Harvey, governor — Disorders continue — Seth 
Sothel — I.udwell, governor — Lillington, governor 
— "Grand model" of Locke abrogated — Quiet 
ensues — Daniel, governor — Disturbances — At- 
tempt at church establishment — Carey, deputy-gov- 
ernor — Union of Quakers with him — Rupture — 
Archdale — Porter — Mission to England — Porter's 
success — Glover, governor — Bigger quarrel than 
before — Moseley takes lend — Carries the day 
against test oaths — Elward Hyde, governor — 
Swiss settlement of De Grafi'cnreid — Hyde's first 
Legislative Factions rule — Majority op- 

posed to Carey — Prosecution for embezzlement — 
Arrest resisted — Great excitement — Appeal to arms 
— Virginiacalled on for aid — On arrival of Virginian 
troops Carey abandons contest and leaves the col- 
ony — Indian conspiracy — Massacre of whites by 
Tuscarora and Coree Indians — General war — 
Colony in extreme peril — Virginia and South Car- 
olina appealed to for aid — Colonel Barnwell brings 
regiment of whites and friendly Indians from 
South Carolina in response to appeal — Battle of 
the N'euse — Handcock, a Tuscarora, lie. ids the 
Indians — Desperate fight — Harnwell victorious — 
Treaty of peace — Broken by H.mdcock — War 
renewed — Vallow fever appears— Death of Hyde 



— Pollock, governor — War — Virginia and South 
Carolina again called on for aid — Colonel James 
Moore comes to the rescue — Wins great battle — 
Nahauck — War ended — Tuscaroras leave to join 
Iroquois in New York — Eden, governor — Moseley 
leads legislature — Settles question of church es- 
tablishments and test-oaths — Burrington, governor 
— Virginia boundary settled — Lords proprietors 
sell out to the king — The colony becomes subject 
to the crown under limitations of the charter.. 10 1 

CHAPTER XVIII. 

NEW york — resumed. 

(1664— 1754.) 

Nicholls, first English Governor — New York city in- 
corporated — Francis Lovelace succeeds Nicholls — 
New York city captured by the Dutch — Restored 
to English — Sir Edmond Andros, Governor — Suc- 
ceeded by Thomas Dungan — First legislative rep- 
resentative Government in the Colony established — 
Treaty with the Five Nations — Efforts of Canada 
to alienate the Indians from the English — New 
York united with New England under Andros — 
Jacob Leisler, Governor — French invasion — Massa- 
cre of Schenectady — Henry Slaughter, Governor — 
Execution of Leisler and his son-in-law, Milbourne 
— Indian treaty — Expedition against Montreal 
under Schuyler — Benjamin Fletcher, Governor — 
Efforts to establish the English Church — Lord 
Bellamont, Governor — Captain Kidd, the pirate — 
Lord Cornburry, Governor — Succeeded by Lord 
Lovelace — General Hunter, Governor — Invasion 
of Canada — William Burnet, Governor — Succeeded 
by John Montgomery — Rip Van Dam — William 
Crosby, Governor — Encroachments on liberty of the 
I 'ress — George Clarke, Governor — Succeeded by 
George Clinton — Indian incursions 110 

CHAPTER XIX. 

SETTLEMENT OF SOUTH CAROLINA. 
(1670—I729.) 

Port Royal— William Sayle, first Governor — Old 
Charleston — New Charleston — Sir John Yeamans 
— Introduction of negro slaves — Yeamans resigns 
— West succeeds him — Two parties or factions — 
Colleton, Governor — Discontent — Martial law — 
Colleton impeached' — Seth Sothel in South Carolina 
— His character — Banished — Ludwell's adminis- 
tration — Thomas Smith, < lovernor — John Archdale, 
the Quaker — Salutary administration — James 
Moore, Governor — Represses Indian invasion — 
Unsuccessful siege to St. Augustine — Party strife — 
Charles Craven, Governor — The great Yamassee 



CONTENTS. 



war — Massacre at Pocataligo — Colonels Makey 
and Barnwell, and Lieutenant-General Moore — 
Aid from Virginia — Colonel Maurice Moore, from 
North Carolina — Battle of Combahee — Yamassees 
driven from the colony — Take refuge in Florida — 
Robert Johnson, last proprietary Governor — James 
Moore made Governor by popular authority — Gov- 
ernor Francis Nicholson sent as a sort of Guberna- 
torial Supervisor — Charier forfeited in 1729 — Lords 
proprietors sell out their interest to the king, as in 
North Carolina 1 18 

CHAPTER XX. 

NEW ENGLAND CONFEDERATION — resumed. 
(1675— 1754.) 

Restoration of Charles II, , in New England — Dis- 
satisfaction of the People — King Philip's war — Ex- 
tinction of the Wampanoag tribe — Grandson of 
Massasoit sold as a slave — Dispute between Mas- 
sachusetts and tne mother country as to New 
Hampshire domination ended — First General 
Assembly of New Hampshire under the new 
organization — Annulment of New England char- 
ters — The Confederation ended — Sir Edmond 
Andros and his infamous acts — The Charter Oak — 
James II., of England, dethroned — War between 
England and France — Schenectady massacre — Sal- 
mon Falls — Peace of Ryswick — War renewed — Ex- 
pedition against Quebec and Montreal — Peace of 
Utrecht — Great snow storms, 17 17 — Aurora Bore- 
alis, 1 7 19 — Earthquake, 1727 — Witchcraft — War 
resumed, 1744 — Capture of Louisburg — Pepperell 
and Shirley knighted for bravery — Treaty of Aix 
la Chapelle 1 26 

CHAPTER XXI. 

SETTLEMENT OF GEORGIA. 
(1732— 1776.) 

Georgia, a charity Colony — Charter to Oglethorpe and 
twenty-one noblemen and gentlemen of England 
to hold the lands in trust for the poor for twenty- 
one years — Character of Oglethorpe — The Yama- 
craws — T - mo-chichi — Settlement of Savannah — 
Darien, Frederica, Ebenezer — The Salzburghers — 
Martin Bolsius — Augusta — Revs. John and Charles 
Wesley — Whitfield — Orphan house established — 
Oglethorpe's perilous adventure — Great Indian 
treaty at Coweta — Spanish war — Invasion of Geor- 
gia — Oglethorpe, brigadier-general, defends the 
Colony against great odds — The battle of Bloody 
Marsh — Signal victory — Spanish fleet leaves the 
country — Peace restored — Oglethorpe returns to 
England — Refuses to take command of ihe British 



forces against the Colonies, except on conditions — 
Old age and death 1 50 

CHAPTER XXII. 

G eorg 1 a — continued. 

(1741— 1776.) 

Character of the government — The first jury — Rev. 
Martin Bolzius — Colony divided into two districts — 
William Stephens, governor — Henry Parker, assist- 
ant-governor — Succeeds Stephens — New system of 
government inaugurated, 1751 — First legislature 
under new system — Francis Harris, speaker — In- 
troduction of negro slaves allowed — Settlement at 
Midway — Trustees resign — Georgia becomes a 
royal colony — Government devolves on Board of 
Trade and Plantations — John Reynolds, governor — 
Constitution of the colony modified — Its new feat- 
ures — Henry Ellis succeeds Reynolds as governor 
— Colony divided into Parishes — Ellis succeeded by 
Sir James Wright, as governor, 1760 — Acquisition 
of territory by treaty of Pans, 1663 — Boundary of 
Georgia extended to Mississippi river — Florida, by 
same treaty, ceded to Spain — Important Indian 
treaty at Augusta, 1 763 — Four additional Parishes 
created — Names of Parishes changed to Counties — 
Another Indian Treaty at Augusta, 1773 — About 
two and a-half million acres of land acquired — 
Continental Congress of 1774 — Colonial State 
Government organized, 1775 — Wright, royal gov- 
ernor, arrested, 1776 — Action of St. John's parish, 
afterwards Liberty county — Lyman Hall, George 
Walton, Burton Gwinnett in Congress, 4th of July, 
1776 — Landed policy of Georgia — Reasons of 
rapid increase in population and wealth — Monopo- 
lies denied — Speculations prevented — No propri- 
etors, no rents — The tiller of the soil the owner of 
the land 162 

CHAPTER XXIII. 
HISTORIC facts preliminary to the 

FRENCH AND INDIAN WAR OF 1 754. 

Ferdinand de Soto — His explorations in Florida, 
Georgia, Alabama, and westward — Discovery and 
crossing of the Mississippi river — Explorations in 
Arkansas — Discovery of the Hot Springs — Red 
r i ver — De Soto's death and burial — Joliette and 
Marquette — Catholic priests — M. de la Salle — His 
explorations and discoveries — Names the coun- 
try Louisiana, in honor of the French king — 
Murder — Mouth of the Mississippi discovered by 
Le Moyne DTberville — Builds a fort called Rosa- 
lie, where the town of Natchez now stands — New 
Orleans founded by his brother, Bienville 
D'lb-jrville, 1718 169 



CONTENTS. 



CHAPTER XXIV. 

THE FRENCH AND INDIAN WAR OF 1 754- 

(1754—1763-) 

Causes of the war — Major George Washington bears 
a letter from General Dinwiddie to the French 
commandant — Narrow escapes — Port Du Quesne 
erected by the French — Encounter between French 
and English — Defeat of the former — Attack upon 
the English under Washington — He capitulates 
and returns to Virginia — Attempt to unite the colo- 
nies for defence — Failure — Arrival of General 
Braddock — His expedition against the French and 
disastrous defeat — Expeditions under Monckton, 
Shirley, and Johnson — Lord Loudon appointed 
Commander-in-chief — Abercrombie temporarily in 
command — Montcalm the French commander — 
English defeats at Forts Ontario and William 
H cnr y — policy of William Pitt, prime minister — 
Fleet under Admiral Boscawen, and troops under 
Generals Amherst and Wolfe attack Louisburg — 
Surrender of Louisburg and St. John's to English — 
Abercrombie defeated — British under command 
of Lord Howe attack Fort Ticonderoga — Re- 
pulsed — Surrender of Fort Frontenac to Brit- 
ish under Bradstreet — Expedition under Forbes 
against Fort Du Quesne — Washington at Fort 
Du Quesne — Fort surrendered to English, who 
change the name to Pittsburgh— Campaign auspi- 
cious to the English — Amherst made Commander- 
in-chief of the English — Ticonderoga, Crown 
Point, and Niagara taken by the English — Attack 
on Quebec by the English — Its surrender — Wolfe 
and Montcalm, the English and French com- 
manders, killed — Montreal and the other French 
posts in Canada surrender — War in the Carolinas 
with the Cherokees — Montgomery sent to aid of 
Carolinians — Moultrie and Marion accompany ex- 
pedition — Indians defeated — Peace made — Treaty 
of peace between France, England, and Spain at 
Paris, 1763 — Florida ceded to Spain by Great Bri- 
tain 174 

CHAPTER XXV. 

('763—1774) 

CAUSES WHICH LED TO THE ALIENATION OF 
THE COLONIES FROM THE MOTHER COUN- 
TRY, AND THE ASSUMPTION OF SOVEREIGN 
POWERS BY THEM. 

General good feeling after the French war — Mason 
and Dixon's line — Indignation over the tax bills — 
Iiord Camden — Colonel Banc — Commercial re- 
striction — The Stamp Act resisted in North Caro- 



lina, Virginia, and Massachusetts — Nine Colonies 
meet in convention in New York, and make a 
joint declaration — Sons of liberty — Stamp Act 
repealed — Pitt becomes Prime Minister — Town- 
send's new tax act — Great excitement — Boston 
riot — First blood in resistance to unjust taxa- 
tion shed at Alamance, North Carolina, June 
16, 1 77 1 — Tax on tea — Disposition of the tea 
in New York city — Boston, Massachusetts — 
Charleston, South Carolina — Baltimore, Maryland 
—Wilmington, North Carolina — Boston port bill 
— Action of the Virginia Assembly on the subject 
— Fasting, humiliation, and prayer — "The cause 
of Boston is the cause of us all " — First 
Congress at Philadelphia — Their acts — Lord 
Chatham's comments on them — General Gage 
in Massachusetts — Battles of Concord and Lex- 
ington — Ticonderoga and Crown Point taken by 
colonists 192 

CHAPTER XXVI. 

CONTINUATION OF CAUSES WHICH LED TO 
INDEPENDENCE, AND THE ASSUMPTION OF 
SOVEREIGN POWERS BY THE COLONIES, 
loth of May, 1775 — 4th of July, 1776. 

Second Colonial Congress — War actually existing — 
Declaration by Congress of the reasons of the resort 
to arms — Policyof the Colonies — Washington chosen 
Commander-in-chief of the Army — His Commis- 
sion — Reception of Washington at New York- 
Proclamation of General Gage — Fortification of 
Bunker Hill — Attack on Charlestown — Royal Gov- 
ernors compelled to flee from the Colonies — Steps 
towards the invasion of Canada and its abandon- 
ment — Fortification by the Colonial army of the 
Isle au Noix — General Montgomery surprises and 
captures Fort Montgomery — Ethan Allen captured 
and sent to England — Point aux Trembles attacked 
and Montgomery killed — His successor — The 
Colonial army retreats — British forces abandon 
Boston— Arrest of the royal Governor in Georgia- 
Sir Peter Parker appears in Charleston Harbor — 
Sergeant Jasper — Parker abandons his ship — Its 
capture by the Carolinians — Recruits for the 
Colonial army 209 

CHAPTER XXVII. 

SEPARATION FROM THE MOTHER COUNTRY 
— THE SOVEREIGN POWER AS STATES AS- 
SUMED BY THE COLONIES. 

Mecklenburg declaration, 20th of May, 1775— In- 
structions of Colonies to their delegates in C\>ngre>s 



CONTENTS. 



for their Independence — Maryland's instructions — 
Richard Henry Lee's Resolutions for Confederation 
and Independence — Two committees raised : one 
for Declaration of Independence, and one for Con- 
federation — Declaration in the name of Thirteen 



United States of America — Synopsis of the provis- 
ions of the Articles of Confederation — Mutual dele- 
gations of power by each severally, to all jointly — 
First Constitution of the United States — Ratifica- 
tion by the States severally and respectively... 223 



CONTENTS OF BOOK II. 



CHAPTER I. 

THE WAR OF THE REVOLUTION FOR THE 
INDEPENDENCE OF THE STATES. 

(July, 1776 — January, 1778.) 

The Great Seal of the United States— The British 
General Howe on Staten Island with 9,000 men — 
Admiral Howe with reinforcements — General Clin- 
ton with additional reinforcements — Aggregate 
British force, 30,000 — Washington's army less 
than half this number — Howe's attempt at concili- 
ation — His letter to Washington — Washington re- 
fuses to receive it — Lieutenant-Colonel Patterson's 
interview with Washington — Attempts at concilia- 
tion failing, Howe determines to push the war — 
Battle of Long Island — Defeat of the patriots — 
Generals Sullivan and Stirling taken prisoners — 
Washington's successful withdrawal of army from 
Brooklyn— Adventure of Captain Nathan Hale— Ex- 
ecuted asaspy — His treatment and last words — Fort 
Washington — White Plains — British attack and 
carry Fort Washington— Washington's retreat across 
New Jersey — Lord Cornwallis in pursuit — Congress 
adjourns to Baltimore — General Charles Lee taken 
prisoner — Sullivan exchanged — Takes his place — 
Washington's great victoiy at Trenton — Movement 
on Princeton — General Mercer killed — Congress 
returns to Philadelphia — Marquis de Lafayette — 
General Tryon in Connecticut — Death of General 
Woosler — Major Barton's capture of General Pres- 
cott — A sword and colonel's commission voted 
him by Congress — Flag of the United States 
adopted — General Burgoyne gives a war-feast to 
the Indians — Attacks Ticonderoga — Generals Lin- 
coln, Arnold and Morgan — Miss Jane McCrea — 
Battle of Bennington — General Gates — Burgoyne's 
defeat — Battle of Brandywine — Lafayette wounded 
—Count Pulaski — Congress retreats to York, Penn- 
sylvania — Battle of Germantown — Battles nt Red 
Bank — British defeated — Forts Mifflin and Mercer 
taken by the British — British take winter-quarters 



in Philadelphia, and Washington at Valley 
Forge 229 

CHAPTER II. 

war of the revolution — continued. 
(1778— 1779.) 

Commissioners sent from Great Britain with propo- 
sals for reconciliation — These rejected except upon 
conditions — Treaty with France — Count D'Es- 
taing — Clinton moves from Philadelphia towards 
New York — Battle of Monmouth — Harsh words 
of Washington to Cnarles Lee — Winter-quarters 
at Middlebrook, N. J. — D'Estaing on coast of 
Virginia — Wyoming massacre — Cherry Valley 
massacre — Movement against Savannah under 
Colonel Campbell and Admiral Parker — Savannah 
taken — Attack on Port Royal — Colonel Boyd 
moves from Ninety-six to Wilkes county, Georgia, 
with regiment — Met by Colonel Pickens and Lieu- 
tenant-Colonel E. Clarke, commanding militia — 
Battle of Kettle Creek — Boyd mortally wounded — 
His command routed — Generosity of Pickens — 
General Ashe defeated on Brier Creek by General 
Prevost — Affair at Stony Ferry — General Tryon in 
Connecticut — General Putnam's memorable exploit 
— Marauding expedition in Virginia — General 
Clinton on the Hudson — Capture of Stony Point 
and Verplanck's Point — General Anthony Wayne 
recaptures Stony Point — Major Henry Lee's 
achievement at Paulus Hook — General Sullivan at 
Elmira — Brilliant victory — Count D'Estaing with 
his fleet near Savannah — General Lincoln in con- 
cert lays siege to that city — Great battle in which 
Count Pulaski and Sergeant Jasper fall — Siege 
raised — Lincoln moves his forces to Charleston — 
Paul Jones' brilliant exploit at sea — Close of opera- 
tions of 1779 — Coldest winter ever known in 
America — Renewed preparations in England for 
campaign of 17S0 243 



CONTENTS. 



CHAPTER III. 
war OF THE revolution — continued. 

(I7S0.) 

The fall of Charleston — (General Lincoln and the 
whole Southern army prisoners of war — 19th and 
20th of May "the dark days" — Colonel Daven- 
port in the Connecticut Legislature — Uaitle of Cam- 
den — Defeat of Gates — The death of Baron De 
Kalb — Sumter, Marion, and Pickens, of South 
Carolina, and Clarke, of Georgia — Battle of Fish- 
ing Creek — Cornwallis at Charlotte, North Caro- 
lina — Battle of King's Mountain — Defeat of the 
British — Sumter's victory at Fish Dam Ferry — 
Known as "Game-Cock" — Francis Marion the 
"Swamp Fox" — French fleet at Newport, Rhode 
Island, by Count De Rochambeau — Treason of 
Benedict Arnold — Major Andre detected and exe- 
cuted as a spy — War declared by England against 
Holland — Large preparations made by England 
for operations by sea and land for 178 1 252 

CHAPTER IV. 

WAR OF THE REVOLUTION, CONTINUED AND 
CONCLUDED. THE INDEPENDENCE OF 

THE THIRTEEN STATES SEVERALLY AC- 
KNOWLEDGED. 

(1781-1783.) 

Sufferings of Washington's army — Meeting of the 
Pennsylvania line — Their patriotic course — Relief 
provided by Congress — Patriotism of Robert Mor- 
ris — Arnold, the traitor, in Virginia — General 
Phillips on the Chesapeake — General Greene in 
command of the Southern army — Adroit move- 
ments of Greene — Battle of Cowpens — Victory of 
the patriots — Anecdote of Tarleton and Mrs. 
Willie Jones — Movements of Cornwallis — Greene's 
safe retreat — Battle of Guilford, without decided 
remits— Movements of Lord Rawdon in South 
Carolina — Capture of Fort Watson by the partisan 
chieftains— Battle of Eutaw Springs — Up-country 
of South Carolina abandoned by the British — Great 
outrage of Lord Rawdon in the execution of Hayne 
— Movements of Lord Cornwallis — Marquis de La- 
fayette — Cornwallis at Vorktown — Washington's 
quick movements from the north — Cornwallis be- 
•1 at Vorktown— Co operation of French fleet 
— Surrender of Cornwallis, 19th October — War 
virtually at an end— The effect in England and 
United States — Lord North compelled to retire 
from the lead of the British ministry — Negotia- 
tions for peace at Paris entered into — Provisional 



treaty, 17S2 — Final treaty, 3d September, 17S3 — 
Remarks on the provisional treaty — John Adams, 
first minister — Oglethorpe the first nobleman to call 
on him 261 

CHAPTER V. 

PROGRESS OF EVENTS. 
(17S3-1787.) 

General joy on return of peace with liberty — New 
troubles arise — Distresses of the army — Officers 
and men without pay — Congress without money — 
Washington continues headquarters at Newburgh, 
N. V. — Discontent among a class of officers — The 
artful attempt at mutiny — The most critical period 
in the history of the United Slates — A most in- 
flammatory address circulated among the officers 
anonymously — Washington's action in regard to 
it — Calls a meeting of all the general field officers 
on 15th of March, 1783 — His great speech on 
that occasion — Saves public liberty at the time — 
Congress provides means for the immediate wants 
of the army — City of New York evacuated by the 
British — Washington's farewell to his ofricirs — 
Goes to Annapolis, where the Congress is in 
session — Resigns his commission, 23d December, 
17S3 — Another trouble, the scarcity of money — 
The paper currency depreciated until worthless — 
To meet the interest on the public debt, heavy 
taxes necessary — The States unable to raise them — 
In Massachusetts jealousy arises on the part of 
those who had fought in the war against those who 
had become rich by speculations during the same 
period — Shay's rebellion, about which so much 
error has been written — Movement made to amend 
the articles of confederation — The basis on which 
quotas of States were to be levied to be changed 
from value of real estate to the number of popu- 
lation — A three-fifths principle proposed by Con- 
gress, but not ratified by the States — Proposition 
to amend Constitution on subject of foreign com- 
merce — Not ratified by the States — Virginia calls 
a general convention of the States — Congress 
adopts this suggestion — A general convention 
called for the second Monday in May, 1787 — The 
ordinance of 1787 269 

CHAPTER VI. 

THE ACTION OF THE SEVERAL STATES UPON 
THE CALL FOR THE GENERAL FEDERAL 
CONVENTION OF 1 787. 

The full responses of twelve of the States to the call, 
viz., New Hampshire, Massachusetts, Connacticut, 



CONTENTS. 



xV 



New York, New Jersey, Delaware, Pennsylvania, 
Maryland, Virginia, North Carolina, South Caro- 
lina, and Georgia, with credentials of their dele- 
gates — Rhode Island makes no response — The 
importance of these responses as historic facts. 279 

CHAPTER VII. 

THE FEDERAL CONVENTION OF 1 787. 

Distinguished men composing the body — Nationals 
and Federals — Randolph, Madison, Wilson, and 
Hamilton lead the Nationals — Patterson, Pinck- 
ney, Johnson, Sherman, Bedford, and Ellsworth 
lead the Federals — The contest was whether the 
government should continue under the Federal 
Union as States, or the sovereignly of all the States 
merge into a consolidated single Republic — The 
Federals triumphed — The revised Constitution 
adopted unanimously by twelve States — Changes 
made in it, quite as important in regard to new 
machinery and division of powers, as in the grant 
of new powers — The character of the government 
not changed — De Tocqueville's and Lord Broug- 
ham's views of the new system 292 

CHAPTER VIII. 

AN ANALYSIS OF THE CONSTITUTION AS FRAMED 
AND SUBMITTED BY THE CONVENTION AND 
THE CONGRESS TO THE CONSIDERATION OF 
THE STATES FOR THEIR RATIFICATION. 

Consists of: Mutual covenants, and delegations of 
power, as did the Articles of Confederation — No 
change in the nature of the government — The 
new feature of the three-fifths Federal ratio of 
representation fully explained — Great and grave 
popular errors refuted — History of the clause — 
Speech of John Adams on the first Article of Con- 
federation in 1776 — Discussion in the Continental 
Congress in 1783, when the three-fifths ratio was 
adopted — In the Federal Convention of 1787 — It 
was received nem. con. — View of the new restraints 
imposed on the States, as well as new covenants — 
The document shows it was Federal in its every 
feature 303 

CHAPTER IX. 

THE ACTION OF THE SEVERAL STATES UPON 
THE CONSTITUTION, WHEN SUBMITTED TO 
THEM UNDER THE REQUEST OP THE CON- 
VENTION AND THE ORDER OF CONGRESS, 
AND HOW IT WAS CONSIDERED BY THEM AT 



THE TIME OF THEIR RESPECTIVE RATIFICA- 
TIONS. THE DEBATES IN THE STATES, AND 
COMMENTS ON THEM 314 

CHAPTER X. 

ADMINISTRATION OF WASHINGTON. 
(1789—1797.) 

Inauguration at New York, 30th April, 1789 — Hon- 
ors to him en route from Mount Vernon — Grand 
display at Trenton — The Governor's attentions — 
• Committee of Congress meets him — The barge of 
"thirteen oars" symbolical — First session of 
Congress under the new organization — The first 
Cabinet — First Supreme Court Judges — Measures 
adopted — The Assumption and Funding Bill — 
Jefferson's report on the mint and decimal denomi- 
nations of money — The division of parties on 
construction, not on slavery — Resolution of the 
House on slavery not sectional — Hamilton in the 
Treasury Department — United States Bank char- 
tered — The Apportionment Bill — Party lines drawn 
on it — First bill vetoed by Washington — Central- 
ists and Republicans — Accession of North Carolina; 
also of Rhode Island — Permanent seat of govern- 
ment fixed — Indian war west of Ohio — Treaty of 
peace with the Creeks — General St. Clair — Sur- 
prised and defeated with great loss — Admission of 
Vermont and Kentucky — Organization of militia — 
Whiskey insurrection — Washington's unanimous 
re-election — M. Genet — Washington's proclama- 
tion of neutrality — M. Fauchet — Efeventh amend- 
ment to the Constitution — Jefferson's celebrated 
report, and retirement from office — General Wayne 
in the northwest — Defeats the Indians and lays 
waste their country on the Maumee — Treaty of 
peace made — Jay's treaty — Opportune and bene- 
ficial to United States — Treaty with Spain — 
Boundary settled — Hamilton's last celebrated re- 
port, and retirement from office — M. Adet — Wash- 
ington's reply to his address — Tennessee admitted 
into the Union — Washington's farewell address — 
Candidates for President and Vice-President — 
John Adams elected President, and Thomas Jeffer- 
son Vice-President — Comments on Washington's 
administration — Great prosperity 362 

CHAPTER XI. 

ADMINISTRATION OF JOHN ADAMS. 
(4th March, 1797 — 4th March, 1801.) 

Inauguration — Cabinet of Washington retained — 
Relations with France more complicated — Extra 



CONTEXTS. 



session of Congress convened — President author- 
ized to call out militia — Stamp duties imposed — 
Unpopular with the people — Pinckney, Gerry, and 
Marshall sent special envoys to France — The " X. 
Y. /.." correspondence — Pinckncy's e x pr ess ion, 
" Millions for defence, not a cent for tribute" — Fail- 
ure of mission — All treaties with France abrogated 
— Cities on fhe coast fortified — Navy Department 
created — Benjamin Stoddert appointed Secretary — 
Alien and Sedition Acts — Great popular excitement 
and alarm — War with France threatening — Wash- 
ington appointed Lieutenant-General — Naval en- 
gagements — Washington's last presence in the 
House of Representatives — Anotherattempttoavert 
war by negotiations — Three new Envoys appointed 

— Napoleon in power in Fiance — Treaty of peace 
made — Washington's death — Honors paid to his 
memory — Presidential election in 1800 — Excite, 
ment over the Alien and Sedition Acts — Prosecu- 
tion of Matthew Lyon — While in prison elected to 
Congress — Prosecution of Thomas Cooper — Trial 
of James T. Callender — Indictment of Jared Peck 

— Principles of Virginia and Kentucky resolutions 
of 1 798-9, and Madison's report thereon — Platform 
of Republicans in the canvass — The Federal can- 
didates, Adams and Pinckney — The Republican 
candidates, Jefferson and Burr — The result of the 
votes— Election made by the States in the House 
of Representatives — Thirty-six ballotings — Jeffer- 
son finally elected President and Burr Vice-Presi- 
dent — Retirement of Adams — Subsequent life and 
his death on the fiftieth anniversary of the Inde- 
pendence of the United States — His last words, 
" Jefferson survives." 379 

CHAPTER XII. 

ADMINISTRATION OF JEFFERSON. 
(4th of March, 1S01 — 4th of March, 1809.) 

Jefferson inaugurated at Washington City, in the fifty- 
eighth year of his age — Great anxiety to hear his 
inaugural — Serious apprehensions from what was 
supposed to be his French principles — His inaugu- 
ral — Gives general satisfaction — The obnoxious 
measures of preceding administration repealed — 
Cmvicts under Sedition Act pardoned — Elections 
of 1S01 favorable to the administration— Majority 
in both Houses — Acquisition of Louisiana — Letter 
nf Jefferson to Dr.Priesltyon the subject— Cession by 
Georgia in 1802, consummated in 1803 — Twelfth 
amendment of the Constitution ratified — War with 
Tripoli — Commodore Preble, Commodore Barron 
— Treaty of peace — Presidential election of 1S04 
— Duel of Burr and Hamilton — Relations with 
England and France threatening — British orders 



in council — Napoleon's Berlin and Milan decrees 
— The affair of the Leopard and Chesapeake 
— British government disavow the act of the offi- 
cers of the Leopard — The Embargo Act — Presi- 
dential election, 1S0S — Voles of the States — Re- 
peal of the Embargo — Retirement of Mr. Jeffer- 
son, with a popularity unsurpassed 388 

CHAPTER XIII. 

ADMINISTRATION OF MADISON — FIRST 
TERM. 

(4th of March, 1809 — 4th of March, 1813.) 

His Cabinet — Sketch of his character — A National 
in the Federal Convention, but afterwards Repub- 
lican — Intimate political and personal friend of 
Mr. Jefferson — The Non-Intercourse Act — Repre- 
sentation of Mr. Erskine, British Minister — About 
the orders in council — Proclamation of the Presi 
dent in consequence — The assurance of Erskine 
disavowed by his Government — He is recalled and 
Mr. Jackson sent in his place — Correspondence 
soon ceases with him — Congress convened — Senti- 
ment for war — Assurance from France that their 
Berlin and Milan decrees were revoked — Presi- 
dent's proclamation — Orders in Council persisted 
in — Commodore Rogers on the frigate President 
repels an insult from the officers of the British 
sloop-of-war Little Bt.lt — This arouses popular 
enthusiasm — The cry of " Free Trade and Sailors' 
Rights" — The young leaders on the Republican 
side, Clay, Calhoun, Cheeves and Lowndes, for 
war — The Cabinet divided — War feeling increased 
by Indian outbreaks — General William Henry 
Harrison — Battle of Tippecanoe — Increase of the 
army and navy voted — John Henry, British agent — 
Burning of Richmond theatre, I Si 1 — Great earth- 
quake of 1812 — Louisiana admitted into the Union 
— Death of George Clinton, Vice-President — 
Declaration of war, iSlh of June, 1812 — Presi- 
dential election — The candidates and result — Sev- 
eral Republicans oppose declaration of war — John 
Randolph prominent in opposition — Admiral War- 
ren's proposition for cessation of hostilities — 
Nothing comes of it 399 

CHAPTER XIV. 

ADMINISTRATION OF MADISON — SECOND 
TERM. 

(4th of March, 1813 — 4th of March, 1817.) 

Two changes in the Cabinet — War prosecuted with 
a view to the conquest of Canada — Not much ex- 



CONTENTS. 



xvli 



pected from the navy — Generals Dearborn, Hull, 
Van Renssalaer — Surrender of Detroit by Hull — 
Lewis Cass — Hull court-martialed and sentenced 
to be shot — His life spared — General William 
Henry Harrison succeeds Hull — Battle of Queens- 
town — Van Renssalaer resigns — General Smyth 
succeeds him and resigns — Splendid naval victory 
of Captain Isaac Hull — Constitution versus Guer- 
riere — Naval victory of Captain Porter, of the 
Essex, over the Alert — Naval victory of Captain 
Jones, in command of the Wasp, over the Frolic 
— Captain Decatur, in command of the frigate 
United States, captures the Macedonia — Commo- 
dore Bainbridge on the Constitution captures the 
Java — Exploits of United States privateers — Medi- 
ation offered by Emperor Alexander — Accepted 
and Commissioners appointed — Meeting of the 
Thirtieth Congress — Supplies raised by taxes and 
loan — Invasion of Canada still the leading object 
— Another campaign with this view — Slaughter of 
United States prisoners at Frenchtown — Battle of 
York, or Toronto — General Pike falls — Defence 
of Fort Meigs by Harrison — Defence of Fort 
Sandusky by Croghan — Battle of Sackett's Har- 
bor — Capture of British Fort George — Battle of 
Lake Erie — Splendid victory of Commodore Perry 
— Battle of the Thames — Tecumseh killed — Gen- 
eral Harrison resigns — Wilkinson succeeds — Creek 
Indians in Georgia and Alabama — Massacre at 
Fort Mines — Generals Floyd, of Georgia, and 
Andrew Jackson, of Tennessee — Battles of Cal- 
labee and Autossee — Battle of Tallusahatchee — 
Battle of Talladega — Jackson's victory — Battle of 
the Horse Shoe Bend — Jackson's great victory, 
and with it a treaty of peace with the Indians — 
Witherford's speech — Victories of the infant navy 
— Lawrence on the Hornet over the Peacock — 
United States reverses — Loss of the Chesapeake — 
Fall of Lawrence — His last words — United States 
brig Argus captured by the Pelican — United 
States brig Enterprise captures British brig Boxer 
— Gallant exploit of Porter on United States frigate 
Essex — British Admiral George Cockburn on 
Chesapeake bay — Mediation of Russia rejected by 
British government, but proposition made fo'" 
negotiations for peace — Offer accepted — Commis- 
sioners appointed — Ghent agreed upon as a place 
of meeting — Campaign of 1814 — Battle of Chip- 
pewa — Battle of Lundy's Lane — Scott distin- 
guished — Battle of Fort Erie — Battle of Plattsburg 
-Great victory of Commodore McDonough — 
Battle of Bladensburg — British take possession of 
Washington — Bombardment of Fort McHenry — 
Francis Key and the " Star-Spangled Banner" — 
Death of Vice-President Gerry — Disaffection in 
the New England States — Hartford Convention — 



The great battle and victory at New Orleans — 
Treaty of peace with England — Naval war with 
Algiers — Decatur soon brings the Dey to terms — 
Treaty of peace with that power — Another bank 
of the United States chartered — Indiana admitted 
into the Union — Presidential election of 1816 — 
Candidates of the respective parties — Result of the 
election — Monroe and Tompkins chosen President 
and Vice-President— Retirement of Mr. Madison 
— Condition of the country 406 

CHAPTER XV. 

ADMINISTRATION OF MONROE FIRST AND 

SECOND TERMS. 
(4th of March, 1817— 4th of March, 1825.) 

His Cabinet — The " era of good feeling " — Internal 
tax abolished — Pension act passed — Admission of 
Mississippi — Seminole War — General Jackson in 
Florida — Ambrister and Arbuthnot tried and ex- 
ecuted by court-martial — Jackson's course approved 
— Illinois admitted into the Union— Alabama ad- 
mitted into the Union — Maine admitted into the 
Union — The Missouri Compromise — Missouri ad- 
mitted into the Union — Treaty with Spain, by 
which East and West Florida were ceded to the 
United States and all claims of Spain on the 
Pacific coast north of 42 north latitude — Organi- 
zation of the Seventeenth Congress — Split in the 
Republican party — Protective tariff and internal 
improvements by the general government — Mr. 
Clay the author of the "American System " — The 
President's able paper on internal improvements — 
Independence of Mexico and five South American 
States acknowledged and recognized — The Monroe 
doctrine announced — Visit of Lafayette — Honors 
paid him — Presidential election of 1824 — The 
candidates, and result of the vote by the Colleges 
— No one chosen President — The election decided 
by the States in the House — John Quincy Adams 
chosen President— John C. Calhoun elected Vice- 
President by the Colleges 422 

CHAPTER XVI. 

ADMINISTRATION OF JOHN QUINCY ADAMS. 
(4th of March, 1825—4111 of March, 1829.) 

Great ability and experience of the new President — 
Jeffersonian Republican — One of the United States 
Commissioners— Treaty of peace at Ghent — His 
position on the Missouri question— Mr. Adams' 
Cabinet — Controversy with Georgia on the old and 
new treaty with the Creeks— Policy of Governor 



CONTENTS. 



Troup, of Georgia, carried out — General Jackson 
Dominated for the Presidency by the Legislature 
of Tennessee — He accepts the nomination, and re- 
tires from the Senate — First session of the Nineteenth 
ress, December 25th — Debates become bitter 
— McDuffie, of South Carolina, on Mr. Clay — 
I'rimble, of Kentucky, in reply — Investigation 
called (or — Clay vindicated — The Panama mission 
— Internal improvements discussed with warmth — 
New party lines distinctly marked — The death of 
John Adams and Thomas Jefferson — Funeral cer- 
emonies in memory of the honored dead — Elections 
to Twentieth Congress in favor of the opposition — 
The protective policy the absorbing question — The 
tariff bill of 1S28 passed — Known as the " Kill of 
Abominations" — Presidential election of 1S28 — 
The candidates, and result of the election — General 
Jackson the recognized head of the Democratic 
party — Mr. Clay the leader of the National Repub- 
licans 442 

CHAPTER XVII. 

ADMINISTRATION OF JACKSON. 

(4th of March, 1829 — 4th of March, 1837.) 

Large attendance at inauguration — Krief sketch of 
the man — Always Jeffersonian Republican — First 
Cabinet — Removal of Indians — Debate between 
Hayne and Webster — Veto of Maysville Road 
Kill — Rupture between Jackson and Calhoun — 
Reorganization of Cabinet — Death of President 
Monroe — National Republicans' Convention — 
Nomination of Clay and Sergeant — Anti-Masonic 
convention — Nominations of Wirt and Ellmaker — 
John Quincy Adams returns to the House; Clay 
and Calhoun to the Senate — Rill to rechartcr 15. ink 
of the United States vetoed— Tariff bill of 1832— 
The cholera — War with the Winnebagoes — Klack 
Hawk — General Scott — First general convention 
of that wing of Jeffersonian Republicans styling 
themselves Democratic — The two-thirds rule — 
General result of election — Jackson re-elected 
lent, and Van Kuren chosen Vice-President — 
Vote by Slate-. — Nullification ordinance in South 
Carolina— Jackson'.-, celebrated proclamation — Me- 
diation of Virginia — Mr. Clay's compromise of 
'833 — The principle of protection abandoned — 
Clay's bill accepted by South Carolina — Fnd of the 
Nullification imbroglio — Debate between Calhoun 
and Webster— Removal of public deposits — Cal- 
houn, Clay, and Webster, "the great trio," united 
in opposition to the administration— Name of Whig 
assumed by combined op|>osition— Kenton and 
Forsyth sustain administration — The protest— The 
meteoric shower— Death of Chief-Justice Marshall 



— Extreme winter of 1834-35 — Great fire in New 
Vork — Seminole war — Arkansas and Michigan 
admitted into the Union — Death of Madison — 
Presidential election of 1834 — Result of the vote 
— General Jackson's retirement — Farewell ad- 
dress 446 

CHAPTER XVIII. 

ADMINISTRATION OF VAN BUREN. 
(4th of March, 1837— 4th of March, 1S41.) 

His inauguration — Accompanied by General Jackson 
— The new Cabinet — Great financial panic of 1837 
— Extra session of Congress — Sub- Treasury system 
— Seminole war — Colonel Zachary Taylor — Os- 
ceola — Flag of truce violated by General Jessup — 
Agitation of slavery — Resolutions of Mr. Calhoun, 
1837 — Analysis of the votes on them — Request of 
James Smithson — Atherton's resolutions in the 
House — Analysis of the votes on them — Presi- 
dential election of 1840 — The candidates and result 
of election — Retirement of Van Kuren — Tribute to 
his administration 45S 

CHAPTER XIX. 

ADMINISTRATIONS OF HARRISON AND TYLER. 

(4th of March, 1841 — 4th of March, 1S45.) 

Inauguration scenes — Harrison, a Jeffersonian Repub- 
lican — Extract from his inaugural — The new Cabi- 
net — Extra session of Congress called — Death of 
Harrison — John Tyler, Vice-President, becomes 
President — Twenty-seventh Congress known as the 
Whig Congress — Tyler a strict constructionist — Di- 
vision of Whig party — Resignation of all the Cabi- 
net except Webster — The new Cabinet — Repeal of 
Sub-Treasury Act and an act of bankruptcy estab- 
lished — Clay, the leader of the Whigs, opposed to 
the administration — Rives and Wise, of Virginia, 
the defenders of the President — Scene in the House 
on motion to censure Mr. Adams for presenting 
the petition for the dissolution of the Union — Mr. 
Clay retires from the Senate — The Tariff Bill of 
1842 — The great treaty of Washington — The Dorr 
rebellion in Rhode Island — Mr. Webster's retire- 
ment from the Cabinet — Other changes in the Cabi- 
net — Mr. Adams' Pittsburgh speech in November, 
1843 — The Twenty-eighth Congress largely Dem- 
ocratic — Repeal of the 2 1st Rule — The accident 
on the Princeton — Death of two members of the 
cabinet — Mr. Calhoun made Secretary of State — 
Treaty with Texas rejected by the Senate — Presi- 
dential election of 1844 — The candidates and the 
result — The Texas question absorbs all others in 



CONTENTS. 



the canvass — On second session of Twenty-eighth 
Congress divers plans for the annexation of Texas 
— Milton Brown's resolution — Benton's alternate 
proposition — Brown's adopted — Tyler's retirement 
— His administration 469 

CHAPTER XX. 

THE REPUBLIC OF TEXAS. 

(1774— 1845.) 

Early settlements — Jesuit missionaries — The erection 
of a chain of forts by Spain — Moses Austin's 
colony — His son, Stephen F., succeeds him — Con- 
dition of Texas during Colonial existence — Act of 
the Cortes of the Mexican Republic, May, 1824 — 
Emigration increased — Bustamente's usurpation — 
Santa Anna, Dictator — Stephen F. Austin arrested 
and imprisoned — War by Mexico against Texas — 
Austin's release and speech — Resistance by Texas 
organized — Battle at Gonzales — Texan victory at 
Goliad — Constitutional Convention — General Sam 
Houston — Successful siege of Bexar — Mexicans 
driven from the Territory — Santa Anna renews 
the war — The massacre of Alamo — David Crockett 
killed — Santa Anna attacks Goliad and kills all 
the prisoners after surrender — The battle of San 
Jacinto — Texas triumphant — Santa Anna captured 
— Independence achieved — Milton Brown's prop- 
osition for admission into the Federal Union of 
the United States accepted 479 

CHAPTER XXI. 

ADMINISTRATION OF POLK. 
(4th of March, 1845 — 4th of March, 1849.) 

The Ipaugural, with the scenes attending it — The 
new Cabinet — Dismissal of Blair and Rives, as the 
organ of the administration — The Mexican min- 
ister withdraws from Washington — General Taylor 
ordered to Texas with 5,000 troops — Death of Gen- 
eral Jackson — Twenty-ninth Congress largely Dem- 
ocratic — Texas admitted as a State in the Union — 
Whig tariff of 1842 repealed — New tariff passed, 
without the protective principle — Sub-Treasury bill 
re-enacted — Smithsonian Institute established — 
Notice to terminate the joint occupation of Oregon 
given — French spoliation bill passed and vetoed — 
General Taylor moves from Corpus Christi to the 
Rio del Norte — Massacre of Captain Thornton's 
Company — Battles of Palo Alto and Resaca de la 
Palma — War with Mexico declared — 50,000 vol- 
unteers called out — $ 10,000,000 appropriated — 
Generals Taylor, Kearney, and Wood — Monterey 
captured — Kearney at Santa Fe — Colonel Don- 



ovan, and his exploits — Colonel Fremont on the 
Pacific coast — Battle of Buena Vista — Great victory 
by Taylor — General Scott at Vera Cruz and on the 
road to Mexico — Battle of Cerro Gordo — Victory 
by Twiggs — General Worth at Pueblo — Battles and 
Victories of Contreras and Churubuscu — Battles 
of Molino del Rey and Chapultepec — Capture of 
Mexico — Treaty of Guadaioupe-Hidalgo — The 
Wilmot Proviso — Mr. Burke's amendment to Or- 
egon bill — Mr. Calhoun's resolutions of 1847 — 
Wisconsin admitted into the Union — Presidential 
election of 1848 — Candidates, and result of elec- 
tion — Gold mines of California — Immense immi- 
gration — Retirement of Mr. Polk — His adminis- 
tration 485 

CHAPTER XXII. 

ADMINISTRATION OF TAYLOR. 

(4th of March, 1849 — 22 & of December, 1849.) 

The Allison letters — The inaugural and attending 
scenes — New cabinet — First object of attention — 
Affairs and condition of things in the Territory of 
California — Thomas Butler King's mission — Death 
of ex-President James K. Polk — Meeting of Thirty- 
first Congress, December, 1 849 — Great excitement 
in the House over the election of Speaker — No 
party had the majority — The Whig caucus — Some 
Southern Whigs refused to support the nominee, 
Mr. Winters — Howell Cobb, of Georgia, nominated 
by the Democrats — Gentry voted for by some 
Southern Whigs — Exciting debates in the House 
— Speeches of Duer, Bailey, Toombs, Stanton and 
others— A rule adopted cutting off debate — Toombs' 
denunciation of it — Plurality rule adopted for the 
election of the Speaker — Howell Cobb finally 
elected under it, his vote being nine less than a 
majority 496 

CHAPTER XXIII. 

Taylor's administration — continued — fill- 
more's accession to the presidency. 

(December, 1847, to September, 1850.) 

The great trio in the Senate again — Calhoun, Clay, 
and Webster — Clay takes the lead on the sectional 
question — His great speech and proposed com- 
promise — Contest in the House over Doty's bill — . 
Position of a few Southern Whigs — Conference at 
the Speaker's house — John A. McClernand leading 
— Toombs' speech — Calhoun's speech — Webster's 
7th of March speech — Bell's speech in the Senate 
— Calhoun's death — Excitement in the House, 



CONTENTS. 



14th and 15th of June — Action of the Senate, 17th 
of Jane — Webster's speech on that day in the 
Senate — Clayton-Bulwer treaty— Death of Presi- 
dent Taylor— Accession to the Presidency of Mr. 
Fillmore, the Vice-President— Taylor's cabinet re- 
signed — The new cabinet appointed by Fillmore — 
Mr. Webster transferred from the Senate to the 
State Department — Mr. Clay's "Omnibus" bill — 
Its final disposition — In the Senate as well as the 
House — Full account of the exciting scenes in the 
House and the final action upon it — Analysis of 
the votes 5 ' * 

CHAPTER XXIV. 

FILLMORE'S ADMINISTRATION continued. 

(September, 1850— 4th of March, 1853.) 

Second session of Thirty-first Congress, December, 
1850 — The country comparatively quiet — Mr. Fill- 
more's message meets with general favor — Im- 
portant decision of Speaker Cobb on the subject 
of Federal time — The adjustment measures of 
1850 not universally acquiesced in in the South — 
Conventions called in several States — South Caro- 
lina, Georgia, Mississippi — Georgia platform of 
1850 — Elections in 185 1 in Georgia and Missis- 
sippi — Laying corner-stone of the capitol extension, 
4th of July, 1S51 — Mr. Clay's death and funeral — 
Lopez's second expedition and disastrous results 
— Giinnell's second expedition to the Arctic Seas 
in search of Sir John Franklin — The elections to 
Thirty-second Congress favorable to the adjust- 
ment measures — Lynn Boyd, the leading advocate 
of the measures, chosen Speaker by a large major- 
ity — Presidential election in fall of 1852 — Party 
platforms, with candidates and results of elections 
— Death of Mr. Webster — Retirement of Mr. Fill- 
more after the 4th of March, 1853 533 

CHAPTER XXV. 

ADMINISTRATION OF PIERCE. 
(4th of March, 1853—4111 of March, 1S57.) 

The inaugural scenes — Pierce a most accomplished 

orator — New cabinet — Acquisition of Arizona — 

1 hange the arena of their operations — 

Act of Congress nullified by State laws — Personal 

liberty bills — Resistance in the Douse to the pas- 

of the Nebraska bill — Mr. Sumner le 
opposition to it — The charge that it was a violation 
of the Missouri Compromise— Not so in fact — It 
only carried out in good faith the settlement of 
1850 — Bill passed by large majorities, with Kansas 
added — Whig party becomes extinct — Armed re- 



sistance organized in the Territory — The Kansas 
war — The "Know-Nothing" organization — In 
Thirty-fourth Congress no party has a majority — 
Nathaniel P. Banks elected Speaker under plurality 
rule — Slavery agitation at its highest pitch — Presi 
dential election in fall of 1S54 — The candidates 
and result of election — Buchanan chosen President 
and Breckinridge Vice-President — Tariff of 1857 
— Bill to admit Kansas as a State — Retirement of 
Mr. Pierce 541 

CHAPTER XXVI. 

ADMINISTRATION OF BUCHANAN. 
(4th March, 1857 — 4th November, i860.) 

The inaugural — The new cabinet — The troubles in 
Utah and Kansas — The Mormons — Colonel Albert 
Sidney Johnston's expedition against them — Su- 
preme court decision in the Dred- Scott case — 
Against the constitutionality of territorial restric- 
tion of slavery by Congress — The old Missouri line 
null and void from the beginning — Denunciations 
against the chief-justice by agitators for the deci- 
sion — Affairs in Kansas — Commission of Robert J. 
Walker — Lecompton constitution tolerating slavery 
— Excitement in both Houses of Congress — Dis- 
agreement upon the admission of Kansas — Com- 
mittee of conference — Matter adjusted — Minnesota 
admitted — Mormon war ended — The sub-marine 
telegraph — Messages across the Atlantic — The 
great comet of 1858 — Oregon admitted — Death of 
Washington Irving — John Brown's raid in Virginia 

— His seizure of Harper's Ferry — Arrested, tried, 
and executed — Thirty-sixth Congress meets De- 
cember, 1859 — Sectional agitation intense — Mr. 
Davis' resolutions in the Senate — Passed by over- 
whelming majorities — Presidential election of 1S60 

— Candidates and result of election — Abraham 
Lincoln constitutionally chosen — Excitement in 
the Southern States — Conventions called 547 



CHAPTER XXVII. 

BUCHANAN' S ADMINISTRATION — continued. 
(4th November, 1S60— 4th February, 1S61.) 

South Carolina passes ordinance of secession— Its 
language, and reasons assigned for it — Breach of 
faith on the part of thirteen Northern States, in the 
matter of the rendition of fugitives from service — 
Refusal of the State of I mio and Iowa to return 
fugitives fr.mi justice — In the matter of the John 
Brown raid — The meeting of the second session 
of the Thirty-sixth Congress, December, i860— 



CONTENTS. 



> Conciliatory message of the President — While he 
denied the right of the State to secede, he also de- 
nied the power of Congress, under the Constitu- 
tion, to coerce the withdrawing State — Proposition 
' of Mr. Crittenden for compromise by constitutional 
amendment — This meets with no favor from the 
agitators — Telegram of Mr. Davis, Toombs, and 
others to the people of the Soutnern States, advis- 
ing secession — Speech of Mr. Toombs in the Sen- 
ate, 7th January, 1S61 559 

CHAPTER XXVIII. 

Buchanan's administration — continued. 

(4th November, i860 — 4th February, 1861.) 

Events in Georgia — Old champions of the Union now 
for secession — Toombs, the brothers Cobb, Thomas 
W. Thomas, and others — Speech of Alexander H. 
Stephens, before the State Legislature, November 
14th, 1S60 — The secession convention, 16th Janu- 
ary, 1861 — The speech of Alexander H. Stephens 
in that body — Position of Herschel V. Johnson — 
Ordinance of secession passed — Linton Stephens' 
resolutions — State sends delegates to the Mont- 
gomery convention — Alexander H. Stephens one 
of the 1 * delegates — Resolution offered by him, and 
adopted before his acceptance of the trust ... 570 



CHAPTER XXIX. 

Buchanan's administration — conti?iued. 

(4th of February, 1861 — 4th of March, 1861.) 

The Peace Congress — Twenty-one States represented 
— Mr. Chase appears as a delegate from Ohio — 
His speech — Its effect — Unequivocally declares 
that the party that elected Mr. Lincoln never 
would regard the decisions of the Supreme Court, 
upon the subject of the powers of Congress to ex- 
clude slavery in the Territories; and that they 
never would comply with their obligations under 
the Constitution to return fugitives from service — 
The result of the Congress was to widen instead 
of healing the breach between the sections — The 
moral view of slavery — Was it a sin or not? — Dr. 
Diaper's view of what the Southern States had to 
contend against — Invitation of South Carolina for 
Southern Congress to meet nt Montgomery, the 4th 
of February, 1861 — The assemblage of that Con- 
gress — The States represented — Provisional gov- 
ernment organized for a year — Officers elected 
under it — Jefferson Davis, President— Alexander 
H. Stephens, Vice-President — The provisional and 
permanent Constitution adopted — The changes in 



these from the Philadelphia Constitution of 1787 — 
All conservative — Mr. Davis' inaugural address — 
His Cabinet — Commissioners sent to Washington — 
Commission of South Carolina — Mr. Buchanan's 
refusal to receive them officially — Spirited conver- 
sation between him and them, which was abruptly 
broken off by him — Major Robert Anderson dis- 
mantles Fort Moultrie, spikes the guns, and se- 
cretly at night takes possession of Fort Sumter — 
Changes in the Cabinet at Washington — Mr. Cobl>, 
General Cass, Mr. Floyd, Mr. Thompson, retire — 
The country in a most unsettled condition — Mr. 
Buchanan's retirement 589 

CHAPTER XXX. 

ADMINISTRATION OF LINCOLN FIRST YEAR 

OF THE WAR BETWEEN THE STATES. 

(4th March, 1S61 — 1st January, 1862.) 

His inaugural — The Cabinet — Confederate Commis- 
sioners' note to Mr. Seward, Secretary of State — 
His reply to Judge Campbell, of the Supreme 
Court — Commissioners deceived — Fleet fitted out 
at New York to relieve Sumter in violation of 
pledge given the Commissioners — Commissioners 
leave Washington — Judge Campbell resigns place 
on Supreme Couit bench — Bombardment of Fort 
Sumter — Beauregard commands Confederate forces 
— Major Robert Anderson commands the Federal 
garrison — Anderson capitulates — President Lin- 
coin issues proclamation for 75,000 troops and for 
an extra session of Congress — Charge on the Fed- 
eral side that the Confederates had begun the war 
— Confederates maintain that the war was begun 
when the hostile fleet was sent to reinforce Fort 
Sumter, " peaceably, if permitted, but forcibly, if 
necessary" — "The aggressor in a war not the force 
who uses force, but the first who renders force 
necessary" — President Lincoln's call for troops 
met by a similar call by the government at Mont- 
gomery for volunteers to repel aggressions — Presi- 
dent Lincoln's call without authority of law — 
Creates great excitement in the border States — 
Virginia, North Carolina, Tennessee, and Arkan- 
sas secede from the Federal Union and join the 
Confederate — Riot in Baltimore — A second and 
third proclamation by President Lincoln, ordering 
a blockade of the ports of the seceded Siau s, and 
increasing the regular army and the navy without 
authority of law — These were succeeded by a 
fourth, suspending habeas corpus in certain locali- 
ties — Great number of citizens arrested — The case 
of John Merryman — The decision of the chief- 
justice defied by the military — Lettres de Cachet 



COAV£.YTS. 



by cabinet officers — Mr. Seward's remark to Lord 
Lyons — Seat of Confederate government trans- 
ferred to Richmond — The death of Stephen A. 
Douglxs — His last words — Opposed to the policy 
of Mr. Lincoln — Federal Congress meets 4th July 
— His las! speech in the Senate — President Lin- 
coln's acts not legalized, but excused by the Fed- 
eral Congress — 525,000 men and $500,000,000 
appropriated by Federals to prosecute the war — 
Heath of Ellsworth at Alexandria — Engagements 
at Grafton, 1'hillipi, Big Bethel, Rich Mountain, 
Laurel Hill, Carrick'l Ford, Acary Creek, and the 
fiist great battle of Manassas — Confederate Con- 
gress at Richmond — Toombs resigns Secretaryship 
of State — Appointed brigadier-general — Robert 
M. T. Hunter succeeds him — General Scott re- 
lieved from further active duty — His place filled 
by McClellan — Victories of Federals in North 
Carolina — Victory of Confederates at Leesburg 
and at Cheat Mountain Pass — Federals take Fort 
Royal, South Carolina — State of things in Mis- 
souri — Confederate victories at Carthage and Oak 
Hill — General Lyon killed — General Price takes 
Lexington — Battle at Belmont — Confederate elec- 
tions for President and Nice-President, under con- 
stitution for permanent government — General Rob- 
ert Lee assigned to duty for South Carolina and 
Georgia — The affair of the Trent — Siidell and 
Mason, Confederate commissioners, seized by Cap- 
tain Wilkes, United States Navy — Federal govern- 
ment disavows the act — Commissioners released — 
Provisional government in Kentucky — Confederate 
privateers — No exchange of prisoners — Every 
proposition with tl. is object made by Confederates 
rejected by the Federals — Close of first year of the 
war 606 

CHAPTER XXXI. 

ADMINISTRATION OF LINCOLN — continued. 

ISl January, 1862 — 1st January, 1863.) 

The Second Year of the War. 

Comparative numbers of the two sides in the field — 
Confederates about 300,000, ami Federals about 
800,000 — Stanton, Federal Secretary of War — 
name of operations — Richmond the 
objective point from Washington — McClellan in 
command — Of movements southward from 
under Halleck — Programme of Conic lei 
1 h L. Johnston to oppose McClellan— Albert 
Sidney Johnston, with headquarters at Bowling 
n, Kentucky, to o| Halleck — First move- 

ment by Halleck Battle of Fishing Creek, Ken- 
tucky Defeat of ZollikofTer by George H.Thomas 
— His death and character — Fall of Forts Henry 



and Donelson — Retreat of Sydney Johnston from 
Bowling Green, Kentucky, to Corinth, Mississippi 
— Fall of Nashville, with loss of immense Confed- 
erate stores — Second inauguration of Mr. Davis a> 
President, and Mr. Stephens as Vice-President— 
Federals at Pittsburgh Landing — Battle of Elkhorn 
—Fall of MeCulloch— Battle of Shiloh— Fall of 
Sidney Johnston — Confederate victory the first day 
— Federals get the better the second day — Con- 
federate force vacates Tupelo, Mississippi — Evac- 
uation of Fort Pillow — Memphis taken by the Fed- 
erals — Beauregard succeeded by Bragg in com- 
mand of the army of the Tennessee — McClellan 
moves an army of 120,000 against Richmond — Joe 
Johnston, with 30,000 men only, at Manassas, re- 
tires before the opposing host — McClellan changes 
the line of his operations — The Peninsula cam- 
paign — Stonewall Jackson's valley campaign — 
Battles of Williamsburg, Seven Pines, and seven 
days' fighting about Richmond — The defeat of Mc- 
Clellan — McClellan relieved, and Pope succeeds 
to command of Federal army — The battle of Cedar 
Run — Victory of Stonewall Jackson over Banks — 
The great second battle of Manassas — Brilliant 
Confederate victory — Lee in command — Federals 
routed — McClellan restored to the command of the 
Federal army around Washington — Movement of 
Bragg into Kentucky — Battlts of Richmond and 
Perryville, Kentucky — Great victory of E. Kirby 
Smith — Bragg retires from Murfreesboro, Tennes- 
see — Rosecrans succeeds Buell in command of 
Federal army — The bloody drawn battle of Mur- 
freesboro — Swinton's comments — Lee, after second 
battle of Manassas, moves into Maryland — Battles 
of Boonesborough or South Mountain, and Clamp- 
ion's Gap — Harper's Ferry captured by Stonewall 
Jackson, with 1 1 ,000 prisoners and immense army 
s[ore s — The great drawn battle at Sharpsburg, or 
Antietam — Lee returns to Virginia — The seven 
governors meet at Altoona — Lincoln's proclamation 
of emancipation (see Appendix P) — McClellan 
superseded by Burnside — War prosecuted for 
emancipation — Battle of Frederick sUirg — Confed- 
erate victor) — Naval operations for the year — Ro- 
...,oke Island captured by Federals — The Virginia, 
the Confederate iron-clad war vessel, attacks Fed- 
eral fleet 8th March — McCabe's account of the 
engagement — Newbern, North Carolina, taken by 
Federal fleet — Island No. 10, in the Mississippi 
river, taken by Federals, 7th April — Fort Pulaski 
taken by Federals, 12th April — Forts Jackson and 
St. Phillip's, at the mouth of the Mississippi river 
— Farragut's fleet passed them — New Orleans cap- 
tured — Fort Mason, in North Carolina, taken by 
Federal fleet — Attack by Federal fleet, led by 
monitors, on Confederate works at Drewry's Bluff 



CONTENTS. 



— Attack unsuccessful — The Confederate war-ships 
Florida and Alabama put to sea from English 
port 631 

CHAPTER XXXII. 

administration of Lincoln — continued. 

(1st January, 1863 — 1st January, 1864.) 

Third Year of the War. 

Plan of Federal campaign two-fold — Capture of 
Richmond and the opening of the Mississippi 
river — Hooker's army at Fredericksburg, of 
132,000 — Lee confronting him with 50,000 — The 
great battles .-\bout Chancellorsville — The fall of 
Stonewall Jackson — The military status on both 
sides anew in 1863 — General D. Hunter's letter 
to President Davis, 23d of April, 1863 — The po- 
litical aspect of affairs at this time — Mr. Stephens' 
letter to Mr. Davis upon the subject of the ex- 
change of prisoners — The reply and the result — 
The battles of Gettysburg and the capitulation of 
Vicksburg — Giant's movements before the siege 
and capture of Vicksburg — McCabe's account of it 
— Wilson's account of it — Admission of West Vir- 
ginia as a State in the Union — Particulars of Lee's 
invasion of Pennsylvania — Hooker superseded, 
and Meade takes his place — Particulars of the 
battles of Gettysburg — Lee retires to Virginia — 
Sends 5,000 of his troops to aid Bragg in repelling 
Rosecrans' advance in Georgia — The great battles 
of Chickamauga, in which Bragg achieved a 
splendid victory — Longstreet with his forces sent 
to Knoxville — An unsuccessful assault by him on 
that place — Grant takes possession of Federal 
forces about Chattanooga — His great victory on 
Missionary Ridge — Bragg is relieved and General 
Joseph E. Johnston takes his place — Naval opera- 
tions for the year — Fort Sumter battered to ruins, 
but still held by the Confederates — Close of the 
third year of the war 690 

CHAPTER XXXIII. 

administration of Lincoln — continued. 

(1st of January, 1864 — 15th of April, 1S65.) 

Invasion of Florida — Battle of Oltistee or Ocean 
Pond — Victory of Confederates — Victory at Oko- 
lona, Miss., by Forrest — Banks' expedition from 
New Orleans to Texas — Battles of Mansfield and 
Pleasant Hill — Banks' retreat — Events in the East 
— Cavalry raids of Kilpatrick and Dahl^ren into 
Virginia — Sherman transferred to Chattanooga — 
Two campaigns developed by the Federals : one 
against Richmond, under Grant, and the other 



against Atlanta, in Georgia — Lee opposed to Grant 
in Virginia — And Johnston opposing Sherman in 
Georgia — Gram's plan of movement — Crook's expe- 
dition up the Kanawha — Sigel in the Shenandoah 
valley — Butler's movements up the James river, with 
a view of attacking Petersburg on the south of Rich- 
mond — Grant's plans — Grant moves on the 4th of 
May — Lee opposes him, and checks his advance — 
Battles of Wilderness, Spottsylvania Court-House, 
North Anna, and Cold Harbor — Grant swings 
around to the James river, and takes position at City 
Point — Butler's cooperative movements on the 
south side — Battle of Walthall Junction — Resulted 
in a victory for the Confederates under Generals 
Bushrod Johnson and Hagood — Butler's retreat 
to Bermuda Hundreds, where he was " bottled 
up" during the remainder of Grant's campaign — 
Crook and Sigel's defeat in the valley — Battle of 
New Market — Sigel superseded by Hunter — Battle 
of Lynchburg — Hunter defeated by Early — Early's 
expedition into Maryland against Washington — 
His withdrawal — Battle of Winchester and Cedar 
Creek — Grant's operations against Petersburg — 
Powder mine explosion — Events in Georgia — 
Sherman's advance on Atlanta — Battles of Resaca, 
New Hope, and Kennesaw — Johnston's masterly 
strategy — He falls back to Atlanta — And is super- 
seded by Hood — Battles of Atlanta under Hood — 
Evacuation of Atlanta — Hood's Tennessee cam- 
paign — Battles of Franklin and Nashville — Sher- 
man's grand march to the sea — Engagement at 
Griswoldville — Naval operations — The Alabama 
sunk by the Kearsarge — Loss of the Albemarle — 
Capture of the Florida — Admiral Farragut's expe- 
dition to reduce the forts at Mobile — Loss of the 
Confederate ram — Evacuation and capitulation of 
Forts Powell, Gaines, and Morgan — Expedition 
of Porter and Butler against Fort Fisher — Terrific 
bombardment without success — The Shenandoah 
at sea — Admission of Nevada as a State — Election 
for President and Vice-President — The candidates, 
and vote, with result — Abraham Lincoln and 
Andrew Johnson elected — Thirteenth amendment 
to the Constitution — Hampton Roads Conference 
— Second expedition of Admiral Porter against 
Fort Fisher — The fort falls — Death of General 
Whiting on the Federal side, and Colonel John T. 
Lofton, and wounding of Colonel William Lamb, 
commander of the fort, of the Confederates — Sher- 
man's march from Savannah through South Caro- 
lina—Burning of Columbia — Sumter finally passes 
into the hands of the Federals — General Johnston 
reinstated — Battle of Averasboro, and Bentonville 
— Lee's lines broken about Petersburg — Severe 
battles fought — Lee's surrender — Fall of Richmond 
— Mr. Davis and cabinet retiring to Danville — The 



COXTENTS. 



" Sherman-Johnston" Convention — Assassination 
of Lincoln — Johnson becomes President — I 
lation of General Johnston's army — Surrender of 
E. Kiiby Smith in Texas, on the 26th of May — 
Mr. Davis arrested — Arrest of Mr. Stephens ami 
Reagan, ami other prominent Confederates — Sum- 
mary of losses in the war on both sides — Cavalry 
exploits 790 

CHAPTER XXXIV. 

ADMINISTRATION OF JOHNSON. 
(15th of April, 1865 — 4th of March, 1S69.) 

The new President's antecedents — Lincoln's Cabinet 
continued — Rejection of the " Sherman-Johnston " 
Convention — Arrest of Mr. Davis, Mr. Stephens, 
and all the high officials of the Confederate gov- 
ernment — His proclamation of peace, and proc- 
lamation fur reconstruction of North Carolina, 
with the other States — Terms of proclamation com- 
plied with — Thirteenth Amendment adopted — 
General Grant's report on the condition of the 
South— Mr. Stephens elected to the United States 
Senate from Georgia, on the organization of the 
State under the Georgia policy — His speech before 
the Georgia Legislature in 1866 — General Winfield 
Scott's death — The Johnson Convention in Phila- 
delphia, August, 1866 — Rupture between the Pres- 
ident and Congress — New reconstruction measures 
! — fourteenth Amendment proposed — Not 
ratified by the Southern States — New reconstruction 
bill passed — Passed ever the veto of the President 
— Government under Johnson's policy overthrown 
— Southern States divided into five military districts 
— Writ of //a/has Corpus suspended throughout 
the whole of them in time of peace — Mr. Davis' 
release and enlargement on bond — Indictment for 
treason finally quashed by government without a 
trial — General pardon proclaimed by Johnson — A 
limited number excepted — Another Presidential 
tion — Candidates and result of election — Grant 
and Colfax elected — Acquisition of Alaska — Death 
of ex-President Buchanan S38 

CHAPTER XXXV. 

ADMINISTRATION OF GRANT. 

(4th of March, 1S69- -,i'h ol Much, 1877.) 

Inauguration — Inaugural address — New Cabinet — 
Changes in it — Forty first ■ meets 4th of 

March, [869 — District Civil Rights bill passed — 
Completion of Union Pacific railroad, May 10, 
1869 — Death of ex-President Pierce — Death of 
Edwin M. Stanton — Black Friday in Wall street — 



Second session Forty-first Congress — Virginia, 
Mississippi, and Texas readmitted into the Union 
— Georgia readmitted some time before — Fifteenth 
Amendment announced ratified, 15th March — 
Enforcement act of May, 1S70 — Establishment of 
Signal Service Bureau — Events in Georgia — Stale 
election of 1870 — Arrest of Judge Stephens for 
violation of Enforcement act — He speaks in his 
own defence, before United Slates Commis! 
Swayze— Indictment against him ignored by Fed- 
eral grand jury — Amendment of Enforcement act 
by Congress — Death of General Robert E. I.ee — 
Repeal of income tax — Repeal of the iron-clad 
oath — Modified oath substituted for Confederate 
office-holders — Forty-second Congress — Ackerman 
succeeds Hoar as Attorney-General — Great number 
of prosecutions for violation of Enforcement and 
Ku-Klux acts — Williams succeeds Ackerman — 
Grant's pardon of convicts in South Carolina — 
Great fire at Chicago — Immense loss of property 
and life — Second session Forty-second Congress — 
Removal of disabilities of 150,000 Southern citi- 
zens — Modoc war — Massacre of Canby, Thomas, 
and others — Execution of Captain Jack — Boundary 
line between United States and England finally 
settled — Necrology of 1S72 — Presidential election 
of 1872 — Candidates, with results — Great fire in 
Boston — Demonetization of silver — Credit M •- 
bilier Salary grab — Louisiana troubles, growing 
out of frauds in election in 1872 — President's mes- 
sage on the subject — Grant's second inaugural — 
Troubles in Louisiana in September — Great frauds 
in election there in 1873 — Final settlement of the 
questions — Great monetary panic of 1873 — Caused, 
it is believed, by demonetization of silver — Admis- 
sion of Colorado — Centennial celebration of 1775 
— These only preludes to the grand international 
celebration of the United States — McCabe's account 
of this — Presidential election of 1S76 — Candidates, 
and results — Electoral Commission — \\,\y 
Wheeler declared elected by a majority of one — 
Grant's retirement 847 

CHAPTER XXXVI. 

ADMINISTRATION OF HAYES. 
(4th of March, 1877— 4th of March, 1 

Scenes attending the inaugural addres — < >. th of 
office — New Cabinet — Composite, able, conserva- 
tive — Great embarrassments nf the new President 

1 — He manages the state of affairs with consummate 
skill and ability — The (/nasi state of war existing 
in South Carolina and Louisiana settled — Peace and 
harmony restored — The President and some of his 
cabinet visit Atlanta, Georgia, where they receive 



CONTENTS. 



an ovation — Great railroad strikes — Nez Perces 
war — Extra session of Congress called for October 
— Senate Republican, House Democratic — Randall 
again chosen Speaker — Death of Senator Morton — 
Second session of the Forty-fifth Congress assem- 
bles in December — Important measures of this ses- 
sion — Relief granted to Southern soldiers of the 
war of 1812 — Partial remonetization of silver — 
Provision made for return to specie payments — 
Presentation and unveiling of Carpenter's picture 
of Lincoln's signing emancipation proclamation — 
Speeches of Messrs. Garfield and Stephens — Mone- 
tary conference at Paris — United States metric 
coins — Goloid, gold and silver — Dr. William 
Wheeler Hubbell — The Potter resolutions — Gen- 
eral Grant's travels and return — Chicago convention 
of 18S0 — General Grant's name presented for the 
third term without success — Garfield and Arthur 
nominated — Democratic convention at Cincinnati, 
22d June — Hancock and English nominated — The 
result of the election — Second session of Forty- 
fifth Congress — Mr. Hayes' retirement — His ad- 
ministration one of the wisest and most beneficent 
of modern times 877 



CHAPTER XXXVII. 

ADMINISTRATION OF GARFIELD AND 
ARTHUR. 

(4th March, 1881, to Dec., 1882.) 

Inauguration scenes — Grandest pageant ever before 
witnessed in the United States — The new Cabinet 
— Troubles in the Republican party — Irreparable 
breach — The nomination of Robertson for the Col- 
lectorship at New York — Resignation of Conkling 
and Piatt — Illness of Mrs. Garfield — Assassination 
of the President — His suffering and death — Vice- 
President Arthur becomes President — Funeral of 
President Garfield — Guiteau, the assassin — His 
trial, conviction and execution — President Arthur's 
Cabinet — Mr. Blaine's South American policy — 
The first session of the Forty-seventh Congress — 
Blaine's Eulogy on Garfield — The anti-Chinese Bill 
— The Tariff Commission Bill — The extension of 
the National Bank charters, with the funding of the 
3^ per cent, into 3 per cent, bonds — The Cotton 
Exposition at Atlanta, Ga. — The conclusion. . 892 



APPENDICES. 



A. — Mecklenburg Declaration of Independence. 917 M. 

B. — Declaration of Independence 917 

C. — Articles of Confederation 919 N.- 

D. — Constitution of United States 922 O.- 

E., — Stephens on Government 928 P. 

F. — Washington's Farewell Address 932 

G. — Kentucky Resolutions of 1798 937 

Virginia Resolutions of 1798 940 

H. — Madison's Report 940 

I. — Meredith P. Gentry 959 Q. 

K. — Georgia Platform of 1850 963 R 

L. — No. 1. Address before the Assembly of 

Georgia 964 

No. 2. Testimony of A. H. Stephens. . . . 970 
M. — No. 1. Provisional Constitution Confederate S.- 

States 976 T. 



—No. 2. Permanent Constitution Confederate 

States 980 

-Correspondence 985 

-Reminiscences of Alexander H. Stephens.. 990 
-No. I. Abraham Lincoln's Emancipation 

Proclamation 994 

No. 2. Appointment of Hon. Alexander 
H. Stephens, as Military Com- 
missioner to Washington 994 

-Destruction of Columbia, S. C 995 

-No. 1. The Hampton Roads Conference. . 998 
No. 2. Message of President Lincoln on 
the Hampton Roads Confer- 
ence 1013 

-Speech of Hon. Linton Stephens 1017 

-Results of the War 1022 



A COMPREHENSIVE AND POPULAR 

History of the United States. 



BOOK I.-COLONIAL HISTORY. 



CHAPTER I. 

THE DISCOVERY OF AMERICA. 
(1492— 1506.) 

The Continent unknown to Europeans until 1492 — 
The Norwegian explorations and settlements — 
Eric the Red, of Norway — Lief, the son of Eric, 
and his explorations — Settlement in Vinland — 
Christopher Columbus — Sketch of his life and 
discoveries — Prince Henry, of Portugal — John II., 
of Portugal — Henry VII., of England — Voyage 
of 1492 — Discovery of Islands supposed to be 
part of the East Indies — Colonization of San Do- 
mingo — Character of the natives of the new con- 
tinent — The Aztecs, Peruvians, and Chilians — 
Amerigo Vespucci — Origin of the name of Amer- 
ica — Death of Columbus. 

HAT vast area or portion of the 
earth's surface, now geographi- 
cally designated as the United 
States of America, extending 
from the Atlantic to the Pacific 
stretching across more than 
twenty-four degrees of North latitude 
(whereof this history is to treat), was 
entirely unknown to the enlightened 
and commercial classes of the Eastern 
Hemisphere until near the close of the 
fifteenth century. 

It is conceded, however, on well-au- 
thenticated evidence of comparatively 
recent disclosure, that some Norwegians 
2 




Ocean, 



had been cast by storms upon Iceland as 
early as A. d. 980, and had thence made 
their way to Greenland ; also that Eric 
the Red, of Norway, made a settlement 
in Greenland, a. d. 986; and that Lief a 




1 mi 

ERIC THE RED, OF NORWAY. 

son of Eric, in a. d. iooo, fitted out a 
ship from Norway with a crew of thirty- 
five men ; and, after visiting his father in 
Greenland, proceeded southward with 
his explorations : discovered Hcllulaini 

"7) 



i8 



HISTORY OF THE UNITED STATES— COLONIAL. 



Booh. I., C. I 



(Slateland), supposed to be what is now highest more modern authorities, it may 

known as Newfoundland, and advanced now be considered as historically true 

further southward as far as the coast of that the Norwegians did make their way 

the present States of Massachusetts and to this continent, and did make some 

Rhode Island. Several of these author- such explorations and settlements as 

ities assert that he entered the waters of claimed.f 

Narragansett Bay, at the head of which Their settlements and colonies, how- 

the crew landed and built houses for ever, had entirely perished long before, 

shelter during the winter, and that to and their discoveries and explorations 

this region he gave the name of Vin- were utterly unknown to men of science 

land, from the great abundance of vines and learning in Southern Europe, when 



that were there found. The same au- 
thorities maintain that this settlement 





I I Mill I 



became the nucleus of a colony, which 
was afterwards reinforced by many new 
arrivals from the mother country for 
several years ; but how long it survived 
or what was its fate is left in uncer- 
tainty. 



Columbus, the Genoese navigator, set 
out on his voyage in search of a new 
route to India in 1492 ; and, there- 
fore, the glory of the discovery of 
the Western Hemisphere, includ- 
ing North as well as South Amer- 
ica, which gave such a wonderful 
stimulus to human progress, is now 
universally awarded to this illus- 
trious benefactor of mankind 

A brief sketch of this distin- 
guished navigator and his discov- 
eries, as well as of others quickly 
following, together with the char- 
acter of the natives of the New 
World at the time, and the origin 
of the name given to the Western 
Hemisphere, thus brought to the 
general knowledge of Eastern civ- 
ilization, is not deemed inappropri- 
ate to the objects and purposes of 
the work now in hand. On these 
points let it suffice, in this connection, 
here to say that Columbus, accord- 
ing to the most reliable authorities, was 
born in Genoa, a city of Italy, in 1435 
or 1436. He was of humble parentage. 
His father was a wool-comber and 



Until within the last half century, the weaver. He received an elementary 
fact of any such explorations or settle- education in his native city, and then 



ments having been made by Northmen, 
was gravely questioned by several able 
and erudite historians.* But from the 
roft, v..]. i., 1. Hildreth, vol. i., 34, 



spent one year at the University of 
Pavia, where he studied geometry, as- 



i Vide Ridpath, and authorities cited, 54. 
and authorities cited, vol. i., 39. 



Bryant, 



DISCOVERY OF AMERICA. 



19 



stronomy, geography, and naviga- 
tion. 

At an early age, he evinced a natural 
taste and a strong desire for a seafaring 
life. In 1470 he went to Portugal, 
spending some time in Lisbon. Soon 
after he married Felipe Monis de Pales- 
trello, daughter of an Italian gentleman, 
deceased, who had been a navigator, and 
who had colonized the island of Porto 
Santo, and had been governor thereof, 
under the auspices of Prince Henry, of 
Portugal, distinguished in that age as a 
promoter of discovery. 

In this way the ardent devotee to nav- 
igation came into possession of the 
papers of his wife's father, which greatly 
increased and intensified his strong 
passion for nautical life and adventure. 

Columbus, like most of the learned 
men of Europe at that day, supposed 
that India, which was known to be in 
the East, could be reached by sailing 
due west, without doubling the Cape of 
Good Hope at the southern extremity 
of Africa. 

From observations of the earth's 
shadow on the moon during eclipses, as 
well as from other considerations, he, 
with other advanced thinkers of that 
period, had reached the conclusion that 
the earth was round. Hence he rea- 
soned that, by sailing due west, he 
would ultimately reach some land be- 
yond the Western Sea, as the Atlantic 
Ocean was then styled. 

Other facts strengthening this convic- 
tion also incited him to undertake a 
western exploration. Driftwood floating 
from the west was sometimes thrown on 
the coast of the Madeiras, and the dead 
bodies of two men of an unknown race 
had also been found upon the coast. 
The East Indies from the earliest ages 
had been a mine of wealth to the West- 



ern nations. But the overland journey 
was long and toilsome. It was attended 
with many difficulties and dangers ; and, 
at this period, it had become a favorite 
project with Europeans to discover a di- 
rect passage by sea. It was with a view 
of opening up this new route to India 
that Columbus set out on this voyage of 
exploration. 

The idea of discovering a new conti- 
nent formed no part of his enterprise. 
For aid in the prosecution of his pur- 
pose, he first made application to the 
government of Genoa, his native place. 
Failing in this, he applied to John II., 
then King of Portugal. 

This monarch seems to have trifled 
with him by detaining and entertaining 
him with hopes at his court for some 
time, while he privately fitted out an 
expedition which was intended to frus- 
trate the aims and objects of Columbus, 
and deprive him of the glory of his 
projected achievement. Upon this act 
of duplicity and deception Columbus 
lost confidence in King John and left 
Portugal in disgust. 

About this period he sent his brother 
Bartholomew to the court of Henry 
VII., King of England, but so many 
delays occurred that Columbus had ac- 
tually accomplished his great discovery, 
as we shall see, before the king gave a 
favorable answer to his application. 
While Bartholomew was awaiting the 
decision of Henry VII., Christopher 
himself, in i486, applied for aid to Isa- 
bella, Queen of Castile. 

The war which "the united kingdoms 
of Castile and Aragon, under the do- 
minion of Ferdinand and Isabella, had 
long waged against the Moors of Gren- 
ada was drawing to a close. 

Soon after its termination, he was 
invited by the queen to her presence. 



20 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c. t 



He was received with distinguished con- 
sideration, and a favorable answer was 
given to his application. The terms 
upon which Ferdinand and Isabella 
agreed to assist him were as follows : 

They, as lords of ocean seas, con- 
stituted Christopher Columbus their 
admiral, viceroy and governor-general 
of all such lands and continents as he 
should discover in the western seas, 
with the privilege of nominating three 
candidates for the selection of one by 
the crown for the government of these 
territories. He was to be vested with 
the exclusive right of jurisdiction over 
all commercial transactions within his 
admiralty. He was to be entitled to a 
tenth of all the products and profits 
within the limits of the discovery, and 
an additional eighth provided he should 
contribute an eighth part of the ex- 
penses. The main cost of the expedition 
was undertaken by them, one-eighth by 
Columbus. 

By a subsequent article, " the official 
dignities above mentioned were settled 
on him and his heirs forever, with the 
privilege of prefixing the title of Don to 
their names." This title had not then 
degenerated into a mere appellation of 
courtesy. 

A fleet of three vessels, properly 
manned and equipped, was placed under 
his command. The vessels were vic- 
tualled for twelve months, and had on 
board ninety mariners, besides several 
adventurers and servants, amounting in 
all to 1 20 persons. The names of the 
three vessels were the Santa Maria, Pinta, 
and Nina. Of these the San/a Maria was 
the largest, and in this vessel Colum- 
bus himself sailed. The Pinta was com- 
manded by Martin Alonza Pinzon, and 
the Nina by his brother, Vincent Yanez 
Pinzon. They sailed from Palos, a 



port in Spain, on the morning of Fri- 
day, the 3d of August, 1492. In three 
days they came in sight of the Canaries. 
Here they were detained several weeks 
on account of injuries received by the 
Pinta. Columbus endeavored to pro- 
cure another vessel in the place of the 
Pinta, but he was unable to do so. The 
repairs were completed after some de- 
lay, and on the 6th of September these 
three small vessels, under the command 
of their dauntless admiral, adventur- 
ously sailed from Gomera, one of the 
Canary Islands, over a trackless and un- 
known sea, in pursuit of the object of 
their enterprise. 

On the 1 6th of September, when far 
from land, as they supposed, the sailors 
were much alarmed at discovering a va- 
riation in the needle of the compass, a 
phenomenon which had not been ob- 
served before. Columbus, himself ig- 
norant of the cause, invented, with 
great tact, some plausible reason for 
this strange and singular occurrence. 
He thus calmed their alarm, and recon- 
ciled them to the continuance of their 
westward course. Their fears, however, 
of never again seeing land soon re- 
turned and overmastered them, and 
caused great discontent, which broke 
out in loud murmurs and mutinous 
threats of forcing their admiral to return. 

It was with the utmost difficulty at 
this crisis that he could retain his as- 
cendency over them. At length he 
yielded so far to their importunities as to 
promise that if no signs of land were 
seen in three days, he would return to 
the east. Before this time expired many 
signs of land began to appear. Flocks 
of strange birds were observed, the sea 
became more shallow, and pieces of float- 
ing timber were seen. On the night of 
the nth of October Columbus himself 



DISCO VER Y OF AMERICA. 



21 



saw a light moving as if borne in the 
hand of some person, which he considered 
as evidence not only of the nearness of 
land but also that the land was inhabited. 
At two o'clock on the morning of the 
1 2th a gun was fired by the Pinta, as 
a signal that land was in sight. The 
land proved to be one of the Bahama 
Islands, called by the natives Gu-an-a- 
]ia-ni, or Cat Island, to which Columbus 
gave the name of San Salvador (or 
Holy Saviour). 



gave thanks to God for his goodness. 
Meantime the natives, in quite a nude 
condition, stood around, filled with 
amazement and awe at the formidable 
appearance of these strange and wonder- 
ful men, whom they supposed " to have 
descended from the sun," little thinking 
that they would soon be their destroyers. 
Columbus, after touching at Cuba and 
Hispaniola, or Hayti, returned to Spain. 
He was received with increased honor 
and great eclat by Ferdinand and Isa- 




LANDING Or COLUMlit'S. 



The landing, which took place on the 
morning of the 1 2th of October, 1492, 
was accompanied with every demonstra- 
tion of gratitude and joy. Columbus, 
richly dressed in a scarlet uniform, and 
bearing the royal standard of Spain, was 
the first to press his foot upon the new 
earth, of which he took possession for 
and in the name of Ferdinand and Isa- 
bella, sovereigns of Aragon and Castile. 
Then kneeling, he kissed the earth, and 



bella. The report of his discoveries 
produced general and universal aston- 
ishment, and awakened a wide-spread 
feeling for similar enterprises. He him- 
self returned in 1493 with a fleet of sev- 
enteen ships and fifteen hundred men. 
On this voyage he discovered the Wind- 
ward Islands, Jamaica, Porto Rico and 
other adjacent lands. He claimed them 
all for his sovereigns. In Hispaniola he 
founded a colony, and appointed his 




rYPES OF NORTH AMERICAN INDIANS. 

(22) 



DISCOVERY OF AMERICA. 



23 



brother, Bartholomew, governor thereof. 
All these newly discovered islands he 
considered a part of India, and hence 
the name given to them was that of 
West Indies, and the Aborigines or the 
Peoples then inhabiting the islands and 
the continent have received the general 
name of Indians. Of the origin of these 
tribes and inhabitants nothing is known 
with certainty. Several curious con- 
jectures have been indulged in to show 
that they were descendants of the lost 
tribes of Israel. Other like speculations 
have been put forth to show that they 
came from a more eastern Asiatic stock. 
But how they crossed the Atlantic or the 
Pacific waters, and the period at which 
they arrived on the shores of the West- 
ern Hemisphere, are left without satis- 
factory explanation. These questions 
are all involved in the deepest obscurity. 
It is evident that for many years — cen- 
turies, perhaps, it may be — prior to the 
advent of Columbus, the whole country, 
including North as well as South 
America, had been occupied by these or 
other Peoples unknown to the Old 
World. Some of the Tribes or Nations 
in the southern part of North America 
and the northern part of South America 
had built large cities, and had attained 
to a considerable degree of civilization. 
But the type of their civilization differed 
greatly in many respects from that of 
the East. Many remarkable remains of 
ancient structures, tumuli and mounds, 
erected by them, still exist in several 
parts of the country, particularly in the 
valley of the Mississippi and the South- 
ern States — many in Ohio, Wisconsin, 
Kentucky, Mississippi, Georgia, South 
Carolina, Tennessee and Virginia. 

Whether these structures were made 
by the races inhabiting the continent at 
the period of Columbus' arrival, or by a 



pre-existing race, which was then extinct, 
as many learned authors maintain, desig- 
nating them simply as the "Mound 
Builders,"* is not pertinent to the objects 
before us. 

Dismissing further inquiry or discus- 
sion on these topics, it may be proper, as 
well as pertinent, here to say that perhaps 
the most highly civilized of all the Peo- 
ples inhabiting this continent at the time 
of its discovery by Columbus were the 
Aztecs in Mexico, the Inhabitants of 
Central America, and Peoples inhabiting 
the regions of Peru and Chili. In all 
these sections the Spaniards who visited 
them after the discovery of Columbus 
was known, found large cities well and 
strongly fortified, with many thousand 
inhabitants, with large and spacious 
palaces, and with markets regularly 
supplied with the necessaries of life, and 
with fine and elegant goods in great 
variety. Cortez, the celebrated warrior, 
who penetrated and conquered Mexico 
in 1 5 19, some time afterwards, in a letter 
to the Emperor Charles V., says, writing 
of the city of Cholula: " The inhabitants 
are better clothed than any we have hith- 
erto seen. People in easy circumstances 
wear cloaks above their dresses. These 
cloaks differ from those of Africa, for 
they have pockets, though the cut, cloth 
and fringes are the same. The environs 
of the city are very fertile and well 
cultivated. Almost all tJie fields may be 
watered, and the city is much more 
beautiful than all those in Spain, for it is 
well fortified and built on level ground. 
I can assure your highness that from 
the top of a Mosque I reckoned more 
than four hundred towers, all of Mosques. 
The number of inhabitants is so great 



* Charles C. Jones, Jr., LL. D. on "Antiquities of 
the Southern Indians." D. Appleton & Co., 1873. 



24 



HISTORY OF THE UXITED STATES— COLONIAL. 



Book I., c. 1 



that there is not an inch of ground un- a tradition that about four hundred years 



cultivated." 

The city of Mexico, which was the 
capital, exceeded Cholula in size, in 
population, and in the beauty and mag- 
nificence of its buildings. " The palace 
of Montezuma (the king) was so large a 
pile that it opened with thirty gates into 
as many different streets." The Aztecs, 
by which name the inhabitants of Mexico 
have been known in history, had made 




FERNANDO CORTEZ. 

considerable progress in the arts of civ- 
ilization. Their buildings, their paint- 
ings, and sculpture were very remark- 
able in many respects. 

But the civilization of the inhabitants 
of Peru in South America was of a 
higher and more refined character than 
that of Mexico. The People were milder 
and gentler in their manners, and their 
religion did not possess the savage feat- 
ure of offering human sacrifices to idols, 
as that of the Aztecs did. They had 



before the arrival of the Spaniards in 
the country Manco Capac, their first Inca, 
by which name their kings were called, 
a white man of wonderful knowledge, 
clothed in flowing garments, came 
amongst them from some unknown re- 
gion, and taught them agriculture and 
many useful arts ; " to construct reser- 
voirs and aqueducts ; to make ploughs, 
harrows, and shoes for their feet." His 
wife taught the women to spin, to 
weave, and to make their own 
garments. 

His descendants and successors 
pursued the same gentle policy, 
and over whatever territories their 
sway became extended, whether 
by conquest, or otherwise, they 
taught the inhabitants "to plough, 
and manure, and cultivate the 
soil." They constructed numer- 
ous aqueducts, many miles in 
length, by which almost the whole 
country of Peru was watered, and 
some relics and monuments of 
which remain unto this day. 

The tribes of Indians in that 
portion of North America now 
known as the United States were 
possessed of but little knowledge ; 
their arts were few ; their build- 
ings were rude huts called wig- 
wams, and agriculture was practised 
to a very limited extent. War and the 
chase were the favorite occupations of 
the men. All labor was performed by 
the women. They were ignorant of 
letters ; of literature they had none, and 
their traditions were few and uncertain. 
But even these Peoples dwelt not in 
unmitigated barbarism. They were 
simple in their manners, faithful to their 
word, grateful for kindness, and be- 
lieved that, when they were taken away 



DISCOVERY OF AMERICA. 



25 



by death, they would go to the happy 
hunting-grounds prepared by the Great 
Spirit. 

Columbus made his third voyage in 
the summer of 1498. On this he touched 
for the first time the continent of South 
America, and landed at several places 
on the coast of Cumana, and points 
near the mouth of the Orinoco river, 
still supposing it to be India. He re- 
mained under this delusion until the day 
of his death. The mainland of North 
America he never saw. But after all his 
great services to Spain, after adding a 
new world to the dominion of that coun- 
try, after building forts and cities and 
founding colonies in the name and for 
the benefit of his Sovereigns, a cruel 
fate, with great injustice and heavy mis- 
fortunes, befell him. The source from 
which they came intensified his morti- 
fication and suffering. Through the 
machinations of enemies he lost the 
confidence of Ferdinand and Isabella. 
He was superseded in his command, 
arrested under the charge of High Trea- 
son, and sent home in chains. When 
the officers on the ship in which he was 
conveyed to Spain wished to remove his 
fetters, he refused to allow them to do 
so, saying, " I will wear them as a me- 
mento of the gratitude of Princes." 
When this outrage became known it 
created great excitement and indignation 
throughout the kingdoms of Castile and 
Aragon. 

It was deemed a National disgrace. 
Queen Isabella soon ordered his fetters 
to be removed, and, on being summoned 
to court, he was fully exonerated from 
the high crime with which he had been 
charged. The Queen, however, not long 
after died, exacting a promise from Fer- 
dinand in behalf of Columbus, which he 
never fulfilled. Worn down with cares 



and disappointments, and with increasing 
bodily infirmities, the great and illustrious 
Navigator and Admiral departed this life 
at Valladolid, in Spain, on the 20th of 
May, 1506, in the seventy-first year of 
his age. " Death did not end his voyages. 
His remains were first deposited in the 
convent of St. Francis, were transferred 
to the Carthusian monastery of La Cue- 
vas, were taken in 1536 to St. Domingo, 
and deposited in the Cathedral of that 
city ; thence were conveyed with great 
pomp in 1796 to the Cathedral of 
Havana, where they now repose."* 

The name of the new continent so 
discovered by this renowned navigator 
was given to another and not to him. 
The following facts will explain how it 
occurred : Amerigo Vespucci, or Amer- 
icas Vespucius, a Florentine Scholar 
and Navigator, soon after the report of 
Columbus's wonderful discoveries had 
excited so much interest throughout 
Europe, set out on a new exploration and 
made much more extensive discoveries 
than Columbus had on his first and 
second voyages. He, in 1497, discov- 
ered the mainland of South America, 
several months before Columbus, and 
made extensive explorations of its east- 
ern coast and islands. On his return 
in 1499 he published an account of his 
discoveries. His delineations of the 
coast, inlets and islands were so exact in 
detail, and his descriptions so charm- 
ingly written, that they were republished 
in several of the languages of Europe 
and were used by most subsequent 
Navigators. A German Geographer 
gave to the country the name of 
Amend Terra, or the land of Americus. 
From this time the name of America 
was applied by common consent to the 
western continent. 

*Appleton*s Cyclopaedia. Art., Columbus. 




THE BRONZE DOOR IN ("HE NATIONAL CAPITOL, COMMEMORATING THB EVENTS 
OF THE LIFE OF CHRISTOPHER COLUMBI 3. 

The above is an exact representation of the figures on the door in the rotunda of the 
Capitol. This massive door of pure bronze was modeled in Rome in 1858, by Ran- 
dolph Rogers, and cast in Munich two years afterwards by Von Muller. It weighs 
20,000 lbs., and cosl sioo,ooo, and divided into eight panels, each one illustrating a 
icene in the life of Columbus. 



COLONY OF VIRGINIA. 



27 



CHAPTER II. 



SETTLEMENT 
(1607- 



OF VIRGINIA. 

-1609.) 




0)1 

6 ib 



Spanish conquests in North and South America — 
The Portuguese in Brazil — The French in North 
America — Discoveries of the Cabots, 1497 and 
1498, on which the English claims were founded 
— Unsuccessful attempts of the English to colon- 
ize — First permanent British settlement at James- 
town, 1607 — Plan of Government — Trial by jury. 

,6/T'T does not come within the scope 
and purpose of this work to set 
forth the progress of the Span- 
iards, French, Dutch, and Portu- 
guese in their conquest and 
occupation of the different portions of 
South and North America. That mat- 
ter has little to do with the history of 
the British colonies, or of the United 
States. What connection there may be 
will be noticed at the proper time. It is 
sufficient, at present, to state that the 
Spaniards extended their conquests over 
Mexico, East and West Florida, Central 
America, nearly the whole of South 
America — except the Empire of Brazil, 
which was taken possession of by the 
Portuguese. It is a notable fact that 
Brazil is the only country or state on 
the continent of America which is now 
governed by the descendants of any of 
the royal families of Europe. 

The French, at an early day after the 
discovery of Columbus, made voyages 
to the New World, and founded many 
colonies and settlements. Nova Scotia 
and all the region north of the river St. 
Lawrence, now known as British Amer- 



ica, was first occupied by them. They 
also planted the colony of Louisiana, 
and built the city of New Orleans, near 
the mouth of the Mississippi river. 
From the conflicting claims of Great 
Britain and France to vast tracts of 
territory, the colonists of both countries 
frequently suffered greatly — not only 
from wars between their Sovereigns, but 
also from wars with the neighboring 
Indian tribes. 

The claim of Great Britain to establish 
colonies in North America, to the exclu- 
sion of others, was founded upon the 
right of priority of discovery, which by 
the general consent of Nations is regarded 
as good and valid. In the year 1497, 
John Cabot, a Venetian in the service of 
Henry VII., King of England, accom- 
panied by his son Sebastian, discovered 
the mainland of North America, fourteen 
months before Columbus landed on the 
mainland of South America. In the 
year 1498, Sebastian Cabot returned and 
explored the coast-line, from Labrador 
to the Chesapeake, and proceeded, as 
some maintain, as far south as the 
vicinity of Cape Hatteras. This coun- 
try he claimed as belonging to Great 
Britain, by virtue of his discoveries 
made under the royal flag of the 
empire. 

The first attempts of the English to 
establish colonies in North America 
failed. In the spring of the year 1578, 
an expedition, consisting of fifteen ves- 
sels, under Martin Frobisher, was fitted 
out for Labrador, to which enterprises 
Queen Elizabeth contributed. 

The object of this expedition was to 
work the mines of gold which were 
supposed to abound in that region. 
The colony consisted of about one hun- 
dred settlers ; but they were afraid to 
be left in that dreary region, and so 



28 



iIISTORY OF THE UNITED STATES— COLONIAL. 



l,c. 2 



returned, without even an effort to make Gilbert sailed, under this patent, the 

a permanent settlement. The inten- next year for North America ; but was 

tion, however, and efforts to colonize compelled to return without accom- 

the country at some point were not plishing his purpose. 



abandoned. In the same year (1578) 
of Frobisher's enterprise, a charter, or 



A new expedition was fitted out in 
June, 1583, by Gilbert and his half- 




MARTIN FROMSHER. 



patent, was granted by Queen Elizabeth 
to Sir Humphrey Gilbert, empowering 
him to take possession of, occupy, and 
colonize extensive regions of country 
in the northern portions of the new 
continent. 



brother, Sir Walter Raleigh, under the 
same charter. This expedition consisted 
of five ships, and two hundred and sixty- 
nine men who went out as colonists: 
some, mechanics; some, miners and re- 
finers. Sir Walter fitted out one of 



COLONY OF VIRGINIA. 



?9 



these ships at his own expense.* This 
time they went through the ceremony 
of taking possession in the queen's 
name of the Island of Newfoundland. 
Thence they soon sailed southward in 
search of a climate and country more 
favorable to the main objects of their 
expedition. Divers mishaps and mis- 
fortunes attended this attempt at colon- 
ization, which need not here be recounted. 
Suffice it to say, that the whole enter- 
prise was abandoned, and Gilbert and 
Raleigh resolved to return to England. 

On the homeward voyage, the ship 
which bore Sir Humphrey was wrecked, 
and he was drowned. 

Raleigh, not discouraged by the un- 
fortunate termination of the former ex- 
peditions, and the sad fate of Gilbert, 
determined on planting a colony further 
south. He obtained, in March, 1584, a 
grant or charter for colonizing all the 
country between the parallels of 33 and 
45 , north latitude, on the coast of 
North America. In honor of Elizabeth, 
the virgin queen — in whose reign the 
charter was granted — and on account of 
the rare beauty of the lands embraced 
in it, the name of Virginia was given to 
the whole country covered by the patent. 
Some settlements were made by Raleigh, 
under this extensive grant, on the Roa- 
noke Island, in North Carolina, in 
1 585—1 587, but they were subsequently 
abandoned.f In 1602, Bartholomew Gos- 
nold, a man of great energy and enterprise 
—besides others — made extensive ex- 
plorations of the coast of New England, 
with the intention of making permanent 
settlements; but without success. Not- 



* Bryant, vol. i., 236. 

f For an interesting account of these colonies, and 
the sad fate of the last one, see Moore's Hist, of N. 
C, vol. i. ; Bryant, vol. i., 252 ; Bancroft, vol. i., 107, 
et post settlement of North Carolina. 



withstanding the failure of these efforts 
to colonize, the spirit of adventure was 
kept alive; and the claim of the English, 
founded upon the discovery of the 
Cabots, was not abandoned. It was, 
however, one hundred and fifteen years 
after the landing of Columbus at San 
Salvador — and one hundred and ten 
years after the assertion of England's 
claim, founded upon the discovery of 
Cabot — that the English succeeded in 
making their first permanent settlement 
on this continent. This was effected 
under the following circumstances and 
auspices : 

In 1606, James I., who had succeeded 
Elizabeth to the throne, divided the 
country, embraced in the Gilbert and 
Raleigh charter, into two districts. The 
northern district he granted, by a new 
charter, to a company organized in 
England, known as the Plymouth Com- 
pany. The country comprised in this 
district was called North Virginia. The 
southern district was granted to another 
company organized in England, known 
as the London Company. This district 
was known as South Virginia. South 
Virginia extended from Cape Fear to the 
Potomac ; North Virginia from the mouth 
of the Hudson river to Newfoundland. 
The region between the Potomac and 
the Hudson rivers was to be neutral 
ground, on which the companies were 
at liberty to form colonies within fifty 
miles of their respective boundaries. 
By the London Company, so organized, 
the first English colony was firmly es- 
tablished on the continent, in the year 
1607, at Jamestown, on the river James, 
in the present State of Virginia. The 
river and settlement were so named, in 
honor of the monarch under whose 
auspices it was founded. 

The number of settlers consisted at 



30 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c. 



first of one hundred and five persons. 
But few of them were laborers, and most 
of them were single or unmarried men ; 
no females were among the number. 
The colony was brought out in a fleet 
of three vessels, under command of 
Captain Christopher Newport, a dis- 
tinguished navigator. They sailed on 
the 19th of December, 1606; but, from 
delays in the West Indies, it was late in 
April, 1607, before they reached the 
point of their destination. The colony 
took the general name of Virginia. The 
plan or form of government was set forth 
in the charter. The officers consisted of 
seven members of council, viz. : Bartholo- 
mew Gosnold, the navigator before re- 
ferred to; John Smith, Edward Wing- 
field, Christopher Newport, John Rat- 
cliff, John Martin and George Kendall. 
Wingfield was chosen President or Gov- 
ernor. The season after their arrival 
proved very sickly, and nearly half of 
their number died before the cool 
weather set in. Among the victims was 
Bartholomew Gosnold, one of the ablest 
men of the council, and one of the ablest 
men of that age, or of any age. No one 
had more to do than he in securing the 
terms and principles upon which the 
London Company was organized. His 
death was a great loss to the infant colony, 
and was deeply lamented by his asso- 
ciates, as it was by the company in the 
mother country. The native people, 
called Indians, as before stated, were 
numerous in the neighborhood, and 
were sometimes hostile. Captain New- 
port, after a short stay, sailed for Eng- 
land, leaving the colony in a very re- 
duced and enfeebled condition. Provi- 
sions were scarce, the water was bad, 
and many of the men were sick. To 
add to their misfortunes, they quarrelled 
among themselves. They excluded Cap- 



tain Smith from the council, deposed 
Wingfield, the President, and put Rat- 
cliffe in his place. Their condition rapidly 
grew worse, until they gave the manage- 
ment of their affairs to Captain Smith 
whose great skill, capacity and courage, 
soon restored harmony, brought order 
out of chaos, and laid the foundation of 
a permanent prosperity. 

The government of the settlers, with 
the right to pass all laws, was vested in 
the members of the council, who were 
appointed by the stockholders of the 
London Company ; the Governor, or 
President, was also, according to the 
Charter, appointed by the stockholders. 

Changes in these particulars soon fol- 
lowed, as we shall see. 

The religion of the Church of Eng- 
land was established as the religion of 
the colony. There was no restriction on 
trade ; lands descended according to the 
common law, and permission to coin 
money was granted to the colony. The 
inestimable right of trial by jury was 
secured to all persons charged with mur- 
der, or other crimes which were punish- 
able with death. That was a great prin- 
ciple in this first charter of Virginia; it 
was a grand step forward ; in time trial 
by jury, in civil cases, logically followed. 
Trial by jury is, indeed, the surest bul- 
wark of popular liberty; the staunchest 
safeguard of civil rights; the great con- 
servator of the peace of society, and the 
firmest basis of stable, permanent gov- 
ernment. Blackstone made it the ground 
of his faith, when he predicted in these 
words immortality for the British con- 
stitution : " Greece fell, Rome fell, Venice 
fell ; the Republics of modern times, that 
hovered around classic Italy, fell; but 
England will endure; for trial by jury 
will make the liberties of Englishmen 
eternal." 



COLONY OF VIRGINIA. 



3* 



CHAPTER III. 



Virginia. — Continued. 
(1609-1021.) 

Captain John Smith — His romantic adventures — 
Military services with .the Dutch and Austrian.-, — 
Taken captive and sold as a slave — Escapes — One 
of the council at Jamestown — Life saved by Poca- 
hontas — Smith's exploration of the Potomac and 
Chesapeake in 1607-160S — Return to England — 
Survey of New England — Jamestown colony re- 
duced to great extremity — Saved by the arrival of 
Lord Delaware in 1609 — Argall's tyranny — George 
Yeardley supplants him as governor — Marriage of 




CAPT. JOHN SMITH. 

Pocahontas to Rolfe — Tobacco — Staple of the col- 
ony — Origin of its name — New and liberal features 
added to the charter — House of Burgesses estab- 
lished, 19th of June, 1619 — Birthday of American 
Free Institutions — Arrival of female colonists — In- 
creased prosperity. 



NE of the most prominent actors 
in the early history of the colony 
of Jamestown was Captain John 
Smith, who was one of the seven 
members of the original council. 




This very remarkable man was born in 
Lincolnshire, England, in 1579. A short 
sketch of his eventful and romantic life 
is deemed quite pertinent and appropri- 
ate in this connection. 'He was a born 
adventurer. In youth he was appren- 
ticed to a merchant, but, not liking the 
business, or, indeed, any regular habits 
of life, ran away from his master and 
went to Holland, where he enlisted as a 
soldier, and remained in the military ser- 
vice of the Netherlands four years. He 
then went to Austria, which 
country was at the time en- 
gaged in war with the Turks. 
He joined the Austrian army, 
and soon became distinguished 
for his personal prowess, valor, 
and military skill. He was re- 
warded for his services by a 
patent of nobility, conferred 
upon him by the Duke of Tran- 
sylvania. After many singular 
adventures, he was taken pris- 
oner by the Turks and sold 
as a slave. He secured the 
favor of his mistress, and she — 
intending to do him a kind- 
ness — sent him to her brother, 
an officer in the Crimea, which 
was then a part of the Turkish 
empire. Contrary to her ex- 
pectations, her brother treated 
Smith with great cruelty, but 
he maintained an unbroken spirit, and 
determined to make his escape whenever 
a favorable opportunity should present 
itself. He was employed in threshing 
grain, about three miles from the dwell- 
ing of his master, and one day when the 
master came, as usual, to oversee him at 
his labor, Smith killed him with the flail 
used in threshing, hid the dead body, 
and made his escape on his master's 
horse. 



32 



HISTORY OF THE U.XITED STATES— COLONIAL. 



hooK I., c. 3 



On his way back to England he passed became tranquil he determined to set 
through Russia, Poland, Germany, out on a voyage of discover)'. With a 



France and Spain. He reached Eng- 
land just in time to join the companies 
which were then forming for settlement 
in America. He became attached to the 
expedition under the command of New- 
port, and was made one of the Council. 



party of men he went up the Chicka- 
hominy river, a branch of the James. 
They were attacked by the Indians 
about thirty miles above the juncture of 
the two rivers. His companions were 
slain and he was made prisoner. He 



-. - ! It, 




BUILDINO THE FIRST HOUSE IN JAMESTOWN. 



Soon after the affairs of the colony 
were committed into his hands — as men- 
tioned in the last chapter— he made 
treaties with the Indians, kept them quiet 
for a time, and calmed the fears of the 
settlers. 

Following the instructions of the Lon- 
don Company, as soon as the colony 



was shrewd enough to overawe his sav- 
age captors by inducing them to believe 
that he was a magician, or one possessed 
of supernatural power. This was done 
by an exhibition of his pocket-compass, 
and by obtaining permission to corre- 
spond with his friends at Jamestown by 
writinc. 



COLONY OF VIRGINIA. 



33 



How ideas could be thus interchanged 
between people so far separated seemed 
to the savages miraculous. His life was 
spared, but he was kept a close prisoner 
and carried bound to Powhatan, the king. 
After consultation with the principal 
chiefs, and due deliberation, it was deter- 
mined by this high authority appealed to, 
that the prisoner should die. His head 
was laid upon a block of stone and a 
huge club was raised by the strong 
arms of Powhatan himself, to strike the 
fatal blow. But the blow was not struck, 




POCAHONTAS SAVING CAPT. SMITH. 

and the prisoner's life was saved. Poca- 
hontas, the daughter of Powhatan, a 
beautiful girl of about twelve years, 
had been all this time a silent specta- 
tor of the scene. When she saw the up- 
raised club about to descend upon the 
victim's head, she sprang forward, threw 
herself upon his breast, and with eyes 
streaming with tears, begged his life 
of her father. Moved by her entreaty, 
he hesitated, then glancing around, 
saw in the faces of the chiefs present 



that they were also deeply affected. 
The club fell from his hands. He 
took his weeping daughter in his arms, 
and spared the prisoner's life.* The 
next day Captain Smith was conducted 
to Jamestown in safety, after having 
been a prisoner about seven weeks. 
Before his return to Jamestown he made 
a treaty with Powhatan, the Indian king, 
agreeing to be at peace with the English, 
and always to regard Captain Smith as 
his son. But soon afterwards he again 
became angry with the whites, and made 
a plot by which he 
hoped to be able to de- 
stroy them all at one 
blow. The colony was 
saved by Pocahontas. 
The night before the 
time set for the execu- 
tion of the plot was 
dark and cloudy. Not- 
withstanding the storm 
and darkness, this de- 
voted girl proceeded to 
Jamestown, revealed 
the plot to Captain 
Smith, and returned to 
her own home the same 
night. The colony 
was saved, and, through 
the influence of Smith, 
peace was once more 
restored. In 1608 Captain Smith set 
out upon an exploring expedition in 
two open boats and a few hands, 
and went up the Potomac as high 
as the falls of Georgetown ; also the 
Chesapeake bay up to the Susquehanna 
river, and is supposed to have entered 



*This highly romantic story has been gravely 
questioned by some of the later historians; but it is 
founded upon Smith's own narrative. — Bryant, vol. 
i., 282, et seq. Johnson's Univ. Cyc. E contra, I 
Ban., 131, et seq. 



34 



HISTORY 01- THE UXITED STATES— COLOXIAL. 



Book I., c. 3 



what is now the harbor of Baltimore. 
This was the first English exploration 
of what is now known as Maryland. He 
made very accurate maps of the coast 
and waters explored by him, which he 
sent home, and which was of great use 
afterwards to the London Company.* 
In the year 1609 a great calamity, as 
inopportune as unexpected, befell the 
colony. Captain Smith was seriously 
wounded, accidentally, and for proper 
treatment of his wounds compelled to 
return to England. He never revisited 
Jamestown, but in the year 1614 sailed 
from England for the coasts of Virginia. 
He had a prosperous voyage ; explored 
the coast and made a map of it from 
the Penobscot river to Cape Cod. This 
map he presented to the king's son, 
Charles (who became Charles I., of Eng- 
land), and who gave to the country the 
name of New England, though it lay 
within the limits of the Plymouth grant, 
designated as North Virginia. It has 
been called New England ever since. 
Captain Smith died in the year 1631, in 
London, at the age of fifty-two. To- 
wards the close of the year 1608, two 
hundred immigrants came over to James- 
town, which increased the population of 
the settlement to about five hundred in 
all at the time of Smith's departure. But 
in less than six months after he left they 
were reduced by death or otherwise to 
about sixty in number. The Indians, no 
longer restrained by the presence of 
Smith, became hostile. They attacked 
the outlying settlements and compelled 
the colonists to flee to Jamestown. Pro- 
visions now became scarce, and great 
suffering ensued. 

Many, it is said, died from want of 
food. In their extremity it was deter- 
mined to abandon the settlement. At 

* Bancroft, vol. i., pp. 133-34. 



this juncture a vessel with crew and pas- 
sengers, who had wintered in the West 
Indies, arrived at Jamestown. Their 
whole number now amounted to about 
two hundred. The intention to abandon 
the settlement was not given up, and the 
colonists were actually embarking for 
return to the mother country when the 
opportune arrival of Lord Delaware with 
a supply of provisions and immigrants 
changed the aspect of affairs. The col- 
onists changed their minds under persua- 
sion of Lord Delaware and determined 
to remain. Affairs grew brighter at once 
under Lord Delaware's wise administra- 
tion. The Indians ceased to be trouble- 
some ; disorder was repressed ; industry 
was encouraged, and the health of the 
colony improved. But Lord Delaware's 
own health failed in a short time, and it 
became necessary for him to return to 
England. He was succeeded as Gov- 
ernor by Sir Thomas Dale. In Septem- 
ber, 161 1, Sir Thomas Gates, who had 
been appointed governor to succeed Sir 
Thomas Dale, arrived with six ships and 
three hundred immigrants, and large 
stores of provisions. The population 
had now increased to about seven hun- 
dred, and the colony was enabled to send 
detachments up the river, when Henrico 
and other new settlements were made. 

Sir Thomas Gates also brought over 
a number of cows, goats and swine, now 
for the first time introduced into the New 
World. In the year 1613 Pocahontas, 
although she had been a good friend of 
the colony, was stolen by a party of 
white men, led by Captain Argall. A 
large sum was demanded for her ransom. 
Powhatan refused to pay the sum de- 
manded, and war was about to ensue, 
when a young Englishman named Rolfe 
fell in love with Pocahontas and proposed 
to marry her. Her father consented. 



COLONY OF VIRGINIA. 



35 



She became a convert to the Christian 
religion, and was baptized according to 
the regular forms of the Episcopal 
Church. Soon after Rolfe and Poca- 
hontas were married under the rites of 
the same church. In the year 1616 they 
went to England, where Pocahontas at- 
tracted a great deal of attention. She 
died in that country at the age of twenty- 
two, a short time before her intended 
return to her native land. She left one 
son named Thomas. From this union 




POCAHONTAS. 

of Rolfe and Pocahontas descended some 
of the most illustrious families in the 
annals of Virginia. 

Tobacco,* the Indian name of a plant 



*The name "Tobacco" has been differently de- 
rived by different authors. Its origin is by no means 
fixed or certain. Some suppose it to be derived from 
the Indian word Tobacas, the name given by the 
Caribs to the pipe in which they smoked the plant. 
Others derive it from Tabasco, a province of Mexico, 
in which it is grown. These speculations seem to 
be without reasonable foundation. It is much more 
likely that the pipe was named from the plant smoked 
in it than that the plant was named from the pipe. 
The plant preceded the pipe. So of the other con- 
jecture. The most probable origin of the word is 



which was unknown to Europeans until 
Columbus met with its use amongst the 
natives of Cuba, was first cultivated by 
the colonists in Virginia in the year 1614. 
Its use was violently opposed by King 
James, who wrote and published a book 
against it ; but, notwithstanding the royal 
opposition, it soon became, and still con- 
tinues, a regular article of commerce 
throughout the world. The name of the 
plant, according to the best authority, 
was given to it from the name of the 
island Tobago, one of the West Indies, 
where its use first came to the knowledge 
of Europeans. 

In 1614 Sir Thomas Gates was suc- 
ceeded as governor by Sir Thomas Dale, 
who continued in office until 1616, when 
he returned to England, and was suc- 
ceeded by George Yeardlcy. Yeardley's 
term of office continued only about one 
year. His successor was Captain Argall, 
said to have been a cruel, avaricious and 
tyrannical man. His rule, which con- 
tinued for three years, was, according to 
the writers of that day, exceedingly arbi- 
trary and oppressive. He proclaimed 
martial law in time of peace, and enforced 
his laws and edicts with relentless sever- 
ity, even to death by bodily torture. 

The rigor of his administration ex- 
cited much discontent, and at length the 
complaints of the colonists making their 
way to the company, George Yeardley 



Tobago, one of the West India islands, on which the 
Spaniards first became acquainted with its use. On 
the discovery of America it was indigenous on both 
continents and the neighboring islands. The name 
of its narcotic principle, nicotine, is derived, as is 
generally admitted, from Jean Nicot, a French am- 
bassador to Portugal, who in 1560 brought some 
tobacco from Lisbon to Paris. It was most probably 
introduced into England by Sir Walter Raleigh from 
his Roanoke colony, about 1585-1587. It is as- 
serted with some positiveness that he introduced its 
use into court circles there, from which it rapidly 
spread throughout the realm. 



36 



HISTORY OF THE UXI'lED STATES— COLONIAL. 



Book I 



was appointed captain-general, with 
instructions to examine into the wrongs 
complained of and redress them. 

Yeardley arrived at Jamestown in 
April, 1619, and immediately abolished 
the odious edicts of Argall and removed 
the burdens upon the people imposed by 
him. By order of the company the 
power of the governor was limited by a 
veto of the council, and the people were 
permitted to have a voice in the adminis- 
tration of public affairs by the institution 
of a colonial Representative Assembly. 

This Representative Assembly, elected 
under regulations prescribed by Sir 
George Yeardley, the captain-general, 
was convened by him on the 19th of 
June, 1619, at Jamestown. This was 
done without authority of the company, 
but subsequently received their sanction 
and ratification. 

This was the first legislative body ever 
assembled in this country in which the 
people by deputies enacted laws for their 
own government, and the time of its 
meeting may be considered the birthday 
of American free institutions. It was the 
parent of the House of Burgesses, and a 
new and vital impulse .vas imparted to 
the progress and prosperity of the colony. 

In the year 1620 ninety females were 
sent over to the colony ; in the following 
year sixty more; and they being women 
of irreproachable character, were soon 
married to the farmers. Their domestic 
and home ties becoming thus fixed in 
the New World, the thought of returning 
home to England gradually passed from 
their minds. The permanence and pros- 
perity of the colony were thus so far 
insured. One hundred convicts were, 
also, sent as laborers to the colony, in 
accordance with the policy about this 
time adopted by the English government 
of sending criminals to the colonies as a 



punishment. Many of these convicts, 
removed from their usual haunts of vice 
and dissipation, became useful citizens. 
Some time anterior to this period the 
Spaniards and Portuguese had bought 
from the chiefs on the coast of Africa 
negro captives, and had carried them to 
other parts of the world, especially to 
South America and the West Indies, and 
had sold them as slaves. This traffic 
they had continued without intermission, 
and in the year 1620 a Dutch vessel 
brought to Jamestown twenty of these 
unfortunate beings and sold them to the 
colonists of Virginia. This was the in- 
troduction of African slaver}- in the Brit- 
ish American colonies, which has been 
the source of so much subsequent trou- 
ble, as we shall see. By the close of the 
year 1620 the population of the colony 
amounted to nearly two thousand. 

Upon the subject of the introduction 
of African slavery in Virginia, and after- 
wards in all the other British colonies, 
out of which so much trouble and strife 
subsequently arose, it is quite proper 
here to state that a majority of the col- 
onists at Jamestown were very much 
opposed to this introduction in their 
O immunity of these supposed descendants 
of Ham as " bondsmen and bondswomen " 
for life. Their opposition arose, how ever, 
perhaps more from considerations look- 
ing to the best interests and future wel- 
fare of the colony, in its progress in 
moral and material development, than 
from any feelings of humanity towards 
the unfortunate victims of this species of 
commerce. The African slave trade 
was at that time not only tolerated by 
all civilized nations, but actively engaged 
in for profit by many of the most dis- 
tinguished Christian monarchs. God 
often moves in a mysterious way his 
grand purposes to fulfil. 






COLONY OF NEW YORK. 



37 



CHAPTER IV. 

SETTLEMENT OF NEW YORK BY THE 

DUTCH. 

(1609 — 1664.) 




Henry Hudson, an Englishman in the Dutch 
service, discovered the Island of Manhattan, in 1609 
— Forts and trading-houses built by the Dutch on 
Manhattan Island and at Albany — The settlement 
on Manhattan Island called New Amsterdam — 
General name of New Netherlands given to the 
Dutch possessions — The English assert their rights, 
in 1613 — Captain Argall — The Dutch re-establish 
their authority in 1614 — The Dutch West India 
Company organized, 1623 — First permanent settle- 
ment under their auspices — The Wal- 
loons — Huguenots — Cornelius May — 
First Dutch white child, Sarah D. Rap- 
elge — Minuits, first governor of the 
province — The laws — Patroons — Dis- 
position of lands — Van Twiller, gov- 
ernor — A description of him by Wash- 
ington Irving — Kaieft, governor — His 
massacre of the Indians at Hoboken — 
An Indian war that threatened the ex- 
istenceof the colony — Kaieft recalled, 
and drowned at sea by shipwreck on 
return home — Peter Stuyvesant succeeds 
him as governor — His character — Grow- 
ing spirit of popular liberty — Contro- 
versy between the governor and the 
people — Acquisition of New Nether- 
lands by the English — The name of 
New Netherlands changed to New 
York — Peter Stuyvesant becomes a cit- 
izen of New York — His residence and 
death — His remains — The pear-tree he 
planted in 1647 bore fruit for upwards 
of 200 years — The fate of Hudson. 

(II HAT territory now embraced with- 
in the limits of what is known 
as the State of New York, and 
which bears the appellation of 
the " Empire State of the Federal 



Union," with the motto of " Excelsior," 
was first colonized by the Dutch. The 
following brief statement of facts, setting 
forth the early history of this colony, 
with its progress and growth, is compiled 
from what is deemed authentic sources, 
and believed to be essentially correct. * 

Sir Henry Hudson, a distinguished 
English navigator, of whose early life 
little is known, was in 1607 sent out by 
a company of London merchants, to 
seek a North-^.?/ passage to India, which 
they thought might possibly be feasible, 
as all attempts to effect a North-ze/^s/ 
passage had failed of success. They 
determined at least to make an attempt 
to achieve this great and desirable object 
by an exploration of the Polar seas north 
of the continent of Europe. Hudson 




HENRY in s 




proceeded as far north and northeast as 
the Islands of Nova Zembla, in longitude 
5 2° E., and latitude 71 ° N. Here he 



* See McCabe, Ridpath, Appleton's, and Johnson's 
Cyclopaedias. 



33 



HISTORY OF THE UNITED STATES— COLONIAL. 



Rook I., c. 4 



was so blocked up by ice that he could 
proceed no farther, and was compelled to 
return with a report of a failure of his 
enterprise. His employers were not in- 
clined to spend more money in renewal 
of their efforts on that line. Hudson 
then went over to Holland and made 
proposals to men of capital in that 
country, to aid him in fitting him out for 
another voyage in search of a north- 
eastern passage to India. He had, him- 
self, not abandoned the idea that it could 
be accomplished. His appeal was lis- 
tened to by the Dutch East India Com- 
pany, who put him in command of a 
vessel of ninety tons, bearing the name 
of " Half-Moon," with a crew specially 
selected for the service. With this vessel, 
Hudson set sail in 1609, from Am- 
sterdam, and pursued the general course 
of his former voyage ; but upon reaching 
the Spitzbergen Island, "situated midway 
between Greenland and Nova Zembla in 
latitude 8o° 48' N., Lon. 20 29' E., 
and the northernmost known land on 
the globe," he was again met with an 
impassable barrier of ice, and had to 
abandon farther search in that direction, 
and turning his course, he sailed west- 
ward and southwestward, passing the 
coast of Greenland, New Foundland, and 
the eastern coast of what is now known 
as the United States, and proceeded 
southwestward, as some maintain, as far 
down as the harbor of Charleston, 
South Carolina, vainly hoping to dis- 
cover some opening through which he 
could find a northwest passage to India. 
Being, so far, baffled, he again re- 
versed his course and proceeding north- 
ward on the 3d of September, 1609, dis- 
covered what is now known as Dela- 
ware bay; and proceeding on, he en- 
tered the waters of Sandy Hook, and on 
the 1 ith of September ascended the out- 



let of that great river, Hudson, which 
now bears his name. Sailing up this 
bold volume of water he came to anchor 
at Yonkers. From information of the 
natives who visited his ship, he now formed 
the opinion that he had at last found 
a stream which flowed from the Western 
Ocean to the Atlantic ; and that by 
pushing his course onward as he was 
going, he would ultimately accomplish 
the grand object of finding a passage to 
India — if not a northeast passage at least 
a northwest one; but on reaching the 
mouth of the Mohawk he became satis- 
fied that he was mistaken, that the river 
he was upon flowed from the interior of 
a vast fertile country unknown to Eu' 
ropeans. He congratulated himself, how- 
ever, upon the reflection that he had made 
a discovery almost as great and valuable 
to his employers as if he had found a 
passage to the Eastern Continent. With 
elation he returned to the harbor at the 
mouth of the Hudson river, and took 
possession of the entire country in the 
name of Holland, and then set sail for 
Amsterdam. On his return voyage, he 
put into the port of Dartmouth, in Eng- 
land, where he made known his im- 
portant discoveries in behalf of the Neth- 
erlands. King James I. hearing of this 
forbade Hudson leaving England, but 
the " Half-Moon," his ship, after a short 
detention was released, and permitted to 
return home under another commander. 
The East India Company, who had fitted 
out the vessel, felt more than compen- 
sated for their investment, and placed a 
high estimate upon the discoveries made 
under their auspices. By virtue of them 
the Dutch government laid claim to the 
whole country. The great river they 
named Mauritius, in honor of the stadt- 
holder of Holland. Many private par- 
ties soon embarked in various enter- 



COLONY OF NEW YORK. 



39 



prises of trade in the new country. The 
profits from the fur trade were what was 
chiefly looked to first. Among these 
adventurers employed in this trade was 
Adrian Block, noted as one of the bold- 
est navigators of his time. He with his 
crew built some log huts on Manhattan 
Island in 1610, and afterwards a fort was 



New Amsterdam. The States-General 
of Holland asserted their claims to all 
this country, and granted to what was 
known as the Dutch East India Com- 
pany a monopoly of the trade from Cape 
May to Nova Scotia. To all this terri- 
tory they gave the name of New Nether- 
lands. The assertion of this right and 




THE FIRST SETTLEMENT OF NEW YORK. 



erected there which became a trading- 
post with the natives. Not long after a 
trading-house and fort were erected 
named Fort Orange, on the site and 
near the place where the city of Albany 
now stands. 

To the settlement established on Man- 
hattan Island they gave the name of 



jurisdiction on their part gave rise to 
serious complications with England. 
The latter power claimed all that region 
as part of North Virginia; this claim 
was founded both upon the general 
ground of the discover}' by the Cabots, 
and that Hudson himself was an English- 
man; therefore, in 1613, the English 



4o 



HISTORY OF THE UXITED STATES— COLOXIAL. 



Boor I., c. 4 



government sent Captain Argall from ' 
Virginia to dispossess all intruders on 
the coast. Captain Argall in this expe- 
dition not only took possession of New 
Amsterdam, whose traders promised to 
pay tribute, but he also took possession 
of all the French settlements in Acadia, 
as Nova Scotia was then called. But 
the Dutch recovered New Netherlands 
in 1614, and held undisputed sway over 
it for fifty years. In 1623 the Dutch West 
India Company was organized, and made 
the first attempt at permanent coloniza- 
tion ; this was by a band of Protestants in 
religion and known as " Walloons ; " they 
were originally from Flanders in Bel- 
gium, who had some years before fled to 
Amsterdam for protection against re- 
ligious persecution. They were Hu- 
guenots. Cornelius May was the leader 
of the company. This colony of "Wal- 
loons " at first consisted of 1 10 persons. 
They made their first settlement around 
the old fort or trading-post on Man- 
hattan Island, continuing to it the name 
of New Amsterdam. Some of them after- 
wards established themselves on Long 
Island, about where Brooklyn navy yard 
now stands, and there, it is related in 
some histories, that the first white child 
was born in the province of New Nether- 
lands. Her name was Sarah D. Rapelge. 
In 1626 the West India Company sent 
out to New Amsterdam the first governor 
of the province. Peter Minuits was his 
name. The colony was governed ex- 
clusively by laws and regulations pre- 
scribed by the West India Company. 

According to these laws or regula- 
tions, the colonists were to obey the 
orders of the governor; he was to pun- 
ish at his discretion all minor offences, 
but all persons charged with crimes in- 
volving capital punishment were to be 
sent to Holland for trial. Governor 



Minuits soon made treaties with the 
Indian chiefs, establishing peace and 
harmony between the red men and the 
new colonists. He obtained accession 
from them of the entire Island of Man- 
hattan, for presents estimated at about 
twenty dollars in Dutch coin. Liberal 
inducements were made to settlers com- 
ing from the mother country or else- 
where. Each immigrant was entitled to 
as much land as he could clear and cul- 
tivate. Whoever should bring fifty per- 
sons to settle anywhere within the limits 
of the province outside of Manhattan 
Island was to be styled " Patroon," or 
" lord of the manor; " and was to have 
the right to purchase and hold in fee- 
simple a tract of land sixteen miles in 
length by eight in width. This added 
greatly to the dignity of landed proprie- 
tors. Many persons of wealth availed 
themselves of this privilege, and at an 
earl}- period purchased from the Indians 
the best lands and the most valuable 
trading-places in the province. Under 
this system laborers without capital ne- 
cessarily became tenants of the " Pa- 
troons." These " lords of the manor," 
as they were called, were required ac- 
cording to rules and regulations to pro- 
vide a schoolmaster and minister for 
their tenants, but the company had made 
no provision or mode for enforcing this 
duty on their part. Rights without se- 
curities are but little better than mock- 
eries. The company, however, who was 
so negligent in the matter of ministers 
and schoolmasters, was always ready to 
furnish the " Patroons " with African 
slaves if they were willing to take them. 
Under the administration of Governor 
Minuits, the colony of New Netherlands 
flourished rapidly. Life and energy 
were given to every department of in- 
dustry. New Amsterdam, in her infancy, 



COLONY OF NEW YORK. 



4r 



entered upon that high career of com- 
mercial prosperity which now makes her 
successor, the city of New York, the 
emporium of the commerce of the con- 
tinent. Minuits was succeeded as gov- 
ernor in 1632 by Wouter Van Twiller, 
who at the time of his appointment was 
a clerk in the company's service at Am- 
sterdam, and who, it is said, received this 
high promotion because of his connection 
with Killian Van Ransalaer. Van Twiller 
had married the niece of this distinguished 
Patroon. The new notable governor must 
have been of very extraordinary personal 
appearance as well as general character. 
He is thus sketched by the graphic and 
humorous but rarely unkind pen of Wash- 
ington Irving: " He was exactly five feet 
six inches in height, and six feet five inches 
in circumference ; his head was a perfect 
sphere, and of such stupendous dimen- 
sions that Dame Nature, with all her 
sex's ingenuity, would have been puzzled 
to construct a- neck capable of support- 
ing it ; wherefore, she wisely declined the 
attempt, and settled it firmly on the top 
of his backbone, just between his shoul- 
ders. His body was oblong, and par- 
ticularly capacious at bottom, which was 
wisely ordered by Providence ; seeing 
that he was a man of sedentary habits, 
and very averse to the idle labor of 
walking. His legs were very short, but 
sturdy in proportion to the weight they 
had to sustain, so that when erect he had 
not a little the appearance of a beer bar- 
rel on skids. His face, that infallible 
index of the mind, presented a vast ex- 
panse, unfurrowed by any of those lines 
and angles which disfigure the human 
countenance with what is termed expres- 
sion. Two grey eyes twinkled feebly in 
the midst, like two stars of lesser magni- 
tude in a hazy firmament; and his full- 
fed cheeks, which seemed to have taken 



toll of everything that went into his 
mouth, were curiously mottled and 
streaked with a dusky red like a Spitzen- 
berg apple. His habits were as regular 
as his person. He daily took his four 
stated meals, appropriating exactly one 
hour to each ; he smoked and doubted 
eight hours, and he slept the remaining 
twelve of the four and twenty." This 
singular personage held the reins of 
government over the colony seven 
years, and strange to say, under such a 
ruler it continued to grow and prosper. 
He was, however, removed and suc- 
ceeded in 1638 by William Kaieft, a 
man of superior ability to Twiller, but of 
less honesty and integrity. The most 
lasting memorial of Van Twiller's admin- 
istration was the " Isle of Nuts " in New 
York harbor, which he purchased while 
governor, and which still bears the name 
of Governor's Island. Kaieft soon got 
in trouble with the Indians, from which 
war was threatened and seemed to be 
inevitable ; to prevent this, if possible, 
the people petitioned him in 1642 to al- 
low a sort of convention to be assem- 
bled in New Amsterdam, to see if some 
peaceable settlement of disturbing ques- 
tions could not be made with the head 
men of the Indian tribes. The permis- 
sion was granted ; the Assembly met, 
and twelve of their number were ap- 
pointed to represent the interest of the 
colony in the negotiations with the In- 
dians. This was the first representative 
Assembly of New Netherlands, and its 
career was short ; venturing to pass be- 
yond the Indian question, and to criti- 
cise the administration of the governor 
in other matters, it was promptly dis- 
solved by him. No peaceable settle- 
ment had been made by them with the 
Indians. The war soon afterwards broke 
out in earnest. In February, 1643, the 



42 



JIISTOKY OF THE LWJTLD STATES— COLONIAL. 



Book I , c. 4 



garrison at New Amsterdam, by order ' 
of the governor, with some additional i 
force, crossed the Hudson and attacked 
the Indians in their encampment just 
above Hoboken. It was a night attack; 
the Indians were not suspecting any 
danger ; nearly a hundred of them were 
killed, including women and children ; a 
few made their escape, and crossed over 
the river the next day, seeking refuge 



perfectly secure in their place of retreat, 
with the avowed friendship of the colo- 
nists, their allies, were also inhumanly 
butchered, leaving but few survivors. 
This was done by order of the governor. 
By these fiendish acts on his part, the 
colonists were greatly incensed ; for being 
perpetrated without justification or prov- 
ocation, it not only hazarded the peace 
of the colony, but endangered its very 




SETTLERS MASSACRED BY THE INDIANS. 



with the Dutch, their " supposed" friends, existence, by arousing the fury of all the 



at New Amsterdam. Instead of receiv- 
ing protection, however, they were as- 
sailed by the soldiery and driven back 
into the river and drowned. This was 
not all of Kaieft's brutal conduct. A 
company of Indians who had sought 
refuge previously from some of the river 
tribes with the Dutch who were en- 
camped on Manhattan Island, feeling 



surrounding tribes. Their apprehen- 
sions were not ill-founded, but were soon 
fearfully realized. The " Algonquins," 
with all the river tribes, immediately 
took up the tomahawk, to avenge the 
wrongs of their brethren. The war- 
whoop was heard all along the Dutch 
settlement. Several villages were de- 
stroyed and a number of the colonists 



COLONY OF NEW YORK. 



43 



were either slain or carried into cap- 
tivity. The extinction of the colony 
was imminent, and Kaieft, the governor, 
was compelled to change his policy and 
to sue for peace instead of continuing 
the war. It was in one of the massacres 
in the valley of the Housatonic that the 
famous Mrs. Anne Hutchinson and her 
family were slain. This distinguished 
lady had taken refuge from religious 
persecution with the Dutch settlers in 
the colony of New Netherlands. De 
Vries, from the settlement on the Dela- 
ware, who had exerted all his power by 
remonstrance with Kaieft against that 
policy which had led to these disastrous 
results, now used the same kindly in- 
fluence to bring about peace and recon- 
ciliation. He first met by invitation six- 
teen of the Indian chiefs in conference 
at Rockaway, on the 5th of March, 
1643. These chiefs, who had great con- 
fidence in him, at his request accom- 
panied him to New Amsterdam, where, 
under his wise and prudent counsels, a 
treaty of peace was negotiated. 

This brought joy throughout the 
colony, but Kaieft, the governor, was the 
subject not only of aversion but hate. 
He was looked upon as the author of all 
their recent troubles and dangers. The 
population of New Amsterdam was now 
reduced to not much over one hundred 
souls. The indignation against the gov- 
ernor was increased from the belief that 
he was instigated solely by motives of 
avarice and private gain. Kaieft's bar- 
barous conduct was disavowed by the 
West India Company, and he was re- 
called, greatly to the gratification of the 
colonists. On his return to Europe he 
perished in the wreck of the ship on 
which he sailed. His successor was the 
renowned Peter Stuyvesant, who was 
appointed governor of New Netherlands 



in 1647, an d reached New Amsterdam 
the same year. He was a man of edu- 
cation and strong will, with a decided 
cast of aristocratic character and slight 
sympathy with the masses of the people. 
He was a soldier by profession ; he had 
won distinction in the Dutch wars against 
the Portuguese. He was not exactly the 
right man for the governorship of the 
New Netherlands at that time ; yet with 
all his defects he left the reputation of 
being an honest man, and a chief magis- 
trate with an earnest wish to promote 
what he deemed the best interests of the 
colony. But at that time the people of 
New Netherlands had begun to feel a 
lively sense of popular rights ; they had 
caught the spirit from their English 
neighbors. They believed that they 
ought not to be taxed without their con- 
sent. While Stuyvesant was restless 
under this growing public spirit, yet he 
was too wise and prudent a ruler to resist 
entirely the popular sentiment. He finally 
yielded so far as to appoint a council of 
nine prominent citizens to be consulted 
in matters of administration. This was a 
further step towards representative gov- 
ernment in New Netherlands. It was an 
executive concession in the nature of 
Magna Cliarta extorted from King John 
of England, though this was effected peace- 
ably and without resort to arms. Stuy- 
vesant's policy towards the Indians was 
singularly marked by kindness and jus- 
tice. He strove to make friends of 
enemies, instead of making enemies of 
friends, in which he had laudable success. 
In his civil administration, his imperious 
will and temper were doubtless somewhat 
controlled by the more liberal policy of 
the home company. The directors wrote 
him : " Let every peaceful citizen enjoy 
freedom of conscience ; this maxim has 
made our citv the asylum for fugitives 



44 



HISTORY OF THE UXITKD STATES— COLONIAL. 



Book I., c. 4 



from cvcr\- land; tread in its steps, and Assembly, but deemed it best not to seek 

you shall be blessed." The people were to prevent its meeting, as such a step 

not content with the council of nine cit- would have brought about a collision 

izens who had been appointed to advise with the people." The Assembly ac- 

in the administration : they looked for cordingly met, and among other things, 

larger and more important concessions, issued an address to the governor, con- 

They wished to hold town meetings and taining these words: "The States-Gen 




PETER STU 



consult upon public affairs. Disputes 
soon arose between them and the gov- 
ernor, on matters of this sort. Discon- 
tents increased. At length the people ap- 
pointed a convention of two delegates 
from each settlement, for the purpose of 
deliberating on the affairs of the colony. 
Stuyvesant was bitterly opposed to this 



YVESANT. 

eral of the United Provinces are our 
liege lord. We submit to the laws of the 
United Provinces; and our rights and 
privileges ought to be in harmony with 
those of the Fatherland, for we are a 
member of the State, and not a subju- 
gated people. We who have come to- 
gether from various parts of the world, 



COLONY OF NEW YORK. 



45 



and are a blended community of various 
lineage ; we who have, at our own ex- 
pense, exchanged our native land for the 
protection of the United Provinces ; we 
who have transformed the wilderness 
into fruitful farms, demand that no new 
laws shall be enacted but with the con- 



governor, who was used to arbitrary rule, 
and had a contempt for the idea that the 
people are capable of self-government. 
He sent to the Assembly the following 
haughty reply : " We derive our au- 
thority from God and the West India 
Company, not from the pleasure of a 




SCENE ON BROADWAY, NEW YORK. 

sent of the people ; that none shall be few ignorant subjects." The Assembly 

appointed to office but with the approba- was immediately dissolved and dispersed, 

tion of the people; that obscure and The West India Company sustained the 

obsolete laws shall never be revived." governor ; so ended this controversy at 

These were brave, manly and patriotic the time, 

utterances ; a little in advance, however, But it was doubtless not without its 

of the times and place. They were too influence in paving the way for the ap- 

much for the imperious temper of the proaching easy acquisition of the New 



46 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c. 4 



Netherlands by the English. For in most 
of the English colonies, if not all, at this 
time the people were secured by their 
charter against taxation without their 
consent. It was but natural that the 
Dutch colonists, who were thoroughly 
imbued with the spirit of liberty in their 
native land, should not be averse when 
the time came — if it ever should — to be- 
come English colonists clothed with the 



plated making such an effort, and at the 
return of Charles II. to the throne, the 
plan was more seriously discussed, and 
at length put in operation. Charles, al- 
though at peace with Holland, and in 
spite of the charter which he had granted 
to Connecticut, bestowed upon his 
brother, the Duke of York, afterwards 
James II., the entire region between the 
Connecticut and Delaware rivers. This 




THi; NEW POST-OFFICE, NEW YORK CITY. 



same rights as their neighbors. This 
period was near at hand. For a long 
time past the English government had 
seriously entertained the idea of driving 
out the Dutch, and adding New Nether- 
lands to its American possessions. The 
English claim extended along the entire 
Atlantic coast as far south as Florida, 
and the Dutch were regarded as intruders. 
Cromwell and his son had each contem- 



was in February, 1664. A squadron was 
at once fitted out for the purpose of seiz- 
ing the Dutch colony, and was placed in 
command of Richard Nicholls, an officer 
of the Duke of York's household. The 
fleet touched at Boston to land the com- 
missioners sent out by Charles to the 
New England colonies, and to receive 
reinforcements. Governor Winthrop, of 
Connecticut, also embarked on board of it. 



COLONY OF NEW YORK. 



47 



The first intimation Stuyvesant had 
of the intended robbery was the appear- 
ance of the fleet within the Narrows, on 
the 28th of August, 1664. The next day 
Nicholls demanded the surrender of the 
town and Fort of New Amsterdam. 
Stuyvesant, who had made preparations 
for defending the place, endeavored to 
resist the demand, but the citizens re- 
fused to sustain him, and he was obliged 
to submit. On the 8th of September he 
embarked his troops for Holland, and 
put to sea. The English at once took 
possession of the fort and town, and 
their vessels ascending the Hudson, re- 
ceived the submission of the other Dutch 
forts and settlements along the river. A 
few weeks later the Dutch and the 
Swedes along the Delaware submitted 
to the English, and the entire province 
was in their hands. The name of New 
Amsterdam was changed to New York, 
which name was also bestowed upon the 
province, and Fort Orange was called 
Albany; all in honor of the new pro- 
prietor. Nicholls was appointed gov- 
ernor. The English set themselves to 
work to conciliate the Dutch residents, 
a task not very difficult, as the English 
settlers in the province had already pre- 
pared the way for the change, and the 
treatment the colony had received from 
the West India Company had prevented 
the formation of any decided attachment 
to the rule of Holland. 

The English system of government 
was introduced, the towns were allowed 
to make their own magistrates, and the 
desires of the people for representative 
government seemed about to be gratified. 
The Mohawks had been the friends of 
the Dutch, and they now readily entered 
into an alliance with the English as their 
successors. This alliance remained un- 
broken all through the colonial period, 



and during the war after the revolution ; 
and in the first named period proved of 
the greatest advantage to the colonies, 
as the Mohawks, whose hatred of the 
French was deep and unrelenting, proved 
a formidable obstacle in the way of in- 
vading parties from Canada. 

Governor Stuyvesant, after his sur- 
render of New Netherlands, as stated, 
proceeded directly to Holland to give an 
account of his administration and the 
loss of the colony, to the West India 
Company, and afterwards — in about a 
year — returned to New York and re- 
sumed his residence, and settled on his 
farm, the site of which is now in a popu- 
lous portion of the city. His place was 
known as " Bouwery," — from which the 
present street now called the Bowery 
derives its name — where he continued to 
live for eighteen years, in the enjoyment 
of an honored old age. He died in 
August, 1682, on attaining his four-score 
years. His remains were deposited in 
the vaults of a chapel which he had built 
at his own expense on his farm, and ded- 
icated according to the ritual of the Re- 
formed Dutch Church. Its site is now 
occupied by the Episcopal church of St. 
Mark's, in the Bowery, and the stone 
which had been placed over his remains 
is built into the eastern wall of the 
church, where it can be seen with the 
original inscription. A pear tree which 
he brought with him from Holland, and 
planted in his garden in 1647, was living 
and bore fruit until about i860. 

The fate of the renowned Hudson wa9 
sad. In a third voyage to the North 
Seas under English auspices in 1611, he 
and his son perished by a mutiny of his 
crew. It has been well said " that the 
gloomy waste of waters which bears 
his name is his tomb and his monu- 
ment." 



4 8 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c. 5 



CHAPTER V. 

THE SETTLEMENT OF MASSACHUSETTS. 
(1620— 1631.) 





Plymouth, Salem, Dorchester, Lynn, Charlestown, 
Watertown, Roxbury and Boston — The Puritans — 
Rev. John Robinson — Sir Edwin Sandys — John 
Carver, first Governor of Plymouth — John Win- 
throp, first Governor of Massachusetts Bay — Rep- 
resentative Government in Massachusetts in 1631, 
as it had been in Virginia in 1619. 

HE first attempt at settlement in 
the region of country or dis- 
trict granted to the Plymouth 
Company in England, styled in 
the grant North Virginia, but 
afterwards known as New England, was 
made, in the year 1607, at or near the 
mouth of the Kennebec river on the 
coast of Maine. This settlement was 
attempted about the same time the col- 
ony at Jamestown was planted by the 
London Company. Forty-five persons 
constituted the colony on the Kennebec. 
They were sent out by the Plymouth 
Company, under the presidency or gov- 
ernorship of George Popham. The col- 
onists suffered great hardships during the 
winter of 1 607- 1608. Governor Popham 
himself died during that winter. In the 
spring, when no ships came with supplies, 
Raleigh Gilbert, who now succeeded to 
the presidency, learning that he had be- 
come heir to a considerable property by 
the death of his brother, abandoned the 
enterprise, and the settlers returned to 
England. 

Other attempts at colonization were 
made by the Plymouth Company, after 



the publication of Captain John Smith's 
map in 16 14, as before stated, but these 
need not be particularly noticed, as all 
of them failed from some cause or other. 

But a colony was firmly founded in 
Massachusetts, the first in New England, 
rather by the permission than the favor- 
ing auspices of the Plymouth Company, 
as we shall see. This was in 1620, by 
a religious sect known as Puritans. 

" The name Puritan was given to them 
on account of their austerity of manner 
and the rigid observance of the forms 
of their religion. In religion they were 
Calvinists, and were dissenters from the 
Church of England." Their manner of 
teaching, preaching, and acting brought 
them in contact with the public author- 
ities in England at a time when there 
was no such thing as toleration in matters 
of faith and worship; they were perse- 
cuted for obstinate refusal to conform 
to the requirements of the existing eccle- 
siastical establishments. 

During the reign of Henry VIII., 
many of them had taken refuge in 
Switzerland and Germany. They had 
been hospitably received by their brethren 
in the faith there, and had sat at the feet 
of the great doctors of Strasburg, Zu- 
rich, and Geneva, and had been, during 
some years, accustomed to a more simple 
worship, and to a more democratic form 
of church government, than England 
had yet seen. 

Some of these returned to their coun- 
try after the accession of Elizabeth to 
the throne." But in vain did they look 
to her for any toleration to their peculiar 
views in matters of faith and worship. 
Persecution again awaited them, and, in 
the language of Macaulay, " Persecu- 
tion produced its natural effect on them. 
It found them a sect, it made them a 
faction. To their hatred of the church 



COLONY OF MASSACHUSETTS. 



49 



was now added the hatred of the crown. 
The two sentiments were intermingled 
and each embittered the other. 

"In 1603 Queen Elizabeth died, and 
was succeeded by James of Scotland. 
A change, to some extent, had taken 
place in the principles and practices of 
the Puritans. The persecutions which 
they had undergone had been severe 
•enough to irritate, but had not been 
severe enough to destroy. * * * 

" The extreme Puritans, therefore, be- 
gan to feel for the Old Testament a 
•preference, which, perhaps, they did not 
•distinctly avow, even to themselves, but 
which showed itself in all their sentiments 
and habits. They paid to the Hebrew 
language a respect which they refused to 
that tongue in which the discourses of 
Jesus and the epistles of Paul have come 
down to us. They baptised their children 
by the names, not of Christian saints, 
but of Hebrew patriarchs and warriors. 

" In defiance of the express and re- 
iterated declarations of Luther and Cal- 
vin, they turned the weekly festival by 
which the church had, from primitive 
times, commemorated the resurrection 
of her Lord, into a Jewish Sabbath. * * 
It was a sin to hang garlands on a may- 
pole, to drink a friend's health, to fly a 
hawk, to hunt a stag, to play at chess, to 
wear lovelocks, to put starch into a ruff, 
to touch the virginals, to read the Fairy 
•Queen. Rules such as these, rules which 
'would have appeared insupportable to 
the free and joyous spirit of Luther, and 
contemptible to the serene and philoso- 
phical intellect of Zwingle, threw over 
all life a more than monastic gloom. 
The extreme Puritan was at once known 
from other men by his gait, his garb, * * 
and above all, by his peculiar dialed. 
He employed, on every occasion, the im- 
.agery of the scripture. Hebraisms vio- 
4 



lently introduced into the English lan- 
guage, and metaphors borrowed from the 
boldest lyric poetry of a remote age 
and country, and applied to the com- 
mon concerns of English life," etc. 

This portraiture of the character of the 
Puritans, like most of the word-painting 
of Macaulay, is perhaps over-wrought 
and too highly colored. It exhibits the 
darker side only of this wonderful peo- 
ple, and shows nothing of the many fine 
and tender traits, as well as high heroic 
virtues, for which they were equally dis- 
tinguished. 

A sect of these Puritans, known as 
Brownists, from the name of their foun- 
der, had taken refuge at Ley den, in Hol- 
land, from the annoyances to which they 
were liable in England. They resided 
in that city for some years, under the 
pastoral charge of Rev. John Robinson ; 
but not finding their situation altogether 
congenial, they came to the determina- 
tion to remove to America. As they 
desired to settle within the limits of the 
territory, then known as Virginia, they 
sent two of their number, Robert Cush- 
ing and John Carver, to England, for the 
purpose of obtaining the consent of the 
London Company. 

Their application was favorably re- 
ceived, and through the influence of Sir 
Edwin Sandys, secretary of the company, 
a patent under the company's seal was 
obtained, and a tract of land was assigned 
them. They wished also that their en- 
terprise should receive the approbation 
of the king ; but James hated the Puri- 
tans, and the greatest favor they could 
obtain from him was his promise to let 
them alone. 

Money was obtained from London 
merchants on terms that constituted the 
merchants partners in the adventure. 
Ten pounds in money advanced by the 



So 



HISTORY OF THE UNITED STATES— COLON! AT. 



Hook I.,c. 5 



merchant was made equal to seven 
years of labor of the emigrant. The 
profits were to be reserved to the end of 
that time, when a distribution was to be 
made. The society of Puritans was, 
from their migrations, also called Pil- 
grims. 

They procured two vessels, the Speed- 
well, of sixty tons, and the Mayflower, 




LANDING OK THE HI.GRIMS. 



of one hundred and eighty tons burthen. 
They set sail on the 22d of July, 1620, 
but the Speedwell was soon found to be 
unseaworthy, and it became necessary to 
put back for repairs. They sailed again 
from Southampton on the 5th of August, 
but were compelled to put back the sec- 
ond time. They returned to Portsmouth, 
at which place they abandoned the Speed- 
well, with some of the party whose cour- 
age failed them. The Mayflower finally 



set sail on the 6th of September, with 
one hundred and one persons on board. 
Their intended destination was the 
mouth of the Hudson river, but they 
were conducted by their captain, whether 
ignorantly or of set purpose, to a much 
more bleak and inhospitable region, 
north of that river. After a voyage 01 
sixty-three days they came in sight of 
Cape Cod, and on the 10th of No- 
vember cast anchor in that harbor. 
Having no charter from the king, 
they, as yet, had no form of gov- 
ernment. One, purely democratic, 
was adopted before landing, drawn 
up in writing, and signed by the 
men, forty-one in number. John 
Carver was unanimously chosen 
governor for one year. 

Several days were spent in 
searching for a suitable place to 
land. At last the desired harbor 
was found, and on the 22d of De- 
cember, 1620, the Pilgrims landed. 
The place they named Plymouth, 
after or in honor of the place in 
England from which they had 
sailed. No time was spent in idle- 
ness; trees must be felled and 
houses built. Lots were assigned 
to families, and on the third day 
they began to build. The winter 
was very severe, and the suffer- 
ings of the colonists were great. 
By the first of April, 1621, all but forty- 
six of those who landed were dead. 
Among the dead were Governor Carver, 
his wife and son. At one time there were 
but seven well persons in the settle- 
ment. With the return of spring came 
health, renewed vigor and stimulated 
hopes. 

In March, a short time before the 
death of Governor Carver, a treaty of 
amity was made with Massasoit, the 






COLONY OF MASSACHUSETTS. 



51 



great chief of the Wampanoags, with 
Samoset, a chief of the same tribe, and 
eight chiefs of less authority. 

This treaty was of great service to the 
colony, as in its weak and suffering con- 
dition, it could easily have been de- 
stroyed by savage enemies. It was kept 
inviolate by both parties for fifty years. 
As spring advanced, the health of the 



settlers would have suffered greatly if it 
had not been for the friendship of the 
Indians. One of the causes of scarcity 
was the deep religious feeling of the 
leading Puritans, who had desired, in 
imitation of apostolic times, to have a 
community of property. But even 
amongst the Puritans there were some 
who would not work as long as they 



colonists improved. But their supply j were permitted to eat the fruit of the 
of provisions was barely sufficient to labor of others. To remedy this evil 



last them till harvest. Massasoit taught 
them the cultivation and the use of maize 



the system was changed, and, in the 
spring of 1623, each family had allotted 



or Indian corn, the first of which was ' a parcel of ground to cultivate for itself. 




THE TREATY BETWEEN GOVERNOR CARVER AND MASSASOIT. 



planted in the month of May, 1621. In 
November a ship arrived with thirty-five 
immigrants, wholly without provisions. 
The following winter their sufferings 
were much increased ; sometimes for 
months they had no grain at all. 

William Bradford, who was chosen 
governor after the death of Carver, was 
so much beloved that he was continued 
in office the greater part of the time un- 
til his death, nearly forty years in all. 
The harvest of 1622 was scanty, and the 



All had now to work for themselves 
or do without the necessaries of life. 
After the harvest of that year, there was 
never any general want of food. 

In 1623 the Plymouth colonists were 
involved in an Indian war, through the 
conduct of another small English settle- 
ment, which had in the meantime been 
established at Weymouth, near Boston 
harbor. 

Thomas Weston, one of the London 
merchants who had advanced money to 



52 



I//SIOKY OF THE UNITED STATES— COLO.XIAL. 



Book I., c. 6 



settlers, moved by the hope of gain, had 
obtained a patent from the Plymouth 
Company in England for a small district 
in Massachusetts Bay or Boston har- 
bor. To this place he sent a company 
of about sixty men, who were dissolute 
in their habits, and by their aggressions 
gave so much offence to the Indians, 
that a plot was laid to entirely extermi- 
nate the English. Massasoit, the friendly 
chief, grateful to the colony at Plymouth 
for kindness received from them, re- 
vealed the plot to the governor, who 
immediately sent Captain Standish to 
the new settlement for its defence. 
Captain Standish took with him but 
eight men. Hastening to the scene of 
action, he was in time not only to pre- 
vent the attack, but also to surprise the 
Indians. He attacked them unexpect- 
edly, slew the principal instigators of the 
plot, and drove the rest into a swamp, 
where many of them perished. Wey- 
mouth was soon after abandoned, and 
the settlers returned to England. 

In the year 1624 other immigrants 
arrived at Plymouth, bringing with 
them cattle, swine, poultry, clothing, 
and provisions. The progress of Ply- 
mouth colony was slow. Four years 
after the landing of the Pilgrims there 
were thirty-two houses in the settlement, 
and one hundred and eighty inhabitants ; 
at the end of ten years there were only 
three hundred. The connection of the 
colony with the London merchants, from 
whom they had received money, embar- 
rassed them greatly. The merchants com- 
plained that they received no return for 
the money advanced, and interfered in va- 
rious ways with the affairs of the colony, 
causing the immigrants great inconven- 
ience. At last the colonists were able to 
buy out the rights of the London ad- 
venturers, and bv this means were re- 



lieved of debt, and an unpleasant connec- 
tion. 

In November, 1620, a short time be- 
fore the landing of the colonists at Ply- 
mouth, a new charter was granted by 
James I., of England, in lieu of the one 
before granted, to what was known as 
the Plymouth Company. This grant 
was to a new company in England, at 
the head of which stood the Duke of 
Lenox. This new company was styled 
the "Grand Council of Plymouth." The 
charter granted to the new company all 
the territory between the "fortictli and 
forty-eighth degrees of north latitude, 
and extending throughout the mainland 
from sea to sea." 

In this new grant, or charter, th< 
name of "North Virginia," previouslj 
applied to the same district of country, 
was dropped, and that of " New Eng- 
land" inserted in its place. 

In 1628, a number of persons in Eng- 
land, wishing to emigrate to North 
America, purchased from the " Grand 
Council of Plymouth " " that part of 
New England which lies between three 
miles to the south of the Merrimack 
river, and three miles to the south of 
Charles river, and extending from the 
Atlantic to the South Sea." Under this 
purchase John Endicott, a man of note, 
with about one hundred colonists, made 
a settlement at Salem. 

In 1629 the proprietors of this pur- 
chase of public domain, who were resi- 
dents of England, obtained from Charles 
I., King of England, who had succeeded 
his father, James I., a charter, granting 
them powers of government over colo- 
nists who might settle within its limits. 
The title of the corporation created by 
the royal grant was " The Governor and 
Company of Massachusetts Bay in New 
England." About three hundred per- 



COLONY OF MASSACHUSETTS. 



53 



sons soon after embarked for the new 
colony of Massachusetts. In 1 630, for 
the purpose of stimulating emigration to 
the new colony, the proprietors agreed 
to very liberal terms of self-government 
for those who might accept the induce- 
ments offered by them. 

Under this arrangement John Win- 
tJirop was chosen the first governor of 
the colony of Massachusetts, so founded, 
and during the year 1630 about fifteen 
hundred new settlers came over 
from the mother country, and 
made their home in Massachu- 
setts. New settlements were 
made at Charlestown, Dor- 
chester, Watertown, Lynn, 
Roxbury, and Boston. 

In October, '1631, a general 
meeting of all the freemen in 
the colony was held in Bos- 
ton, when John Winthrop was 
re-elected governor, and 
Thomas Dudley was chosen 
deputy governor. The colony 
of Massachusetts was thus es- 
tablished. At first the gov- 
ernment, under the rights and 
privileges granted by the 
charter, was a pure democracy. 
All the freemen assembled and 
gave their votes for their mag- 
istrates and other officers, as 
well as upon all matters of govern- 
ment. This was afterwards changed. 
In different localities the freemen held 
meetings, and chose deputies or dele- 
gates to meet in a common council, 
which was called " The General Court," 
and which was empowered to pass all 
proper laws. This " General Court " 
thus established was upon the same 
principle as the House of Burgesses, 
which had been established in Virginia 
in 1619, as we have seen. The pure 



democratic form of government in this 
way gave place in Massachusetts to 
what is called the representative system. 

For several years after the settlement 
at Plymouth, that colony had no direct 
political connection with the other set* 
tlements in Massachusetts. It was under 
a government exclusively its own, and 
in the regulation of all local affairs rec- 
ognized no authority but its own. 

Its government was purely democratic. 




JOHN WINTHROP. 

This first governor of Massachusetts 
colony was born January 12, 1587, of an 
ancient English family. Many of his 
descendants have shed lustre upon the 
history of their country. Robert C. 
Winthrop, one of these, is still living in 
Boston crowned with honors, and is a 
descendant from him in the sixth degree. 
A marble statue of John Winthrop, the 
distinguished ancestor, presented by the 
State of Massachusetts, stands in " Stat- 
uary Mall " in the Federal Capitol. 



54 



HISTORY OF THE UNITED STATES— COLO. MA I 

CHAPTER VI. 



Book I., c. 6 



VIRGINIA- 

(1621 



-Resumed. 
-1660.) 




First written constitution of the colony — All civil 
rights of Englishmen secured — Sir Francis 
Wyatt, Governor — Terrible massacre by the In- 
dians — London Company dissolved — Government 
devolves on the Crown, under the charter — Col- 
onists favor Charles I. in his contest with Par- 
liament—The House of Burgesses proclaim 
Charles II., then in exile, their Sovereign, and 
invite him to come over and be King of Vir- 
ginia—The " Old Dominion." 

lE now turn again to Virginia. On 
the 24th of July, 1 62 1, the Col- 
onial Assembly, of which men- 
tion has already been made, re- 
ceived the express sanction of 
the London Company by a formal ordi- 
nance. This ordinance may be consid- 
ered as the written constitution of the 
colony. Its provisions were liberal, 
giving to the people the election of two 
burgesses frofn each borough, who 
formed what is called the House of 
burgesses, and who, with the council 
appointed by the company, constituted 
the General Assembly. They had 
power to make laws subject to the ap- 
proval of the governor (who was ap- 
pointed by the company), and the ap- 
proval of the company in London, and 
no "orders of the Court in London were 
to be binding on the colony unless rati- 
fied by the Assembly." 

Beside the general right of trial by 
jury in all cases, all other civil rights of 
Englishmen were secured, to be deter- 
mined according to their own regula- 
tions, with the restriction just stated. 

In the charter of Virginia, as now 
amended, was recognized for the first 
time by the mother country the princi- 
ple of the great and inestimable right 



of local self-government by the people 
of the British colonies respectively on 
this continent. 

Sir Francis Wyatt succeeded Ycard- 
ley as governor in 162 1. At this period 
the colony was in a very flourishing 
condition. There were about eighty 
settlements, and the population amounted 
to not less than three thousand. The 
inhabitants enjoyed civil rights, the 
land was fertile, trade was free, and 
peace continued unbroken with the In- 
dians. In the midst of their prosperity 
and seeming security, a terrible calamity 
suddenly befell them. They had no sus- 
picion that the Indians had become un- 
friendly, but such was the fact. O-pc- 
chan-can-ough, the brother of Powhatan, 
had succeeded him as king in 161 8. He 
had no love for the strangers, but con- 
cealed his hatred until he could mature 
his plans, by which he hoped to be able 
to exterminate them. At noon on a 
certain day the Indians were to fall on 
every settlement, and murder the whites. 
The plot was so well kept secret, that 
even on the morning of the day of the 
intended massacre the Indians mingled 
freely with the whites, and many of them 
joined, as was usual, in taking the meal 
of that hour at the same table, without 
the slightest indication of unfriendly 
feeling. Nothing in the manner of the 
savages gave the slightest intimation of 
their evil designs. The plot might have 
been entirely successful, and the mas- 
sacre complete, had it not been for the 
warning of a converted Indian named 
Chanco, who on the forenoon of the pro- 
jected attack brought the news of the 
plot to Jamestown. Only the night be- 
fore had he learned it. Messengers 
were immediately despatched in every 
direction to warn the inhabitants, but it 
was too late to <rive notice to all. 




MASSACRE OF SETTLERS EY THE INDIANS. 



(55) 



56 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c. 6- 



At twelve o'clock on the first of April 
the attack was made, and over three 
hundred men, women and children were 
slain in a single hour. Of eighty plan- 
tations, all but seven or eight were laid 
waste, the survivors fleeing to James- 
town. A general war of extermination 
against the Indians followed. The 
whites lost all confidence in the red men, 
hunted them like wild beasts, and used 
all the wily arts of cunning and treach- 
ery for their destruction. At length the 
Indians were driven back from the river 
a considerable distance into the wilder- 
ness; their strength was broken, and the 
colony was again safe. This was a 
dreadful blow to the infant colony in 
Virginia, from which it took some years 
to recover. Many settlers returned to 
England, and two years after the mas- 
sacre there were not two thousand in- 
habitants in the colony. 

Meantime the London Company was 
hastening to its dissolution. The stock- 
holders, who were very numerous, had 
become divided into two political par- 
tics, and the subject of the king's prerog- 
ative was freely discussed at their meet- 
ings, much to the king's annoyance. He 
charged the disasters of the colony to the 
mismanagement of the company, and 
commissioners were appointed by the 
privy council to examine into its affairs. 
They seized the charter, and all the 
books and papers of the company, and 
after examination, made an unfavorable 
report. The king then demanded of 
them a surrender of their charter, which 
being refused, the case was carried into 
the Court of King's Bench, and decided 
against them. The company was there- 
upon declared dissolved, and the govern- 
ment of the colony devolved on the 
crown, under the charter. 

While the controversy between the 



king and company was going on, tho 
colonists were left to take care of them- 
selves. In February, 1624, the Genera. 
Assembly declared " that the governor 
should not impose any taxes on the 
colony, otherwise than by authority 01 
the General Assembly ; and that he- 
should not withdraw the inhabitants? 
from their private labor to any service of 
his own." They also refused to give a 
declaration of unlimited submission to- 
the king, when urged by the royal com- 
missioners, but they sent a petition to the 
king praying for a confirmation of their 
civil rights under their charter. The 
king refused to recognize the Assembly, 
and issued a special commission, ap- 
pointing a governor and twelve coun- 
cillors, to whom the entire control of the 
affairs of the colony was committed. 
King James died in 1625, before any 
action was finally taken by the commis- 
sioners. He was succeeded by his son,. 
Charles I. Charles was disposed to favor 
the colonists, and desired to ingratiate 
himself with them, in order that he 
might obtain a monopoly of their tobacco 
trade. He did not interfere in any way 
with their franchises, seeming to know 
but little and to care but little about the 
political condition of the colonists. Sir 
George Yeardley was again made gov- 
ernor, succeeding in 1626. The House of 
Burgesses continued its regular sessions, 
with the exercise of the same power as be- 
fore ; the king did not interfere in any 
way; emigrants arrived in great numbers, 
and agriculture and commerce flourished. 
In November, 1627, the governor, Sir 
George Yeardley, died, and the council 
elected Francis West governor in his 
place, until another should be appointed 
by the king. During his administration, 
the king requested the House of Bur- 
gesses to pass a law by which he alone 



COLONY OF VIRGINIA. 



ST 



could purchase the tobacco of the col- 
ony. The House refused to comply 
with the request, as it would be injurious 
to their trade. The king appointed Sir 
John Harvey governor in the place of 
Yeardley, deceased. He was no stranger 
in the colony, had been a member of the 
council, and was very unpopular. A 
strong party was formed against him, 
and the opposition at last became so 
formidable that he was impeached by 
the House of Burgesses and removed 
from office. The Assembly appointed 
two commissioners to prosecute the 
charges against him in England. 

The king would not hear the com- 
plaints against Harvey, but reappointed 
him governor, in which office he con- 
tinued until 1642, when he was succeeded 
by Sir William Berkeley. 

About this time the colony was left 
for a while to take care of itself, as the 
attention of the king was entirely taken 
up with a struggle between himself and 
his Parliament. The majority of the 
colonists were staunch friends of the 
cause of the king in that contest, and the 
parliamentary party in the mother 
country, who were contending against 
him, met with no favor from them. That 
party was considered as composed chiefly 
of Puritans, and as the religious creed 
of the Puritans was in great disfavor 
with the colonists, they were looked 
upon with suspicion, and those of their 
number who refused to conform to the 
ceremonies of the Church of England, 
which the House of Burgesses had de- 
clared to be the established religion of 
the colony, were banished. Puritan mis- 
sionaries from New England were si- 
lenced and ordered to leave the colony. 

Never, since the great massacre of 
1622, had there been any real peace 
with the Indians ; and in 1644 they made 



a sudden attack upon the frontiers, and 
killed about three hundred of the inhab- 
itants before they were repulsed. Wiien 
resisted, a panic seemed to seize them, 
and they fled to the wilderness. The 
war continued for about two years, when 
the power of the Indians was completely 
broken. Their aged chief, O-pe-chan- 
can-ough, was taken prisoner, and soon 
after died in captivity. In 1646 a treaty 
was made with Necontowanee, the suc- 
cessor of O-pe-chan-can-ough, by which 
the Indians relinquished the lands of their 
fathers and retired further into the wil- 
derness. 

At this time the colony was in a very 
flourishing condition ; commerce was 
largely increased; more than thirty ships 
were engaged in the carrying trade. The 
population in 1648 amounted to twenty 
thousand. After the triumph of the par- 
liamentary party in England, and the 
execution of the king, Charles I., many 
royalists fled from that country to Vir- 
ginia, where they were warmly wel- 
comed. Virginia was the last of the 
colonies to acknowledge the authority 
of the Commonwealth under Cromwell. 
In 165 1 a fleet was sent over to reduce 
the colony to submission ; and when it 
was found that the Parliament offered to 
secure to the colonists all the rights of 
Englishmen, on condition that they 
would adhere to the Commonwealth, 
they yielded. 

Richard Bennett, one of the parlia- 
mentary commissioners, was elected gov- 
ernor, and Sir William Berkeley retired 
to private life. In 1655 and 1658 the 
House of Burgesses exercised the right 
of electing and removing the governor, 
and on receiving intelligence of the death 
of Cromwell, they reasserted the right, 
and required Matthews, the governor, to 
acknowledge it. On the death of Mat- 



HISTORY OF THE UNITED STATES— COLONIAL 



53 

thews, Cromwell being dead, and the 
government of England in an unsettled 
state, the House of Burgesses elected 
Sir William Berkeley governor. He 
refused to serve under what he consid- 
ered the usurped authority of Parliament. 
Charles II., who was then in exile, was 
proclaimed their lawful sovereign, and 
invited to come over and be King of 
Virginia. From this incident in her 
history, Virginia received the name of 
"The Old Dominion." 

Charles was, not long afterwards, re- 
stored to the throne of England. Of all 
his subjects, the Virginians were the last 
to renounce, and the first to return to 
their allegiance to the House of Stuart. 



CHAPTER VII. 

SETTLEMENT OF MARYLAND. 
(1621 — 1662.) 



Book I, c. T 




Captain John Smith's first explorations — William 
Clayborne's trading posts — Sir George Calvert — 
Sketch of his life — A member of the Privy Council 
— Secretary of State — Converted to the Catholic 
faith — Made Lord Baltimore — Relations to James 
I., King of England — Bancroft's account of him — 
In advance of the age on the principles of religious 
toleration — His first colony of Avalon, an asylum 
for persecuted Catholics — Location abandoned — 
Seeks to make a settlement in Virginia, but not 
allowed on account of his religious faith — Obtains 
a charter to Maryland from Charles I. — Dies be- 
fore the execution of the grant — Charter made out 
and delivered afterwards to Cecil, his eldest son, 
and second Lord Baltimore — Cecil plants a colony 
of upwards of two hundred emigrants in 1633 — 
Treaty with the Indians — Fathers White and Al- 
tham — They make many converts among the In- 
dians — Leonard Calvert, governor — Clayborne stirs 






up an insurrection — The governor seeks refuge in 
Virginia — Afterwards overpowers Clayborne — 
Peace restored — Leonard Calvert dies in 1647 — 
William Stone succeeds him — The great act of tol- 
eration in 1649 — Other troubles ensue — Religions 
persecutions — Stone deprived of the governorship 
— Fendall appointed — Treasonable act of Fendall 
— Philip Calvert appointed in his stead — Peace re- 
stored — General amnesty proclaimed — Charles Cal- 
vert, son of Lord Baltimore, appointed governor in 
1662 — Under his administration Maryland prospers 
many years. 

t^APTAIN JOHN SMITH, of the 
Virginia colony, as we have be- 
fore stated,* was the first ex- 
plorer of the Potomac river and 
Chesapeake bay. In 1621 the 
country now known as Maryland was 
visited by other Virginia settlers, and 
especially by William Clayborne, who 
obtained a license from the London 
Company in England to trade with the 
Indians. Under this license he endeav- 
ored to monopolize and claim exclusive 
rights to this profitable traffic. He was 
a man of education, of energy, and above 
ordinary ability. He established several 
trading posts, from which he derived 
large profits for more than ten years. 
But his schemes looked alone to tempo- 
rary trade and commerce. He made no 
effort to plant a permanent colony. The 
honor of founding this colony is due to 
Sir George Calvert, the first Lord Balti- 
more. Of all the men connected with 
the early English colonial history, this 
distinguished statesman and philanthro- 
pist was, in many respects, the most re- 
markable ; not excepting Bartholomew 
Gosnold, Sir Humphrey Gilbert, or his 
more famous half-brother, Sir Walter 
Raleigh. He was in advance of his age 
in the grand principle of religious tolera- 
tion. The conspicuous part he acted in 
this matter justifies some notice of his 

* Ante, Chapter III., page 33. 



COLONY OF MARYLAND. 



character and career anterior to his con- 
nection with the foundation of the colony. 
"He was of a distinguished English fam- 
ily, descended from the ancient and noble 
house of the same name, in Flanders."* 
He was born about 1582, at Kipling, in 
Yorkshire, England, and was educated 
at Oxford, where he graduated with dis- 
tinction in 1597, at the age of fifteen. 
His studies, which included all branches 
then taught at Oxford, were enlarged by 
extensive travel on the continent, and 
enriched by close, accurate and intelli- 
gent observation. On his return, Robert 
Cecil, the great Prime Minister at that 
time — and afterwards Earl of Salisbury — 
knowing him well, and appreciating his 
high acquirements and abilities, took 
him first as his private secretary, and 
afterwards secured for him the position 
of Secretary of State. In 16 17 he re- 
ceived the honors of knighthood. In 
162 1 he was returned as a member of 
Parliament from his native county of 
Yorkshire, and filled that position with 
eminent ability. Almost every field 
tempting to ambitious aspirations was 
now open to his entrance, but he turned 
his face from the glittering prize, and de- 
voted his life to the humbler offices of 
charity and philanthropy — preferring 
their milder glories to the dazzling blaze 
of a more alluring fame. He was pro- 
foundly religious. Next to the service 
of his heavenly Master — and the mode 
of worship of his choice — he loved his 
fellow-men, and bent his best energies to 
their amelioration and elevation. The 
Roman Catholics, whom the insensate 
spirit of the times in England made vic- 
tims of religious persecution, were sub- 
jects of his special care and attention. 
This was the more notable from the fact 

* Appleton's Cyclopaedia, Art. Calvert. 
4 



59 

reared in the 



that he was born and 
Protestant faith. 

Some time about 1620 he conceived 
the idea of founding a colony in this 
country as a shelter for Catholics, and 
where all sects and creeds might enjoy 
equal rights and protection. In 162 1 he 
obtained from King James a charter to 
the southern part of Newfoundland, and 
soon afterwards, at great expense, sent 
out a colony, consisting mostly of Cath- 
olics, and named the settlement Avalon. 
In 1624 Sir George, according to high 
authority, became a convert to the Ro- 
man Catholic faith himself, and as he 
could no longer conscientiously hold the 
office of Secretary of State — as it was at 
that time against the laws of England 
for a Catholic to hold such an office — he 
resigned, but, strange to say, seems not 
to have lost the confidence of the king 
on account of his conversion to the 
Catholic faith, for he was immediately 
promoted to an Irish peerage, under the 
title of Lord Baltimore. This is the 
more unaccountable from the fact of the 
very severe language on two notable oc- 
casions indulged in by King James 
against what he called apostates. 

In his speech delivered at Whitehall 
on the opening of Parliament in 1609 he 
says: " I divide all my subjects into two 
ranks : cither old Papists that were so 
brought up in times of Popery, and those 
that be younger in years, yet have never 
drunk in other milk ; or else such as do 
become apostates, having once been of 
our profession and have forsaken the 
truth. For the former sort, I pity them, 
but if they be good and quiet subjects, I 
hate not their persons. But as for those 
apostates who I know must be the great- 
est haters of their own sect, I confess I 
can never show any favorable counte- 
nance toward them," and in 1616, in his 



6o 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c. T 



star chamber speech, he says: "I can 
love the person of a Papist, being other- 
wise a good man and honestly bred, never 
having known any other religion ; but 
the person of an apostate Papist I 
hate."* 

Some have supposed that Sir George 
was not a convert, but a life-long Cath- 
olic, and known by James to be such ; 
and hence these severe epithets were not 
applied to him by the king on the occa- 
sions referred to, especially as at the 
time of his star chamber speech Calvert 
was one of the privy council, and was 
afterwards appointed Secretary of State. 
But this hypothesis is not reasonable, 
because Lord Baltimore was a conscien- 
tious man, and he could not have held 
the positions he did, if he were a con- 
scientious Catholic. The weightier 
opinion is that King James's personal 
regard was so great for Lord Baltimore 
that when he confessed to him his com- 
mission in 1624 (as the better authority 
says), he still, while accepting his resig- 
nation, continued him in his confidence, 
and promoted him to the peerage. This 
was certainly one of the highest marks 
of personal confidence and esteem ever 
bestowed by royal favor upon any one. 

The elements of a noble manhood were 
indeed mixed in Lord Baltimore in rare 
and harmonious combination. Mr. Ban- 
croft, in writing of the colonization of 
Maryland, says: " Calvert deserves to be 
ranked among the most wise and benev- 
olent law-givers of all ages. He was 
the first in the history of the Christian 
world to seek for religious security and 
peace by the practice of justice, and not 
from the exercise of power ; to plan the 
establishment of popular institutions 
with the enjoyment of liberty of con- 
science ; to advance the career of civili- 



* Appleton's Cyclopaedia, Art. Calvert. 



zation, by recognizing the rightful 
equality of all Christian sects. The asy- 
lum of Papists was the spot where, in a 
remote corner of the world, on the 
banks of rivers which as yet had hardly 
been explored, the mild forbearance of a 
proprietary adopted religious freedom as 
the basis of the state."* 

In 1628 Lord Baltimore visited the 
colony of Avalon, in Newfoundland, 
himself, carrying along with him his 
wife and some of his children. A brief 
sojourn there, however, convinced him 
of the unsuitableness of the place for the 
objects designed by him in the founda- 
tion of the colony. The soil was too 
sterile, and the climate too cold. He 
therefore determined to seek a lo- 
cation further south, and in October, 
1629, landed in Virginia in search of a 
more advantageous site for the accom- 
plishment of his object. The governor 
and council of Virginia did not receive 
with approbation his proposal to settle 
within their territory. They opposed it 
solely on account of his religious faith. 
They required him, as a condition prece- 
dent, to subscribe the customary oath of 
allegiance and supremacy. The oath of 
allegiance to the Crown of England he 
was willing to take, but the oath of 
spiritual supremacy, which declared the 
king to be the rightful head of the 
church in England, he refused to take. 
The authorities in Virginia were as in- 
exorable in their demands as he was 
fixed in his determination not to yield, 
and hence he was compelled to seek a 
more suitable place for settlement else- 
where. Unbroken in spirit, he sailed to 
England, and applied in person to 
Charles I. for a grant to the beautiful 
and fertile country on the shores of 
Chesapeake bay. It was unoccupied 



* Bancroft, vol. I., page 244. 



COLONY OF MARYLAND. 



61 



iby Europeans, and the original grant to 
the London Company having lapsed a 
few years before, the king was free to be- 
stow it upon whomsoever he chose. 
The grant was made out and ready for 
sealing and delivery when Lord Balti- 
•.more died, on the 15th of April, 1632. 



signed on the 20th of June, 1632, by 
Charles I. 

The boundaries prescribed by the 
charter were : the Atlantic Ocean, the 
fortieth parallel of north latitude, the 
meridian of the western fountains of the 
Potomac, the river itself from its source 




CECIL, SECOND LORD BALTIMORE. 



That inopportune event was doubtless 
precipitated by the sad fate of his wife 
and children, who had sailed to rejoin 
him in England, and perished at sea. 
The charter, conveying the title and es- 
tate to Cecilius Calvert, eldest son, who 
on the death of his father became second 
Lord Baltimore, was then made out and 



to its mouth, and a point drawn due east 
from Watkins' Point to the Atlantic. 
This charter made Lord Baltimore the 
sole owner and proprietor of all the 
lands within the limits of the grant. It 
was also more liberal in its terms and 
provisions for the benefit of settlers than 
any previous similar grant by the Crown. 



62 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c. 7 



It conceded to the colonists the amplest 
powers of legislation and all essential 
rights of self-government, without inter- 
ference on the part of the mother 
country. It clearly defined and assured 
the freedom of the settlers, and fixed 
proper limitations upon the rights and 
privileges of the proprietor. It contained 
a guaranty against taxation by England, 
and established perfect toleration in all 
matters of religious faith or creed. This 
last, probably, was the chief object of 
Lord Baltimore in the establishment of 
the colony. In this noble and really 
sublime design, he anticipated Roger 
Williams by a few years only. Par no- 
bile fratrum / they shine like twin-stars 
in the clear, mild firmament of soul lib- 
erty and religious toleration ; nor is it 
least among our glories that their light 
first beamed in our American sky. 

The colony was called Maryland 
{Terra Marice), in honor of the accom- 
plished but hapless Henrietta Maria, 
daughter of Henry IV., of France, and 
wife of Charles I., of England. Bossuet, 
one of the profoundest divines and most 
eloquent pulpit orators of France, in his 
funeral eulogy, styled her " the Queen 
of Misfortunes." 

In November, 1633, Lord Baltimore, 
the proprietor, sent his younger brother, 
Leonard Calvert, with two vessels — the 
Ark and the Dove — to occupy the country 
covered in the grant. Two hundred emi- 
grants — mostly Roman Catholic gentle- 
men and their servants — with Fathers 
Andrew White and John Altham, two 
able and devout Jesuit missionaries, com- 
prised the expedition. Leonard Calvert 
was made governor of the colony by his 
brother, the land proprietor. On arrival, 
in February following, at Point Comfort, 
in Virginia, they were civilly and cour- 
teously received by Governor Hawley. 



This was in pursuance, it is said, of in- 
structions received from the Crown, and 
as a sort of rebuke, perhaps, to the same 
governor, for the manner in which he 
had treated the expedition of the first 
Lord Baltimore. Passing up the Chesa- 
peake to the Potomac, Governor Calvert 
chose the site for a settlement at the 
Indian town of Yoocomoco, which he 
purchased from the natives, paying them 
liberally for it. Possession was soon 
obtained. To the town he gave the 
name of St. Mary's. His course of con- 
duct towards the natives was kind, con- 
ciliatory and generous. He supplied 
them with hoes, axes, knives and cloth- 
ing. A permanent treaty was made be- 
tween the white men and the red. Indian 
women taught the wives of the new set- 
tlers how to make corn-bread, and the 
warriors instructed the men in the arts 
of field sports. 

In 1635 the freemen of the colony 
held their first Legislative Assembly. 
Among the prime purposes of convoking 
that body was to protect their rights 
against the encroachments of the noto- 
rious and ambitious Clayborne. His 
license to trade with the Indians having 
become void by Lord Baltimore's charter, 
he endeavored to incite a rebellion. 
Failing in that, he made an unsuccessful 
attack on the colonists, near the Isle of 
Kent ; his men were taken prisoners, but 
he made his escape into Virginia. The 
Maryland Assembly declared him a 
traitor, and his estates were confiscated. 
Governor Calvert demanded him of 
Governor Harvey, of Virginia, who, de- 
clining to comply with the demand, sent 
him to England for trial. Clayborne 
sought to be sustained in England. 
The authorities there, however, decided 
against him ; and so the right of Lord 
Baltimore to the jurisdiction of Maryland 



COLONY OF MARYLAND. 



was fully confirmed. For many years 
after Clayborne's overthrow, the colonists 
enjoyed uninterrupted peace, and were 
eminently prosperous. The rights of 
the people were clearly defined and ade- 
quately protected by law ; the rights of 
the proprietor were respected and ob- 
served ; civil liberty and freedom of 
religious worship were among the estab- 
lished institutions, and the common boon 
of all ; fertile lands yielded abundant 
reward to the hand of industry ; tobacco 
became a profitable staple of culture and 
exportation, and the commerce of the 
infant colony grew and prospered. 

Efforts were made — and not in vain — 
to convert the neighboring Indians to 
Christianity. Fathers White and Altham 
went actively to work upon their mission. 
They penetrated the interior, and visited 
the neighboring tribes, winning their 
hearts and confidence. The generous 
and honest conduct ot the governor and 
the authorities of Maryland towards 
them tended greatly to prepare the way 
for the acceptance of the religion of the 
strangers. Four stations were estab- 
lished among them. Chitomachen, the 
Tayac of Piscatoway — a ruler of emi- 
nence — who had many chiefs subject to 
him — together with his wife — professed 
the Christian faith, and were baptized, 
taking the names of Charles and Mary. 
In a short time, one hundred and thirty 
other converts received baptism. But 
these efforts of good men were rendered 
almost nugatory by the machinations 
of the bad. Clayborne, the evil genius 
of Maryland, returned to the country, 
and in 1642 instigated the Indians to 
hostilities. These troubles, however, 
were soon suppressed ; but in the next 
year he raised a more formidable rebel- 
lion, which kept the colony in a state of 
turmoil and disorder for three years. 



63 

The governor himself, driven from the 
colony, became a refugee in Virginia. 
The public records were lost or de- 
stroyed. After three years of confusion 
and misrule, the legitimate government; 
of Maryland triumphed, and peace was 
once again restored. 

The legislature, under the advisement 
of the governor and Lord Baltimore, 
who were ever actuated by the magnani- 
mous spirit of Christian forbearance and 
charity, passed an act of general amnesty, 
whereby all offenders were pardoned. 

Leonard Calvert died on the 9th of 
June, 1647, and appointed Thomas Green 
to act as secretary until a new governor 
should be appointed. As a majority of 
the colonists were now Protestants, Lord 
Baltimore, consistently with his general 
policy, thought it might add to the har- 
mony and prosperity of the country to 
appoint a Protestant governor, and Wil- 
liam Stone was the man selected by him. 

Under his administration, and by the 
advisement of Lord Baltimore, the As- 
sembly, on the 2d of April, 1649, passed 
the famous act of toleration. By this act 
the liberal policy of Lord Baltimore was 
distinctly established. It enacted that 
" no person or persons professing to be- 
lieve in Jesus Christ, shall from hence- 
forth be in any way troubled or molested 
or discountenanced for or in respect of 
his or her religion, nor in the free exer- 
cise thereof, or any way compelled to the 
belief or exercise of any religion against 
his or her consent." It also prohibited 
the calling of any one by any name of 
reproach on account of his belief, such 
as " heretic," " idolater," or " schismatic." 1 

This was one of the most memorable 
acts in the history of Maryland. 

Subsequently, during the continuance 
of the civil war in England, the interna 1 

* Browne and Scharfs History of Md., page 35. 



64 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I, c. 8 



tranquillity of Maryland was greatly dis- 
turbed. The religious parties in the 
colony became political — intensely so — 
and when the Protestants were in the 
ascendant, they persecuted the Catholics 
on account of their religious opinions, 
forgetful of the soul-liberty which had 
been granted to them when the Catholics 
held sway. 

When the commissioners, one of 
whom was the notorious Clayborne, of 
Virginia, and Bennet, an adherent of 
Cromwell, were sent over in 165 1 to re- 
duce the colonies on the Chesapeake to 
submission to the authority of Parlia- 
ment, Clayborne again made an attempt 
to seize the colony. A collision of arms 
ensued. Stone endeavored to maintain 
his authority, but was wounded in battle, 
overthrown and imprisoned. 

The party of Clayborne and Bennet, 
being now masters oi the colony, began 
to carry matters with a high hand, 
displacing Lord Baltimore's friends, 
and putting their own partisans into 
public offices. During these disturb- 
ances, the rights of Lord Baltimore 
were under adjudication in England ; 
and in 1656 were decided in his favor. 

He then sent Josias Fendall to suc- 
ceed Stone in the governorship, ordering 
him strictly to observe the act of tolera- 
tion, and directing him to make pro- 
vision out of Baltimore's own money for 
the support of the widows and orphans 
of those who had fallen in defence of his 
cause.* 

In the spring of 1659, Governor Fen- 
dall, in conjunction with the lower house 
of the Assembly, ventured upon an act 
intended to entirely subvert the govern- 
ment and the authority of Lord Balti- 
more, giving up the commission he held 



♦Browne and Scharf's Hist. Md., p. 41. 



for him. This act was deemed treason- 
able. 

Lord Baltimore immediately commis- 
sioned his brother, Philip Calvert, as 
governor in Fendall's stead, and in- 
structed him to assume the government 
at once, and arrest the offenders. King 
Charles II., on his restoration, sustained 
the action of Lord Baltimore, and ordered 
the authorities of Virginia to give aid to 
Governor Calvert, if necessary. But the 
people abandoned Fendall, and refused 
to support his cause. Philip Calvert 
was recognized as the rightful governor, 
and the supporters of Fendall were par- 
doned on promises to obey the laws in 
future. Peace was again restored. 

In 1662, on the voluntary retirement 
of Philip Calvert, Lord Baltimore ap- 
pointed his own son, Charles Calvert, 
governor of the colony, under whose 
rule and administration Maryland pros- 
pered for many years. 

CHAPTER VIII. 

SETTLEMENT OF NEW JERSEY. 
(1622 — 1746.) 




Early settlement — Dutch and Danes — English grant 
to Duke of York — Lord Berkeley and Sir George 
Carteret — Name of colony — Inducements to set- 
tlers — Settlement at Elizabethtown — Philip Car- 
teret, first governor, arrives with emigrants, 1 665 — < 
First Assembly, 1688— Discontents — Payment of , 
rents resisted — Philip Carteret retires — James Car- 
teret governor — Dutch authority reinstated, 1673 — 
English authority restored — Sir Edmond Andros 
governor — His tyrannical government — Lord Berk- 
eley sells out his proprietary rights — Edward Byl- 
linge — Byllinge transfers his title to Penn — Di- 
vision of New Jersey — Philip Carteret again gov- 



COLONY OF NEW JERSEY. 



65 




ernor — His character — Burlington — Duke of York's 
claims defeated — First legislative Assembly of 
West Jersey — Penn and others purchase East 
Jersey — Government organized — Robert Bar- 
clay, first governor — James II. attempts to usurp 
the government — New York claims jurisdiction 
over New Jersey — Government devolves on the 
king — Lord Cornbury, governor — Separate gov- 
ernor appointed for New Jersey — Lewis Morns, 
governor — Princeton College founded. 

[HE precise date of the first settle- 
ment of New Jersey is not ascer- 
tained; nor whether made by 
the Dutch or Danes. It is, how- 
ever, known that in 1622 the 
Danes effected settlements on the Dela- 
ware river, and at Bergen. In 1623 
the Dutch built a fort on the east side 
of the Delaware, to which they gave the 
name of Nassau. An effort at coloniza- 
tion was made by the English in 1640; 
but being opposed by both the Swedes 
and the Dutch, their attempted settle- 
ment was of short duration. In 1664, 
Charles II., King of England, made a 
grant of the Dutch colony of New 
Netherlands, after his acquisition of it, 
to his brother, the Duke of York. This 
charter conveyed the whole territory ly- 
ing between the Connecticut river and 
the Delaware. The Duke conveyed to 
Lord Berkeley and Sir George Carteret 
the territory which now constitutes the 
State of New Jersey. In compliment to 
Sir George Carteret, who had been gov- 
ernor of and who had defended the island 
of Jersey during the civil war in England, 
it was called New Jersey. 

Liberal inducements were held out by 
the Proprietaries to settlers to come into 
the colony. No rent was to be collected 
for five years ; no taxes were to be paid 
except those imposed by the General 
Assembly, or legislature of the colony, 
and liberty of conscience in religious 
matters was allowed. A settlement had 
5 



been made at Elizabethtown, and one or 
two other places, under license from 
Colonel Nicholls, governor of New York, 
who was ignorant of the transfer to Lord 
Berkeley and Sir George Carteret, which 
occasioned disputes between the settlers 
and proprietors for many years — the 
former claiming by priority of title. 
Philip Carteret, brother of Sir George, 
was the first governor of the new colony. 
He arrived in 1665, with thirty emi- 
grants, and fixed his residence at Eliza- 
bethtown. This became and remained 
the capital for several years. The first 
General Assembly met there in 1668. 
Affairs moved smoothly on till rents fell 
due in 1670; then discontents became 
general ; and resistance to their pay- 
ment was made by those who held 
their lands under the Nicholls license or 
grant. 

Philip Carteret was still governor. 
He displayed on this, as on all occa- 
sions, the qualities of a just and wise 
ruler. Concessions to popular rights 
marked his policy. In 1672 discontents 
at collection of rents became so general, 
and other disaffections so great, that he 
retired from office and returned to Eng- 
land. He was succeeded by James 
Carteret, a son of Sir George Carteret. 

In 1673 the Dutch recovered New 
York and New Jersey, but they were 
soon afterwards restored to the English. 
The Duke of York then obtained a new 
charter for both provinces in one, and 
appointed Sir Edmond Andros, the ty- 
rant, governor. All legislative power 
was vested in the governor and council, 
thus making the government entirely 
arbitrary, and utterly overriding the 
rights of the people. In 1674 Lord 
Berkeley, disgusted with the conduct of 
the Duke of York, sold his share of New 
Jersey to Edward Byllinge, an English 



66 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c. % 



Quaker, who shortly afterwards trans- 
ferred his claim to William Perm, and 
other Quakers. New Jersey then was 
divided between Penn and Sir George 
Carteret — Penn taking West Jersey, and 
Sir George Carteret, East Jersey. The 
dividing line was drawn from the ocean, 
at Little Egg Harbor, to the north- 
western corner of the province. 

In 1675 Philip Carteret, again ap- 
pointed governor, returned to the colony. 
He was a man of education and refine- 
ment, and possessed and illustrated many 
of the highest traits in the character of a 
British nobleman. He was devoted in 
his attachment to the principles of Magna 
Charta, and to the rights of the colonists, 
under it — British subjects. The inhabi- 
tants gave him a joyful and enthusiastic 
welcome. Weary of the tyranny of 
Andros, they made the occasion of his 
coming an ovation. Cannon were fired, 
flags unfurled, music, huzzas, and every 
demonstration of gladness greeted his 
advent. He postponed the payment of 
rents ; granted further concessions to the 
colonists, and, by his kind, just and lib- 
eral course, once more restored peace 
and order to the colony. But Andros 
still remained their bane and pest ; 
he destroyed their commerce, exacted 
tribute, wantonly trampled upon their 
most sacred rights ; even arrested the 
governor and transported him to New 
York. The governor was at length re- 
leased by command of the Duke of 
York. 

In 1677 Burlington, in West Jersey, 
was settled by about four hundred 
Quakers, who had arrived from England 
during that year. This province (West 
Jersey) was rapidly filled up with inhabi- 
tants, mainly Quakers. Many of them 
were persons of considerable means ; and 
being frugal, prudent, and industrious, 



the colony rapidly and greatly prospered 
in their hands. The claims of the Duke 
of York over New Jersey were persist- 
ently urged until 1680, when a legal de- 
cision was finally rendered in the English 
courts, in favor of the Proprietors ; and 
thenceforth the colony became indepen- 
dent of him. The event was as auspicious 
as the adjudication was just. 

The first Legislative Assembly of West 
Jersey met in 1681. In 1682 William 
Penn, and eleven others of the Society 
of Friends, purchased the province of 
East Jersey from Sir George Carteret, as 
we shall see.* Twelve other persons 
united with them, and to these twenty- 
four Proprietors, the Duke of York exe- 
cuted another grant or charter, where- 
under they proceeded at once to organize 
a government. Robert Barclay, the first 
governor, was appointed for life. He 
died in 1690. 

In 1685 the Duke of York became 
James II., King of England ; when utterly 
disregarding his engagements and obliga- 
tions as the Duke of York, he attempted 
to usurp the government of New Jersey. 
He would have succeeded, doubtless, in 
that effort, but for the timely intervention 
of the great Revolution of 1688, whereby 
he was dethroned. 

During the reign of William and 
Mary, who succeeded James II., New 
York again claimed jurisdiction over 
New Jersey. The disputes about juris- 
diction and title continued until the next 
reign, when the Proprietors of New 
Jersey relinquished their claim to the 
crown, and thus the government of New 
Jersey devolved upon the King of Eng- 
land, under the various charters which 
had been granted to the Proprietors. 
This took place in 1702. Queen Anne 



* Chapter on Pennsylvania. 




SCENE NEAR THE 



J SOURCE OF THE RAR1TAN RIVW 



«7) 



68 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c. »• 



united it under one'eommon government 
with New York, and appointed Lord 
Cornbury governor ; each colony, how- 
ever, retaining its own Assembly. 

The two colonies continued to be 
governed in this manner until the year 
1738, when a separate governor was ap- 
pointed for New Jersey. Lewis Morris 
was the first governor under this arrange- 
ment. The college at Princeton was 
founded in 1746, under the auspices of 
the General Assembly of the Presbyte- 
rian Church. 



CHAPTER IX. 

SETTLEMENT OF NEW HAMPSHIRE. 
(1623—1680.) 




C onflicttng accounts of the early settlements in New 
Hampshire — Grant of Plymouth Company to Fer- 
nando Gorges and John Mason to the Province of 
Maine, loth of August, 1622 — The Laconia Grant 
to the same parties, 271I1 of November, 1629 — 
Anterior Grant to John Mason, of territory desig- 
nated as New Hampshire, 7th of November, 1629 
— Claims of Massachusetts not well founded — 
The matter decided adversely to Massachusetts, 
1679. 

HE accounts given, by the best 
authorities, of the early English 
settlements in the colony of New 
Hampshire, conflict very much 
with each other. Some maintain 
that they were made in 1623, under a 
grant in 1622 by the Plymouth Company 
to Sir Fernando Gorges and Captain 
John Mason, to a district of country 
designated as Laconia. Others maintain 




that there were no permanent settlements 
made within the present limits of New 
Hampshire until after the grant of the 
7th of November, 1629, to Captain John 
Mason. 

Much of this confusion arises from the 
great number of grants made at different 
times to different parties, by the Plymouth 
Company in England, to the same district 
of country ; and out of which sprang most 
of the troubles and evils which so greatly 
retarded the early growth of this colony. 
After a very thorough investigation of 
the subject, it is believed by the author 
of this work that the following statement 
may be received as a correct narrative 
of the essential facts : 

On the 10th of August, 1622, a con- 
veyance or grant was made by the Ply- 
mouth Company in England (at the head 
of which was the Duke of Lenox), to 
Sir Fernando Gorges and Captain John 
Mason, of all the rights and jurisdiction 
vested in that corporation by their Royal 
Charter of the 3d of November, 1620, 
for colonizing in New England, over a 
district of country including part, at 
least, of New Hampshire ; but this dis- 
trict, over which their rights and powers- 
of colonization were so conveyed, was 
not designated in the grant as Laconia. 
In the title it is described as " The Prov- 
ince of Maine." The only words in the 
body of the grant on that subject are 
these, " said porcons of land, w lh y e ap- 
purtenances, the said Sr. Ferdinando 
Gorges and Capt. John Mason, with the 
consent of y c President and councill, in- 
tend to name the Province of Maine." * 
The Laconia Grant was made to the 
same parties on the 27th of November, 
1629. But under the grant to Gorges 

* Provincial Papers, etc., relating to the Province 
of New Hampshire, published by authority of the 
Legislature of the State, 1867. Vol. i., p. 12. 




a£VE IN THE WH1TK MOUNTAINS. 



(69) 



7o 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c. • 



and Mason, of the ioth of August, 1622, 
as stated, two settlements, which proved 
to be permanent, were made within the 
present territorial limits of New Hamp- 
shire. 

These were on the Piscataqua river; 
one of them near the mouth of this river, 
and near the present site of Portsmouth. 
This one was, for a long time, called 
Strawberry Bank, or Mason Hall, in 
honor of the principal house in the place, 



that at Dover under the like supervisor- 
ship of William Hilton. After these 
settlements were so made, and before the 
Laconia Grant,* to wit, on the 7th of 
November, 1629, Captain John Mason 
obtained a grant to himself alone, from 
the same Plymouth Company, for a dis- 
trict of country which included within 
its specified boundaries the settlements 
already made by him ; and to the whole 
of the district of country embraced in 




THE STATE-HOUSE, CONCORD, NEW HAMPSHIRE. 



erected by Captain Mason, under whose 
auspices the settlement was established. 
The other was higher up on the same 
river, and received the name of Dover, 
which it still bears. 

Both of these settlements were made 
in 1623, under the grant of the ioth of 
August, 1622, to Gorges and Mason. 

The settlement near the mouth of the 
Piscataqua was under the special man- 
agement of David Thompson, chief over- 
seer of Captain Mason at this place; and 



this grant was given the name of New 
Hampshire. 

It was in this grant, by the Plymouth 
corporation to John Mason, individually, 
made on the 7th of November, 1629, 
that the colony of New Hampshire re- 
ceived its name. 

After this grant, accessions were made 
to the two settlements previously estab- 
lished, but no new settlement was 



*Prov. papers, N. II., vol. I., p. 21, and p. 38. 



COLONY OF DELAWARE. 



71 



attempted for several years. In the win- 
ter of 1635-6, Captain John Mason, the 
founder of New Hampshire, died; and 
as no one for many years succeeded to 
his proprietary rights, the colony was 
neglected and made little progress. 

In 1638 a new settlement was made 
at Exeter by John Wheelright and 
some followers, who were compelled to 
leave Massachusetts on account of cer- 
tain peculiarities in their religious faith. 
In like manner the settlement at Hamp- 
ton was made in 1640, by Stephen Bach- 
eler and a few adherents. 

But after the death of Captain John 
Mason each of the settlements in New 
Hampshire was left without any govern- 
ment, except that which each constituted 
for itself. 

Dover, Exeter, Hampton, and Ports- 
mouth (as Strawberry Bank, or Mason 
Hall, was afterwards called), were each 
severally governed by its own laws, and 
they severally recognized no other au- 
thority than their own, in the adminis- 
tration of justice and the regulation of 
all local affairs. 

In 1 64 1, however, or about that time, 
Massachusetts claimed to exercise some 
sort of jurisdiction over these communi- 
ties, by virtue of certain grants by the 
Plymouth Company to that colony. The 
dispute between the government of 
Massachusetts Bay, and the rightful pro- 
prietary, under the Mason grant of the 
7th of November, 1629, was not ended 
until 1679, when it was very justly de- 
termined, by the proper authorities in 
England, against the claim of Massachu- 
setts. But during all this time the col- 
ony of New Hampshire remained almost 
stationary. It increased very little either 
in population or wealth. In 1653 the 
entire population did not exceed one 
thousand. The people, however, during 



the whole period, were greatly distin- 
guished for their sterling virtues and 
ardent love of liberty. These were as 
pure as the air from the tops of their 
own White mountains, the loftiest in 
New England. 

CHAPTER X. 

SETTLEMENT OF DELAWARE. 
(1632 — 1690). 




The Dutch — Van Rensellaer — Godyn — Bloemart — 
De Laet — De Vries — Ossetas Governor — Misunder- 
standing with Indians — Extermination of the col- 
ony — Oxenstiern — Gustavus Adolphus — Coloniza- 
tion by Swedes in 1638 — Minuits — Fort Christiana 
— Growth of colony — Jealousy between New Swe- 
den and New Netherlands — Dutch build Fort 
Casimir — Destroyed by Swedes — Stuyvesant comes 
to aid of the Dutch — The Dutch forced to terms — 
Delaware passes into the possession of New 
Netherlands — Penn acquires title — Partial separa- 
tion of the "Lower counties" from Pennsylvania. 

HIS colony took its name from 
the river and bay which form its 
eastern boundary: the river and 
bay were named in honor of 
Lord Delaware, governor of 
Virginia, who entered the bay in 16 10. 

The first attempt by Europeans to 
settle this section of country was made 
by the Dutch. Not long after the 
settlement of New Netherlands, as we 
have seen, an expedition was sent out 
from Texel, an island in the Zuydcr Zee, 
under the auspices of Van Rensellaer, 
Godyn, Bloemart, and De Laet, men of 
character and distinction in Holland. 
Godyn had previously purchased of the 




72 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c. 18 



Indians about thirty miles of territory, 
from Cape Henlopcn to the mouth of 
the Delaware river. The expedition was 
committed to the charge of De Vries, a 
celebrated navigator. The colonists, 
consisting of about thirty immigrants, 
with stores of seeds and agricultural 
implements, embarked in December, 
163 1, and landed in May, 1632. The 
place selected for their future abode 
was near where Lewiston is now situ- 
ated. On the return of De Vries to 
Holland, the affairs of the settlement 




GUSTAVUS ADOLPHUS. 

were left in the hands of one Osset as 
governor. 

A misunderstanding arose between 
him and the Indians. One of the chiefs 
was killed in the hot blood that was 
stirred up by this unfortunate occurrence. 
A general spirit of revenge was aroused 
among the savages, who, seeking an 
opportunity, fell upon the little colony 
unawares, and utterly exterminated it. 
This was within twelve months after it 
was settled. In 1637, Oxenstiern, who 
had been prime minister of Gustavus 
Adolphus, King of Sweden, determined 
to execute the wish and design of that 



great Protestant monarch and chieftain 
to found a colony in America. 

This design had been formed by him 
as early as 1626, but the German war in 
which he became involved, and in which 
he lost his life, at the battle of Liitzen, 
16th of October, 1632, prevented its exe- 
cution. Oxenstiern, in carrying out this 
design, professed "to be but the executor 
of the wish of Gustavus Adolphus." 

Under his direction and auspices, an 
expedition, consisting of two vessels, the 
Key of Calmar, and the Griffin, was 
fitted out in 1637. As many immigrants, 
comprised of Swedes and Finns, as these 
vessels could carry, reached the Dela- 
ware bay early in the year 1638. 

The general management and super- 
vision of the colony had been entrusted 
by Oxenstiern to Peter Minuits, the Hol- 
lander, who had been first governor of 
the Dutch province of New Netherlands. 
Under his direction, the first settlement 
(and which was the first permanent Eu- 
ropean settlement made in Delaware) was 
near the mouth of a creek, which he 
named Christiana, in compliment to the 
infant Queen of Sweden. Here a fort 
was soon built, to which he gave the 
same name. It was located near the site 
of the present city of Wilmington. The 
colony itself was called New Sweden. 

Other immigrants soon followed, and 
the colony increased rapidly in numbers. 
More than a hundred families came over 
in one expedition not long afterwards. 
Not generous rivalries but needless 
jealousies soon sprang up between the 
colonics of New Netherlands and New 
Sweden. 

In 165 1 the Dutch built Fort Casimir, 
on the site of New Castle, within five 
miles of Christiana. This was deemed 
by the Swedes a menacing encroach- 
ment, if not a positive insult to their flag. 



COLONY OF DELAWARE. 



71 



In 1654 Rising, the governor at that 
time of New Sweden, determined to 
seize Fort Casimir, and drive the Dutch 
away. This purpose by skill and strata- 
gem he succeeded in accomplishing ; 
but his success eventuated in the destruc- 
tion of his own colony. Peter Stuyvesant, 
the governor of New Netherlands at 
this time, treated the aggression of 
Rising on Fort Casimir as an act of war. 
He raised more than six hundred men, 
with whom he invaded the colony of 
New Sweden. Resistance to this force 
was unavailing. The entire population 
of all the settlements of Delaware did 
not much exceed one thousand persons. 
Rising therefore was forced to accept 
such terms and conditions of peace as 
were offered. These were : the quiet 
possession of all their estates by the 
Swedish colonists, upon their acknowl- 
edgment of the authority and juris- 
diction of the Dutch government of 
New Netherlands. This transpired in 
1655. 

" Such," says Bancroft, " was the end 
of New Sweden, the colony that con- 
nects our country with Gustavus Adol- 
phus, and the nations that dwell on the 
Gulf of Bothnia. It maintained its dis- 
tinct existence for a little more than 
seventeen years, and succeeded in estab- 
lishing permanent plantations on the 
Delaware." 

In 1664, when the Duke of York took 
possession of the colony of New Neth- 
erlands, as we have seen, the settlements 
on the Delaware passed with it. 

Afterwards, as we shall see, the Duke 
of York transferred to William Penn his 
rights and jurisdiction over this section 
of country, to which was given the 
name of " the lower counties of Dela- 
ware." The transfer was made in 1682. 
These Swedish settlements thus re- 



mained a portion of the colony of Penn- 
sylvania until the year 1690, when the 
deputies to the Legislative Assembly of 
Pennsylvania from these " lower coun- 
ties " raised the question that as Penn 
had only the Duke of York's convey- 
ance of his rights of jurisdiction over 
their territory, which did not extend to 
the powers of government, and had no 
royal charter granting him power of 
government over them, the lower coun- 
ties were not rightful parts of the colony 
of Pennsylvania, and they therefore with- 
drew and formed a legislature to them- 
selves for the three lower counties. In 
this way they became a distinct colony 
unto themselves, so far as concerned 
their local affairs, under the name of 
Delaware, which name they have ever 
since retained. 

Penn himself approved the separation, 
but claimed proprietary rights under the 
Duke of York's conveyance to him, 
which claim was conceded and acknowl- 
edged. 

Delaware was one of the smallest of 
the original colonies which upon their 
assumption of sovereign powers (as we 
shall see) formed the United States of 
America. This little colony, however, 
from the beginning of her existence, as 
well as throughout her career, has by 
her representative men, exerted a con- 
trolling influence upon the politics of 
the country. Her people have been dis- 
tinguished for intelligence, virtue, and 
devotion to constitutional liberty. In 
all our wars, her soldiers have been 
distinguished for gallantry and bravery. 
The appellation of " The Blue Hen's 
Chickens," given to them at an early day 
by their confederates in arms, because 
of their pluck and the emblem upon 
their flag, is still proudly cherished by 
them. 



74 



II J STORY OF THE UNITED STATES— COLONIAL. Book r. ell 




CHAPTER XI. 

SETTLEMENT OF CONNECTICUT 
(1633— 1639.) 




Settlement at Hartford by the Dutch: at Saybrook 
by Grant from Massachusetts — Settlements at 
Springfield and Wethersfield — Indian war of 1637 
— Settlement of New Haven by Davenport and 
Eaton — Convention and constitution at Hartford 
in 1639— New Haven stands aloof— The Blue 
Laws — Yale College. 

HE first settlement in Connecticut 
was made in 1633, at or near 
the place where Hartford now 
stands, by the Dutch, who had 
purchased lands from the Indians 
on the Connecticut river, and in that 



YALE COLLEGE. 

year, under the lead of Van Curler, the 
fort of Good Hope was there built. 
They were moved to this enterprise to 
keep out the English, who, they learned, 
were about to occupy the territory under 
a grant giyen by the Plymouth Company 
to Lord Warwick, transferred by him to 
Lords Say and Brook. 

The Dutch, unable to hold the country, 
yielded their claim in 1634, and the di- 
viding line was drawn, nearly the same 
as now exists between New York and 
Connecticut. In 1635 John Winthrop, 
the agent of the proprietaries, erected a 
fort at the mouth of the Connecticut, 
which he called Saybrook. In the next 
year the government of Connecticut was 
organized under a commission from Mas- 
sachusetts. In the spring or summer of 
1636 a party of about one hundred em- 
igrants, wearied with the continued 
turmoil and religious dissensions of 



COLONY OF RHODE ISLAND. 



75 



Massachusetts, set out under the leader- 
ship of Rev. Thomas Hooker and John 
Haynes, a former governor, across the 
wilderness for the fertile valley of the 
Connecticut. They arrived in July. Of 
these emigrants some remained at Hart- 
ford, some went up the river and founded 
Springfield, and some went down to 
Wethersfield. 

In 1637 John Davenport, a clergyman 
of London, and his friend, Theophilus 
Eaton, a rich merchant, with some asso- 
ciates, arrived in Boston. They were cor- 
dially welcomed and pressed to remain, 
but the religious controversies of that 
community were so incessant and harass- 
ing that they preferred to go into the wil- 
derness, where they could dwell in peace. 

Eaton, with a few men, during the 
winter explored the coast and found a 
desirable place, which they purchased 
from the natives. In the spring of 1638 
the company sailed from ■ Boston, and 
landing on the shores of the beautiful bay, 
at the spot selected by Eaton, founded 
the city of New Haven. Eaton was elected 
governor. During the remainder of his 
life, for more than twenty years, he was 
annually elected to the same office. 

At this time there were three separate 
political communities in the territory 
now known as Connecticut — Saybrook 
under the proprietaries, the Connecticut 
colony organized by Massachusetts, and 
the New Haven colony under Eaton. 

In 1639 the settlements on the Con- 
necticut river held a convention at Hart- 
ford, and adopted a constitution and 
form of government. The constitution 
was liberal, and admitted every one to 
the rights of citizenship who took the 
oath of allegiance to the common- 
wealth. No jurisdiction was allowed to 
the king. The governor and other offi- 
cers were to be elected annually, and 



the representation in the Assembly was 
apportioned ' among the townships ac- 
cording to population. 

The settlement or colony at New 
Haven remained separate under a code 
of laws of their own making, which from 
their very rigid character have been 
styled the " Blue Laws." 

Connecticut has ever been distin- 
guished for her efforts in the cause of 
education. Yale College, which has sent 
forth so many luminaries in science and 
literature, is at present a monument to 
her early and continuous efforts for the 
" increase and diffusion of knowledge 
among men." 

CHAPTER XII. 

THE SETTLEMENT OF RHODE ISLAND. 
(1636— 1688.) 




Roger Williams — Persecuted for his doctrine of "soul 
liberty" — His flight — First settlement at Seekonk 
— Compelled to seek anolherretreat — Settles finally 
at Providence, 1636 — His constitution of govern- 
ment — Embodies principles of a pure democracy 
with unrestricted religious liberty — Settlement at 
Rhode Island, 163S — Origin of the name — William 
Coddington, chief magistrate — Government like 
that of Providence — Baptist Church organized by 
Roger Williams at Providence, 1639 — Claimed to 
be first in America — Williams visits England and 
obtains charter, 1643 — Obtains another, 1663 — 
Charter temporarily repressed by usurpation of 
Sir E. Andros — Rightful government restored. 

HE colony of Rhode Island was 
founded in 1636 by Roger Wil- 
liams. This celebrated divine, 
and apostle of civil as well as 
religious liberty, deserves special 
notice in connection with the events 




HISTORY OF THE UNITED STATES— COLONIAL. 



7 6 

attending the early settlement of the 
plantations established under his aus- 
pices. He was a native of Wales, 
and born in 1599. Having been reared 
and educated in the Protestant Episcopal 
faith, and being of ardent temperament 
and thoroughly imbued with the spirit 
of piety, he entered the ministry at an 
early age, taking orders in the church 
of his fathers. Not long afterwards, 
upon a further investigation of doctrines, 
scriptural ordinances and ecclesiastical 
polity, he became a Dissenter, and con- 
nected himself with the denomination 
known as Baptists. 

He emigrated to America in 163 1, 
and settled in Salem, Massachusetts. 
He preached there regularly, and occa- 
sionally at Plymouth, enforcing his pe- 
culiar doctrinal views with great zeal and 
eloquence. His teachings, however, 
were deemed not only heretical but se- 
ditious by the Puritan fathers at both 
these places. He was arraigned, tried 
and condemned on charges of this char- 
acter ; and escaped the penalty pro- 
nounced against him by flight from 
Salem in the winter of 1635-36. 

It was about the middle of January, 
1636, according to the most reliable ac- 
counts, and undercover of night, that he 
sought safety in exile. 

His heresy, according to Bancroft, 
consisted in maintaining " that the civil 
magistrate ought to restrain crime; but 
never violate the freedom of the soul." 
"Soul-liberty," as he called it, lay at the 
foundation of his creed. He denounced 
the law that required all persons to attend 
worship as an infringement of the rights 
of conscience. 

Soon after his arrival in Massachu- 
setts, he deemed it part of his spiritual 
mission to become acquainted with the 
language, customs, habits, and manners 



Book I..c. I* 



of the neighboring Indian tribes, in order 
that he might be better enabled and fitted 
to impart to them a knowledge of the 
gospel of Christ. He cultivated terms 
of friendship therefore with the sachems 
Massasoit, Ousamequin and Canonicus. 
In the wigwams of these and other bar- 
barian chiefs, he sought and obtained for 
a while that shelter and protection which 
were denied him by his Christian 
brethren. 

He wandered " for fourteen weeks," 
according to his own statement, most of 
the time " in the bitter winter season," 
in quest of a place where he could found 
a settlement for himself, his family, and 
such other persons as might be disposed 
to link their fortunes with his own. In 
these wanderings he was alone and on 
foot. His wife and children had been 
left at Salem. 

At length, on the Pautucket (now the 
Seekonk) river, and on the east side of 
that river he found a place which seemed 
to suit his purpose. He went to see 
Ousamequin, the sachem of Pokanaket, 
within whose territory the place lay, and 
obtained from him permission to occupy 
the lands selected for the purpose stated, 
and which was so desirable for his ob- 
jects. These lands are said to be within 
the limits of the present town of See- 
konk, in Massachusetts. Here Williams 
with his own hands reared a habitation; 
and here he began to plant in the spring 
of 1636. Here, also, a few friends joined 
him ; but his and their wanderings were 
not ended. Other troubles awaited 
them. 

Governor Winslow, of the Plymouth 
settlement in Massachusetts, soon noti- 
fied Williams that Seekonk was within 
the boundaries of his jurisdiction, and as 
he was " loath to displease" the autho- 
rities at Salem, he mildly admonished 




ROGER WILLIAMS SEEKING REFUGE WITH THE INDIANS. 



(77) 



78 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I , c. 12 



him to leave his chosen location. This 
admonition Williams and five other 
friends who were with him readily 
heeded. He set out with them again 
in search of a resting place. This they 
found near the mouth of the Moshasauck 
river. The site chosen was near an ex- 
cellent spring of pure water — greatly 
noted for many years afterwards. Mere 
they renewed their work of building and 
planting ; and here the permanent settle- 
ment of the colony of Rhode Island was 
commenced. 



amequin, and to the old prince Canon- 
icus, who was most shy to all English 
to his last breath ; " and in speaking of 
Canonicus, he said that " It was not 
thousands, or tens of thousands of money 
could have bought of him an English 
entrance into this bay." 

Of his grant he said: "By God's mer- 
ciful assistance, I was the procurer of the 
purchase, not by moneys, nor payments, 
the natives being so shy and jealous, 
that moneys could not do it; but by that 
language, acquaintance and favor with 




LANDING OF ROGKR WILLIAMS AT PROVIDENCE. 



"To the town there founded, Williams, 
with his habitual piety, and in grateful 
remembrance of God's merciful provi- 
dence to him in his distress, gave the 
name of Providence." 

This place was within the jurisdiction 
of Canonicus, the chief or sachem of the 
Narragansett Indians. Canonicus was 
Williams' friend, and made him the grant 
of land for his settlement in considera- 
tion of kindness and good-will alone. 
Ol Ousamequin and Canonicus, Williams 
himself, in grateful remembrance, said : 

"When I came I was welcome to Ous- 



the natives, and other advantages, which 
it pleased God to give me." 

The foregoing is an outline sketch of 
this most remarkable man, who, fleeing 
from persecution, penetrated the wilder- 
ness with a view of establishing a colony 
where there should be perfect freedom 
of conscience in the worship of God. 
According to the most probable ac- 
counts, the wife of Williams, with her 
two children, came from Salem to Provi- 
dence in the summer of 1636, in com- 
pany with several persons who wished 
to join their exiled pastor. 



COLONY OF RHODE ISLAND. 



79 



The population of this settlement was 
soon increased considerably by immi- 
grants from Massachusetts and from Eng- 
land. It was a refuge and asylum for those 
in all countries who were persecuted and 
suffered for " conscience' sake." The 
design of Williams was " that his colony 
should be open to all persons who might 
choose to reside there, without regard to 
their religious opinions." This induce- 
ment brought many to the settlement. 
He was careful, however, to provide for 
the maintenance of law and preservation 
of order. In his constitution, every one 
forming a constituent member of the 
society was required to subscribe the 
following covenant : " We, whose names 
are hereunder written, being desirous to 
inhabit in the town of Providence, do 
promise to subscribe ourselves, in active 
•or passive obedience, to all such orders 
or agreements as shall be made for the 
public good of the body, in an orderly 
way, by the major consent of the present 
inhabitants, masters of families, incor- 
porated together into a township, and 
such others whom they shall admit unto 
•the same, only in civil tilings / " 

This written constitution, drawn up by 
Williams himself, and subscribed by 
•every member of his society, formed the 
•entire basis of the first government of the 
settlement at Providence, and evinced 
statesmanship of the highest order. It 
embodied the principles of a pure de- 
mocracy, with the exercise of unrestricted 
religious liberty. It was the germ — the 
seminal principle — of those free institu- 
tions under which the colony flourished 
for so long a time afterwards. 

On the 30th of August, 1636, a synod 
was held at New Town (Cambridge), 
Massachusetts, to settle certain religious 
■doctrines then in dispute between several 
Puritan ministers in that colony. The 



result was the condemnation of the 
tenets of quite a large class of prominent 
and influential men. These for what 
was considered their seditious principles 
were banished by the general court of 
the colony of Massachusetts Bay; they 
went in quest of a new settlement. They 
came to Providence, where they were 
kindly received by Williams, through 
whose generous assistance a gift to the 
island of Rhode Island, then called 
Aquidnick, was obtained from the Indian 
chiefs. The name of Rhode Island was 
substituted for that of Aquidnick, be- 
cause of its imagined resemblance to the 
isle of Rhodes in Greece. 

Upon this island in 1638, at Newport, 
the new-comers formed a new settlement. 
William Coddington, their preacher and 
leader, a native of England, who had 
come to Massachusetts in 1630, was 
chosen their chief magistrate. The gov- 
ernment constituted by them here was 
purely democratic, as was that at Provi- 
dence. 

At Providence, in 1639, Williams or- 
ganized a Baptist church. This was, per- 
haps, as some assert, the first regularly 
organized Baptist church in America. 

In the year 1643 Williams went to 
England as agent for both settlements, 
and through the aid of friends obtained 
from the Earl of Warwick and his council 
(who had charge of British American 
affairs at that time) a free and absolute 
charter of civil incorporation, by the 
name of the " Incorporation of Provi- 
dence Plantations in Narragansett Bay." 
This charter set forth the boundaries of 
Rhode Island, as they in the main still 
exist ; and embraced all the settlements 
upon the lands procured from the Indian 
sachems through the instrumentality of 
Williams. These settlements, and all 
afterwards made within these limits, con- 



8o 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c. 13 



tinued to be governed under this charter 
until after the restoration of Charles II., 
King of England ; and until 1663, when 
Williams succeeded in obtaining from 
this monarch another charter for the 
government of the same country, under 
the title of " The English Colony of 
Rhode Island and Providence Planta- 
tions in New England." 

This charter, without any essential 
change, remained the foundation of the 
government of the people of Rhode Is- 
land for nearly two centuries, as we shall 
see. 

For one or two years during the reign 
of James II., of England, which lasted 
from 1685 to 1688, this charter was sub- 
verted by the usurpation and tyranny of 
Sir Edmond Andros, as were all the 
other New England charters. 

The rightful officers and magistrates 
in Rhode Island under the charter of 
Charles II. were deposed, and the right- 
ful government of the colony under it 
was held in a state of repression dur- 
ing the rule of this infamous despot ; 
but as soon as he was removed from 
power the people of Rhode Island re- 
instated their former officers and mag- 
istrates, under their old charter, and 
reinstituted their rightful government, 
which had for a period been subverted 
by the exercise of unjust and tyrannical 
powers. 

Rhode Island was the smallest of the 
original thirteen colonies in the extent 
of her territory. Her land surface proper, 
excluding the waters of Narragansett 
bay within her limits, does not exceed 
1054.6 square miles. She has, how- 
ever, been distinguished from the begin- 
ning for the virtue, intelligence and 
thrift of her people, the learning and 
eloquence of her divines, and the ability 
of her statesmen. 



CHAPTER XIII. 

SETTLEMENT OF PENNSYLVANIA. 
(1630—1724.) 




The Swedes 011 the Delaware — The Dutch or Newr 
Netherlands — Duke of York — The Quakers — 
Their character and persecutions — George Fox, the 
founder — William Penn — His character — Charter 
and settlement of 16S1 — Penn arrived with colo- 
nists at New Castle, 1682— Philadelphia settled, 
16S3 — Treaties with Indians — Good faith kept with 
them by the Quaker colony — No Quaker ever killed 
by Indians — First Legislative Assembly, 1683 — 
Form of government established — Perm's influence 
with James II. in favor of Quakers and other dis- 
senters — James II. abdicated, 168S — Penn impris- 
oned and deprived of his government by William 
and Mary — Fletcher appointed — Penn restored — 
Penn's death — Benjamin Franklin — 'lie- rights of 
Penn's heirs purchased by the State. 



HE first European settlements 
made in that section of country, 
to which the name of Pennsyl- 
vania was afterwards given, were 
made by the Swedes soon after 
their arrival on the Delaware, in 163S. 
These settlements were under the gov- 
ernment of New Sweden until 1655, 
when that colony was subjected to the 
Dutch government of New Netherlands, 
as we have seen. 

In 1664, when the English Duke of 
York took possession of the Dutch col- 
ony of New Netherlands, these Swedish 
settlements, lying on the upper Dela- 
ware, passed with this conquest, as well 
as the " Lower counties," and they so 
remained for seventeen years. 

In 1681 Charles II., King of England, 
granted to William Penn a charter for 
all that section of country since known, 




COLONY OF PENNSYLVANIA. 



81 



in honor of the grantee, as Pennsyl- 
vania. He belonged to that sect of Chris- 
tians, who style themselves " Friends," 
but who are by the world styled " Qua- 
kers." 

Few chapters in human annals are 
more curious and instructive to the phil- 
osophic student of history than those 
which record the origin and principles 
of this sect of Christians. They origi- 
nated in England about the middle of 
the seventeenth century. Like 
some other sects they were of 
lowly origin. Their founder 
was George Fox, who sprang 
from the humblest walks of 
life. People of better quality 
and fashion regarded him as a 
fanatic, when, in 1648, he first 
began to preach the doc- 
trines of the new religion. 
The strangeness of his con- 
duct strengthened their con- 
viction. His apparel was a 
leathern doublet. His man- 
ners were austere and eccen- 
tric. He abandoned society 
and family that he might pur- 
sue his meditations without 
interruption ; he frequently 
wandered alone into the forest, 
spending days in hollow trees, 
with no companion but his 
Bible. One idea took pos- 
session of his soul, kindling 
an enthusiasm as earnest and intense 
as burnt in the bosom of Peter the 
Hermit, or Ignatius Loyola. It was 
a consuming fire which nothing could 
quench. Opposition, jeers, taunts, sneers, 
but fanned it into a hotter, if not holier, 
flame. That idea was the " Inner Light " 



he founded. Among them were implicit 
reliance on the inward teachings of Christ 
for guidance in all things ; the rigid avoid- 
ance of all forms, ceremonies, rites, posi- 
tive institutions and written creeds ; un- 
flinching opposition to war between na- 
tions ; the absolute equality of all men, 
alike in the civil, social, or spiritual state ; 
hostility to slavery, in whatever form ; the 
discountenancing of gaming, dancing, 
theatres, and all manner of public shows ; 




THE OLD SWEDES' CHURCH, BUILT IN 164I. 

the encouragement of the practice of 
woman-preaching; the dispensing with 
the aid of priests and a paid ministry, 
opposition to imprisonment for debt. 
They observed none of the ordinances 
recognized and respected by other Chris- 
tian denominations; they disdainfully 



—the voice of God in the soul. It was j rejected Baptism and the Eucharist. 
the seminal principle from which he de- Often persecuted themselves, they never 
rived all the doctrines peculiar to the sect I persecuted in return. 
6 



Marriage was held 



82 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I , c. 13 



by them to be a civil contract, and not a 
religious institution.* 

This sect of Christians in England 
were at that time subject to numerous 
disabilities and annoyances. Penn — one 
of the first, as he was one of the most 
distinguished, of the disciples of Fox — 
became weary of the persecutions to 
which they were subject, and formed a 
determination to seek in the New World 
an asylum for himself and his suffering 
brethren. For this purpose he obtained 
the charter. His father bequeathed him 
a claim of sixteen thousand pounds 
sterling against the government, for 
which he was willing to receive land. 

The king, Charles II., always in want 
of money, was very glad to pay this debt 
in that way, and. gave him a grant of 
twenty-six millions of acres, covering a 
territory nearly corresponding with the 
present bounds of the State of Penn- 
sylvania. 

The charter constituted Penn and his 
heirs absolute proprietors of the soil, 
reserving to the crown the allegiance of, 
and the sovereignty over, the occupants. 
They had power to make laws and to 
establish courts of justice. 

The rights of the colonists were 
guarded, and the freemen were to assist 
in framing the laws by which they were 
to be governed. The great principle of 
the right of local self-government by the 
people was, in this charter, fully recog- 
nized. 

Penn possessed many of the qualities 
essential to political leaders and founders 
of states. The rigorous principles of 
his sect — operating upon a temperament 

*In 1672 Fox visited America and the West Indies, 
and from Maryland sent out William Edmundson — 
a member of his sect — to Albemarle, North Carolina. 
The meeting held by Edmundson is said to have been 
the first of a religious kind ever held in North Caro- 
lina. — Set Moore's History of N. C, Vol. i., p. 20. 



naturally stern and impassible — seasoned 
him for the hardships of a life in the New 
World, and enabled him to overcome dif- 
ficulties which would have dispirited a 
man of more passionate courage. He 
was strong in his convictions and inflex- 
ible in his purposes — often suffering im- 
prisonment, indignities and outrages at 
the hands of those in authority, for no 
other cause than that he followed the 
" inner light of the soul." 

In his family relations he was kind and 
gentle — an affectionate husband and 
devoted father. As a statesman, broad 
and liberal in his views, he was warmly 
attached to those principles of free 
government which were then begin- 
ning to be discussed and promulgated in 
the mother country, and which he so 
zealously strove to establish in this. He 
maintained the individuality of man as 
an integral clement of government, with 
all the sacredness of a religious dogma. 
He believed, with Fox, that God had 
made each person with a distinct mission 
and an individual responsibility for which 
alone he was accountable ; that in a state 
of society each was the equal of the other 
in the essential rights of freemen ; that 
man was capable of self-government; 
that governments were simply powers to 
be exercised in trust for the benefit of 
those from whom they were derived. 

He, however, did not escape the as- 
persions of enemies, who have attempted 
to defame one of the brightest names in 
history. In common with other men, he 
had his frailties, and did many acts of 
doubtful propriety ; but they were as 
spots on the sun. His faults were the 
faults of his age; his virtues were his 
own. The impress of his character was 
deeply graven upon the epoch in which 
he lived, and the political principles which 
he taught and maintained with so much 



COLONY OF PENNSYLVANIA. 



33 



seal and ability are part of the birthright I hence P P nn. 1 • 

of American freemen. Penn's ouiet f Zll' iT^™ ™ the name '»- 



-of American freemen. Penn's quiet and 
modest manners were quite in contrast 
with the vain-glorious spirit of the age, 
when the desire for wealth and fame 
prompted most of the enterprises of the 
•day. 



serted in the grant, and was a just tribute 
to the illustrious founder of the colony. 

He was one of the most notable men 
of his age, as well as one of the greatest 
benefactors of mankind. 

To encourage immigration, Penn of- 



When He ap plied f OT his charter, ne I ^^"O^ 




WILLIAM PENN. 

^uggested the name of Sylvania; but I sand acres, at one penny per acre, and 
paries pleased with the appropriate and many Quakers became purchasers. 



beautiful designation of the new lands, 
insisted upon prefixing the name of Penn 
to that of Sylvania. He earnestly, in his 
modesty, protested, but finally yielded, 
•with reluctance, to the royal will; and 



In May, 168 1, two ship-loads of immi- 
grants came over, under the direction of 
Markham, his relative, and began a set- 
tlement near the mouth of the SchuyikiU 
river. 



8 4 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c. 15 



They were instructed to lay the foun- 
dation of a new city, with broad streets, 
and so planted with gardens as to form a 
" greene country towne." He also wrote 
to the Indians in a kind and friendly 
spirit, assuring them of his peaceful in- 
tentions, and entreating them, as children 
of the same Great Spirit, to have the 
same feelings towards the immigrants. 

Before Penn himself left England, in 
1682, he purchased from the Duke of 
York his proprietary rights over the 
three " Lower counties " of Delaware. In 
August of that year, accompanied by 
one hundred immigrants, he sailed for 
America, and landed at New Castle, on 
the 24th of October. The Swedes, 
Dutch, and English all gave him a 
hearty welcome. Other immigrants soon 
came, so that in a short time the Quaker 
population amounted to about two thou- 
sand. The new government instituted 
consisted of a Governor, a Council of 
Three, and a House of Delegates, to be 
chosen by the freemen. All were free- 
men who believed in Christ, and sus- 
tained a good moral character. '• 

A short time after his arrival, Penn 
met the chiefs of the various tribes of 
Indians in the neighborhood, and formed 
with them treaties of amity and good- 
will. He promised to treat them justly; 
a promise which was never broken ; 
and it is said that no Quaker was ever 
killed by an Indian. From the Swedish 
settlers he purchased a tract of land 
lying between the Schuylkill and Dela- 
ware, which he laid off for the building 
of his " greene country towne," to which 
he gave the name of Philadelphia. The 
city grew rapidly. In three years it had 
more than six hundred houses, and the 
colony had a population of eight or nine 
thousand. 

During the same year, 1683, a party 



from Germany settled in and near Ger- 
mantown. They soon laid out and put 
in cultivation plantations of corn and 
wheat, and being peaceable, industrious, 
and energetic, they became prosperous 
in a high degree. On the 4th of De- 
cember, 1683, the first Legislative As- 
sembly was held. The second Assembly 
was held at Philadelphia in March, 1684. 
At this session the form of government 
was somewhat modified. Laws were 
made to restrain vice. Labor on the 
Sabbath was forbidden ; and to prevent 
lawsuits, three " peace-makers " were ap- 
pointed for each county. 

Penn's presence having become neces- 
sary in England, in 1684 he returned to 
that country. After the accession of the 
Duke of York to the throne, under the 
title of James II., Penn used his influence 
with him in favor of the oppressed 
Quakers and other dissenters. In pur- 
suance of his solicitations and entreaties, 
great numbers of Quakers were liberated 
who had been in prison for many years. 
Penn's charter was the only one of the 
colonial charters that was not attempted 
to be revoked about this time. In 1688 
the great Revolution in England drove 
James II. from the throne; but for two 
years the government of Pennsylvania 
continued to be administered in his 
name. This gave quite an offense to the 
reigning monarchs, William and Mary, 
and Penn was imprisoned and his gov- 
ernment taken from him. 

Benjamin Fletcher was appointed gov- 
ernor. Some of the magistrates refused 
to acknowledge his authority, and some 
resigned. 

When the Assembly met, they refused 
to legislate under any other charter than 
that given by Charles, declaring that to 
be as good as the one given by King 
William. They never noticed the gov- 



86 



HISTORY OF THE UNITED STATES— COLONIAL. 



Rook I., c. !♦ 



crnor, and entirely ignored his presence. 
At length King William became satisfied 
that Penn's attachment to the Stuarts was 
not treasonable, and his government was 
restored to him. He sent Markham as 
his deputy ; an Assembly was called, and 
the people framed for themselves a liberal 
constitution, and refused to levy taxes 
until this was granted. When Penn re- 
turned, he approved what the people had 
done. 

In 1690 Delaware was permitted to 
have a separate Legislature, as we have 
seen. 

Penn had determined to remain in the 
colony ; but hearing that the charters of 
all the colonies were about to be taken 
away, he thought his presence in Eng- 
land necessary. The charter was ren- 
dered permanent, and the proprietorship 
remained in his family until the great 
American Revolution, when the colony 
became the State of Pennsylvania, as we 
shall sec. 

After the breaking out of that war, 
the proprietary claim was purchased by 
the Commonwealth for five hundred and 
seventy thousand dollars. Penn did not 
live to return to his colony, but, after 
a protracted illness — accompanied with 
paralysis — died near Chalfont, St. Giles, 
in Buckinghamshire, England, in 17 18, 
crowned with honors, dignities and an 
imperishable fame. He left three minor 
sons, who succeeded to the rights of 
their father. 

Six years after his death, Benjamin 
Franklin came to Philadelphia as a jour- 
neyman printer. He soon became emi- 
nent as an experimental philosopher, 
and for his great practical common 
sense. Pennsylvania and all the col- 
onies soon became proud of his name 
and fame. 




CHAPTER XIV. 

THE NEW ENGLAND CONFEDERATION. 
(1643— 1675.) 
The Pequod war — Kind offices of Roger Williams — 
Great battle on the Mystic — Seven hundred In- 
dians perish by sword and fire — Survivors sold as 
slaves — The Pequods extinguished — " The De- 
sire," the first slave ship, built in Massachusetts — 
The first slaves introduced, 1638 — Hugh Peters 
and Sir Henry Vane — Mrs. Anne Hutchinson — 
Her character and sad fate — Refugee regicides of 
Charles I. — Harvard University founded, 1638 — 
First printing-press — Confederation formed — Me- 
teorological phenomenon — Comet and earthquake. 

HE colonics of Plymouth, Massa- 
chusetts Bay, New Hampshire 
and Connecticut, as well as 
Rhode Island, having been firmly 
established, as we have seen, all 
of them with exception of New Hamp- 
shire increased in population, and grew 
rapidly in consideration and power for 
several years after their organization. 
New settlements were made and new 
towns were built up in Massachusetts 
and Connecticut. Large numbers of 
emigrants came over every year from 
England, mostly of the sect known as 
Puritans. But the Pequod war which 
broke out not only retarded the growth, 
but for a time threatened the existence 
of all these colonies. 

This war was projected by Cassacus,. 
the leading sachem of the tribe known 
as Pequods, and which was the most 
formidable, fearless and ferocious of all 
the tribes of the aborigines in New 
England. This daring chief conceived 
the idea, and determined upon its execu- 
tion, of exterminating all the English 
settlements by a union of all the Indian 
tribes against them. For this purpose 
he visited the chiefs of the Mohegans 
and Narragansetts, and endeavored to 
persuade them to co-operate with him in 



THE NEW ENGLAND CONFEDERATION. g*. 

his designs. In this purpose he most I the colonists generally to such a pitch 
probably would have been successful but j that war was determined upon by the 



for the earnest appeals and controlling 
counsels of Roger" Williams, who, as we 
have seen, had won the confidence of 
these chiefs, over whose opinion and 
conduct he exercised great influence. 
Ill-blood, however, was engendered by 
the murder of several of the colonists by 
the Pequods, as was supposed, at his in- 



colonies of Massachusetts and Connecti- 
cut. Before entering upon it, however, 
they, through the influence of Roger 
Williams, secured the alliance of the 
Mohegan and Narragansett chiefs. 

Massachusetts raised four companies, 
under the command of Captain Stough- 
ton, of Dorchester, Captain Patrick, o^ 




AN INDIAN VILLAGE IN WINTER. 



stigation. In 1634 Captain Stone and 
Captain Norton, commanding trading ves- 
sels on the Connecticut, were thus killed 
in a most savage and shocking manner. 
In 1636 Captain Oldman, commanding 



Watertovvn, Captain Trask, of Salem, 
and Rev. John Wilson, pastor of the 
church at Boston. They took the field 
against the Pequods early in 1637. Cap- 
tain Patrick, who went in advance, sailed 



another trading vessel on the same river, to Saybrook, and there joined Captain 
at Block Island, was in like manner Underhill, of Massachusetts, who had 



butchered by the Pequods, who took 
possession of the ship with its cargo. 
This outrage aroused the indignation of 



been sent out the previous winter with a 
few men to aid and protect the colonists 
of Connecticut, by strengthening the gar- 



88 



HISTORY OF THE VXITED STATES— COLONIAL. 



Book I..c 14 



rison at that post. After being joined 
by Captain Mason in command of the 
Connecticut forces, under the guide of 
friendly Indians they approached the 
forces of the Pequods, who were col- 
lected in their strongest fort, on the Mys- 
tic river. Here a battle was fought on 
the 20th of May, 1637, under the gen- 
eral direction of Captain Mason, in com- 
mand of the Connecticut forces. The 
Pequods were utterly routed, their fort 
was destroyed, and their wigwams burnt. 
It was Captain Mason who gave the 
order, " Burn them ! " This seemed to 
be the only successful way of assault 
upon the enemy in his stronghold. 
Seven hundred Indians were estimated 
to have fallen in this engagement by 
sword and fire ; many of them were 
burned to death. About two hundred 
captives were taken. They consisted 
of women and children. The loss on 
the side of the colonists was very small ; 
some say two only. Cassacus made his 
escape, and fled to the Mohawks ; by 
them or some of his own tribe he was 
afterwards assassinated. 

The women and children taken as 
captives were apportioned among the 
conquerors, the two colonies of Con- 
necticut and Massachusetts Bay, and 
their allied Indian tribes, by whom they 
were reduced to slavery. Many of them 
were sent by the Puritan fathers of Con- 
necticut and Massachusetts to the West 
Indies and there sold as slaves for life. 
In this war the great tribe of Pequods 
was extinguished. In 1636 was built at 
Marblehead, in Massachusetts, the first 
American slave-ship ; it was called the 
Desire, and was intended for the African 
slave-trade, in which most of the Euro- 
pean nations were then engaged directly 
or indirectly. The first cargo of African 
slaves brought into Massachusetts was by 



the Desire, on the 20th of May, 1638. 
Many of the most prominent men pur- 
chased slaves out of this cargo ; so that 
Massachusetts was a few years only be- 
hind Virginia in the introduction within 
the English settlements on this continent 
of this unfortunate race as slaves. 

In 1637 Hugh Peters and Sir Henry 
Vane, distinguished Puritan leaders in 
England, came to Massachusetts. Sir 
Henry Vane, from his winning manners, 
talents, acquirements and accomplish- 
ments, was very popular with all classes 
and conditions of people. He was 
elected governor of the colony. This 
highly gifted man was the eldest son of 
the baronet of that name, and was born 
at Hadlowin 161 2. Few men of his age 
had fairer prospects for rising to dis- 
tinction in his native country than he 
had when he came to America ; all the 
avenues to fame seemed to be open be- 
fore him. Mrs. Anne Hutchinson, a most 
remarkable woman, teacher and preacher, 
came over about the same time. Her 
religious doctrines put the people of 
Massachusetts into quite a ferment. 
She maintained that what was styled 
"the covenant of works" was of more 
importance than "the covenant of grace." 
These religious questions were para- 
mount to all others, and controlled pop- 
ular elections at the time. Sir Henry 
Vane sided with Mrs. Hutchinson in her 
peculiar views and opinions. By a ma- 
jority of the voters these views were 
deemed heretical and seditious. The 
result was the defeat of Vane for the 
governorship at the next election. He 
returned to England, where he acted a 
very conspicuous part in the war which 
soon broke out between King Charles I. 
and the Parliament. Mrs. Hutchinson 
and her sect were banished from Massa- 
chusetts. She sought and found refuge 






THE NEW ENGLAND CONFEDERATION. 



89 



in the colony of Roger Williams. Here 
she was kindly received, though her 
doctrines were as little acceptable to him 
as they were to her persecutors. Wil- 
liams tolerated the fullest freedom in the 
matter of all religious opinions. The 
fate of this extraordinary woman was a 
sad one. She, with a few adherents, left 
Rhode Island and settled at "Ann 
Hook," now Pelham, then under the 
jurisdiction of the Dutch. Here they 
were all massacred some years after- 
wards by the Indians, with the excep- 
tion of a granddaughter, who was car- 
ried off as a prisoner. 

In 1636 a high school was established 
at Cambridge, Massachusetts, by indi- 
vidual subscriptions; and in 1638, on the 
death of Rev. John Harvard, who left it 
a considerable endowment, it received 
his name, and is now known as Harvard 
University. It is the oldest institution 
of its character in the United States. 
The first printing-press in the colony was 
also established in 1638, by Rev. Jesse 
Glover, and put under the management 
of Stephen Day. The first matter issued 
from this press was the Freeman's Oath, 
in January, 1639 ; the second, an al- 
manac, in the same year, calculated for 
New England ; the third, Wells, Eliot 
and Mather's translation of the Hebrew 
Psalms into English verse. It is worthy 
of note, in this connection, as a historic 
fact, that the first American edition of 
the Bible was Eliot's translation of it 
into the Indian language, printed in 
1661, at Cambridge, Massachusetts. 

But notwithstanding the general pros- 
perity of these colonies, it was thought 
best, especially after the Pequod war, for 
the mutual security and protection of 
each in the enjoyment of their rights of 
local self-government, to form a confed- 
erated union between themselves. This 



was consummated in 1643. The parties 
to it were the colonies of Massachusetts 
Bay, Plymouth, Connecticut, and New 
Haven. Massachusetts, as we have 
seen, had taken civil jurisdiction over 
the colony of New Hampshire. The 
colony of Rhode Island was excluded on 
account of its general toleration of all 
religious sects and creeds. The title 
adopted for the confederation of these 
four distinct colonies was " The United 
Colonies of New England." The de- 
clared object of this confederation was 
the better protection of the lives, liberty, 
and property of the whole, against for- 
eign or domestic enemies. Each colony 
was to be perfectly free in the manage- 
ment of its own internal affairs, while 
external matters pertaining to the gen- 
eral welfare of all were entrusted to the 
management of eight commissioners, 
two of whom were to be selected by each 
colony. The only qualification required 
of the commissioners was orthodox 
church membership, as recognized in 
these colonies respectively. The meas- 
ures adopted by the commissioners so to 
be appointed were not to be binding 
upon the several colonies without their 
subsequent express sanction and ratifica- 
tion. Fugitives from service, or slaves, 
were to be delivered up on demand. 
This was the first confederation between 
any of the British colonies in America, 
and continued with general harmony until 
1685-6, when the mother country at- 
tempted the annulment of the separate 
charters of the four colonies, so confed- 
erated, as we shall see. 

One of the principal powers entrusted 
to the commissiqncrs, under the articles 
of confederation, was the regulation of 
Indian affairs. Soon after their organi- 
zation, a very important duty in this re- 
spect devolved upon them. Uncas, the 



HISTORY OF THE UNITED STATES— COLOXIAL. 



Book I., c. H 



9 

chief of the Mohegans, attacked one of | to the articles of confederation ; but 

Massachusetts insisted that, according 
to the articles of union, the commission- 
ers had no power to declare an " offensive 
war," and this, therefore, could only be 
done by the unanimous consent of all 
the colonies ; and as Massachusetts 
would not give her consent, the war was 
not declared. 

On the restoration of Charles II. of 
England, in 1660, Whaley, Goffe, and 
Dixwell, three of the regicide judges, 
who had pronounced sentence of death 
against Charles I., made their escape, 
and came to New England. A royal 
order for their arrest soon followed them. 
The commissioners for the united col- 
onies of New England issued their 
proclamation against these fugitives; but 
they, through the aid of faithful friends, 
remained undiscovered, and were never 
apprehended. Dixwell lived openly at 
New Haven, under a feigned name ; the 
other two remained in concealment, 
sometimes in Connecticut and sometimes 
in Massachusetts. 

In 1661 Governor Winthrop, of Con- 
necticut, went to England, to see after 
the charter of his colony, under the res- 
toration of Charles II. Through the in- 
fluence of the aged Lord Say, he suc- 
ceeded in 1662 in obtaining a confirma- 
tion of a charter for his colony, with 
exceedingly liberal provisions in securing 
the rights of self-government to the peo- 
ple of Connecticut, and with boundaries 
including the whole of the New Haven 
colony. The people of New Haven 
strongly opposed this invasion of their 
independence on the part of Connecti- 
cut. They appealed to the commission- 
ers of the united colonies of New 
England for redress ; but none was ob- 
tained. New Haven being thus ab- 
sorbed in Connecticut under the new 



the subordinate chiefs of Miantonomah, 
then sachem of the Narragansetts. This 
sachem, as has been stated, was the 
nephew of old Canonicus. He appealed 
to the commissioners of the confedera- 
tion for permission to make war against 
Uncas and his tribe, for the outrage com- 
mitted. Permission was granted by the 
commissioners, and the nephew of Ca- 
nonicus invaded the Mohegan territory. 
He was defeated, betrayed, and taken 
prisoner. Uncas carried him to Hart- 
ford, Connecticut, where his fate de- 
pended upon the decision of the commis- 
sioners. They held their session in 
Boston. This occurred in September, 
1643. The decision of the commission- 
ers was, that Uncas could do with his 
prisoner what he pleased, provided, that 
if he chose to put him to death, the exe- 
cution should be without torture, and 
not within the jurisdiction of any one of 
the colonics ; and if he should not put 
him to death, then Miantonomah was to 
be sent prisoner to Boston. Uncas in- 
stantly resolved upon the execution ; 
and just as soon as he had his victim 
beyond the border, he struck a hatchet 
into his head, and before life was entirely 
extinguished, cut a piece of flesh from 
the shoulder of his fallen foe, which he 
eagerly devoured, " declaring that it 
made his heart strong, and was the 
sweetest morsel he ever ate." 

In 1653 the English Council of State 
having declared war against Holland, 
the people of New Haven and Connecti- 
cut were anxious for the united colonies 
to declare war against New Netherlands. 
To consider the subject, a special session 
of the commissioners was held at Bos- 
ton in May. Six commissioners out of 
eight were in favor of the measure. This 
was a constitutional majority, according 



THE NEW ENGLAND CONFEDERATION. 



91 



charter, the two colonies henceforth sent 
out two representatives to the meetings 
of the commissioners for the united 
colonies of New England, instead of four 
as formerly. Connecticut was now di- 
vided into four- counties — New Haven, 
Hartford, Middlesex, and New London. 
Under this new charter, the colony of 
Connecticut enjoyed great liberty for a 
number of years. The entire population 
of the confederation was, at this time, 
something over one hundred thousand. 

Some important facts connected with 
the history of the colonies composing 
this confederation, of another but not 
less interesting character, may now be 
mentioned. 

On the ist of June, 1638, there was 
a great earthquake, which extended 
throughout all these colonies. Its cen- 
tre seemed to be in Connecticut. It 
shook the ships which rode in the har- 
bors, and the islands round about. It 
lasted but a few moments, but the earth 
was unquiet at times for twenty days 
afterwards. There were two great tem- 
pests also this year. The one on the 
3d of August raised the tide on the Nar- 
ragansett shore fourteen feet above the 
spring tides, and the one on the 25th of 
September caused the highest swell of 
the sea ever before observed on that 
coast. 

The winter of 1641-2 was the sever- 
est ever experienced by the colonists. 
The bay of Boston was frozen so hard 
that teams with loaded wagons passed 
from the town to the neighboring 
islands. 

In 1658 another great earthquake 
occurred ; but in 1662 there was still an- 
other, of which the accounts are much 
fuller. This was followed up by a suc- 
cession of shocks, which recurred at in- 



tervals for more than six months, ex- highest hopes of a better and brighter 



tending into 1 663. During these shocks, 
it is said, that in Canada small rivers and 
springs were dried up, and that a large 
ridge of mountains subsided to a plain. 
In 1668 a fiery comet appeared, with an 
immense coma or train, which greatly 
alarmed the superstitious, especially as an 
unusually hot summer and a very ma- 
lignant disease, which occurred at the 
same time, were attributed to its baleful, 
influence. 

CHAPTER XV. 

Virginia — Resinned. 
(1660— 1754.) 

Restoration of Charles II. — Policy of English Gov- 
ernment towards the Colonies — Heavy exactions — 
Unjust taxation — McCabe's account of it — War 
with Susquehanna Indians — Berkeley, governor — 
Nathaniel Bacon — His character — Civil war — 
Berkeley's cruelty and perfidy — Charles II. in part 
disapproves of Berkeley's conduct, but sends a fleet 
with troops to his aid — Bacon's party dissolved — 
Sad fate of Drummond — His career and character 
— Berkeley returns to England — Cold reception — 
Culpepper his successor — Lord Howard of Effing- 
ham, governor — Berkeley's death — Monmouth's 
rebellion — His adherents sold as slaves in Virginia 
and Maryland — Action thereon of House of Bur- 
gesses — Restrictions on Colonial trade under reigns 
of Charles II. and James II. — Revolution of 1688 
— Downfall of the Stuart Dynasty — William and 
Mary's accession — Founding of William and Mary 
College — Prosperity of Virginia — Religious tolera- 
tion — Mother of States«and Statesmen. 

HE intelligence of the restoration 
of Charles II. to the throne of 
England was received with un- 
bounded enthusiasm in Virginia. 
The last to acknowledge the 
Parliament — the first, after the death of 
Cromwell, to proclaim the king; the 
most devoted of all English colonists to 
the House of Stuart, it was natural that 
the Virginians should rejoice at the turn 
affairs had taken, and entertain the 




9 2 



HISTORY OF THE UNITED STATES— COLONIAL. 



Boos I , c. 15 



future. The terms in which the king 
addressed his subjects in America were 
well calculated to bestir all who had 
been attached to his cause, and keep 
alive an ardent feeling of the most ex- 
ultant expectation. But these joyous 
anticipations were doomed to carl}- and 
bitter disappointment. It became the 
policy of the government of England to 
make the commerce of the colonies en- 
tirely subservient to the interests of the 
mother-country. This policy was very 
injurious to the colonies, as it placed such 
restrictions on their commerce as, in a 
great measure, operated to destroy the 
profits accruing therefrom. 

The first act was to lay a duty of five 
per cent, on all merchandise exported 
from, or imported into, any of the colo- 
nies or dominions belonging to Great 
Britain. This was followed, in a short 
time, by the " Navigation Act," whereby 
the plan of monopolizing to England 
the commerce of the colonies was per- 
fected and reduced to a complete system. 
This act enjoined that no "commodities 
should be imported into any British set- 
tlement in Asia, Africa, or America, or 
exported from them, except in vessels 
built in England, or in the plantations ; 
of which vessels the masters and three- 
fourths of the marinevs should be English 
subjects ; and that no sugar, tobacco, 
cotton, wool, indigo, or woods used in 
dyeing, of the growth and manufacture 
of the colonies, should be shipped from 
them to any country, except England ; 
and none but natural-born subjects, or 
such as had been naturalized, should exer- 
cise the occupation of merchant or factor 
in any English settlement, under the pen- 
alty of forfeiture of goods and chattels." 

This act was extended in 1663, so as 
to prohibit the importation of any Eu- 
ropean commodity into the colonies, 



unless laden in England, in vessels nav- 
igated according to the rigid provisions 
of the act. 

The Parliament was not content with 
even these heavy restrictions on the trade 
of the colonies, but went still further in 
the work of oppression. They taxed 
the trade of the several colonies with 
each other, imposing a duty on the ex- 
portation of all commodities enumerated 
in the " Navigation Act," from one colony 
to the other, the same as that levied on 
the consumption of these articles in Eng- 
land. This system, though it may have 
been advantageous to the interests of Eng- 
land proper, was injurious to the excited 
colonies. It created opposition and ex- 
cited indignation, especially in Virginia, 
where the extensive commerce and pre- 
eminent devotion of the people to the 
king rendered the pressure of the burden 
more severe, and the infliction of it more 
exasperating. 

There was, however, some compensa- 
tion for these severe restrictions. The 
colonies were allowed the exclusive 
privilege of supplying England with 
tobacco, the cultivation of which was 
forbidden in England, Ireland, Guernsey, 
and Jersey. But the compensation did 

not equal the burthen, and the discon- 

• . . . 
tent became general. Virginia remon- 
strated and petitioned for relief, in vain. 
The king enforced the act with stern 
rigor. McCabe says : " Charles was not 
satisfied with crippling the industry of 
the colony that had remained faithful to 
him in his adversity. In order to please 
his worthless favorites at home, he con- 
sented to plunder the Virginians of their 
property. In 1649 a patent was granted 
to a company of cavaliers for the region 
lying between the Rappahannock and 
the Potomac, and known in Virginia as 
the Northern Neck. It was intended to 



COLONY OF VIRGINIA. 



9$ 



make this region a refuge for their parti- 
sans, but the design was never carried 
out. Other settlers located themselves 
there, and in 1669 it contained a number 
of thriving plantations. In the latter 
year, Lord Culpepper, one of the most 
avaricious men in England, obtained from 
the king a patent for the Northern Neck, 
having previously acquired all the shares 
of the company to whom the grant of 
1649 had been made. The patent was 
in direct violation of the rights of the 
actual settlers, and bore very hard upon 
them. But it was nothing compared 
with the next gift of the king. In 1673 
he bestowed, as a free gift, upon Lord 
Culpepper and the Earl of Arlington, 
' all the dominion of land and water 
called Virginia,' for a term of thirty-one 
years. Even the aristocratic Assembly 
was startled by this summary disposal 
of the colony, and commissioners were 
sent to England to remonstrate with the 
king. ' We are unwilling,' the Assembly 
declared, ' and conceive that we ought 
not to submit to those to whom his 
majesty, upon misinformation, hath 
granted the dominion over us, who do 
most contentedly pay to his majesty 
more than we have ourselves for our 
labor. Whilst we labor for the advan- 
tage of the crown, and do wish we could 
be more advantageous to the king and 
nation, we humbly request not to be 
subjected to our fellow-subjects, but, for 
the future, to be secured from our fears 
of being enslaved ! The commissioners 
were granted no satisfaction in England, 
and the efforts of the colony to obtain 
justice at the hand of the king failed."* 
A war breaking out with the Susque- 
hanna Indians, who ravaged the fron- 
tiers, increased the distress and aggra- 



*McC»be's Pictorial Hist. U. S., 125-6. 



vated the discontent of the people. Sir 
William Berkeley, who had been gov- 
ernor for many years, and although a 
High Churchman and Tory in politics, 
had, in the main, been sustained in his 
administration without violent opposition 
from any class, became unpopular, and at 
length the discontents and dissatisfactions 
of the people began seriously to affect his 
standing. He was accused of " wanting 
sufficient firmness and honesty to resist 
the aggressions of the mother country, 
and courage to repel the Indians." These 
charges were made and urged chiefly by 
Nathaniel Bacon, a young lawyer, gifted, 
ardent, ambitious and courageous. Ba- 
con was educated in England ; had im- 
migrated into Virginia in 1673, and was 
appointed a member of the council 
shortly after his arrival. He was pecu- 
liarly fitted by nature, temperament, 
education and taste, for popular leader- 
ship. He had genius for command ; 
unquailing courage, noble bearing, en- 
gaging address, lofty aspirations, uncon- 
querable love of liberty unmixed with 
arrogance, and a power of spoken elo- 
quence capable of touching any chord 
or stirring any passion of the human 
heart. The governor had refused or 
neglected to call the legislature together 
for more than ten years; he tamely, 
cowardly and corruptly, as was charged, 
permitted outrages perpetrated by the 
Indians to pass by, unavenged and un- 
heeded. Bacon's whole soul was afire ; 
he harangued the people upon their 
grievances ; pointed out the road to 
redress ; aroused the spirit of manhood ; 
inflamed their passions against their 
ruler, especially declaiming, with pro- 
digious energy and effect, against the 
ingratitude of Charles, the iniquitous 
system of taxation imposed upon the 
colonies, as well as the culpable inert- 



94 



HISTORY OF THE UNITED STATES— COLO NIA L. 



Book I., c. IS 



ness and shameful inactivity and callous 
unconcern which the governor had man- 
ifested in the conduct of the war against 
the Indians. He brought to his aid in 
these stirring philippics, all his resources 
of wit, logic, ridicule, and invective. 
Without warrant or authority of law, a 
multitude of men assembled and elected 
him their general. Whereupon he ap- 
plied to the governor for the proper 
commission, and for gubernatorial sanc- 
tion of the popular election. 

Governor Berkeley refused compli- 
ance, and issued a proclamation, in the 
king's name, commanding the multitude 
to disperse. The popular voice was 
loud in Bacon's favor. It would not 
"down" at Berkeley's bidding. The 
people wanted a deliverer. Bacon was 
precisely such an one as they desired. 
He was the Tiberius Gracchus of the 
crisis : " The hour and the man had 
met." But the more their demand was 
insisted on, the more firmly the governor 
adhered to his proclamation. Bacon 
was threatened with outlawry as a 
traitor; he, however, was neither intimi- 
dated nor disconcerted. Feeling that he 
had gone too far to recede — that safety 
;lay rather in advance than retreat — in- 
stead of causing his followers to dis- 
perse, he marched at the head of six 
hundred armed men directly to James- 
town, surrounded the house where the 
governor and council were assembled, 
and repeated his application for a gen- 
eral's commission. Berkeley still re- 
fused ; and going out, presented himself 
to the armed multitude, where, theatri- 
cally opening his breast, he said with an 
air of defiance, " Fire ! " Bacon, stepping 
forward, told the governor that they did 
not wish nor intend to harm a hair of his 
head , that all he and his followers 
wanted was their rights. Whilst this 



scene was transpiring outside, the coun- 
cil, within doors, were hastily preparing 
the commission, and by their importun- 
ity prevailed on the governor to sign it. 

Thus, this affair ended at the time, 
and Bacon, with his men, immediately 
started upon their march against the 
Indians ; but very soon after their de- 
parture, the council, on demand of the 
governor, or for some other cause, an- 
nulled Bacon's commission, denounced 
him as a rebel, and commanded his fol- 
lowers to deliver him up to the authori- 
ties. The governor readily approved of 
this act of the assembly, as he had signed 
the commission only at their earnest 
entreaty. 

Enraged at this treatment, Bacon and 
all his forces returned to Jamestown. 
The aged governor, unsupported and 
almost abandoned, fled to Accomac, on 
the eastern shore of the Chesapeake. 
This was regarded by the people as a 
virtual abdication. Some of his coun- 
cillors accompanied him; others went to 
their plantations. The actual govern- 
ment of the colony was, for the time 
being, in the hands of Bacon. He 
sought to give it a legal form, and for 
this purpose caused a representative 
convention of the people to assemble, and 
prevailed upon the members to pledge 
themselves to support his authority. 

The convention published a declara- 
tion, charging the origin of the troubles 
upon Sir William Berkeley, and earnestly 
urging the people to uphold and support 
Bacon against all forces, until the king 
could be informed of the true condition 
of affairs. 

Berkeley, partly by stratagem and 
partly through treachery on the part of 
friends, succeeded in effecting his return 
to Jamestown, with a view to reassert 
his authority, carrying along with him a 



COLONY OF VIRGINIA. 



95 



small force of loyalists and Indians. 
The convention called by Bacon, and 
the popular government set up by its 
authority, assembled where Williams- 
burg was subsequently built. 

A party of Bacon's men attacked and 
burned Jamestown. The colony was now 
in a state of civil war. Bacon's party 
laid waste that part of the country whose 
inhabitants adhered to Berkeley's admin- 
istration and confiscated their property. 

The governor retaliated with ven- 
geance; seized the estates of many of 
his opponents, and had executed, by his 
own arbitrary order, several of the 
leaders. When intelligence of the trou- 
bles reached England, the king was 
.greatly exercised; while disapproving 
much that Berkeley was doing, he, never- 
theless, issued a proclamation declaring 
Bacon a traitor, and promising pardon to 
all who would abandon his cause. He 
also dispatched a fleet with troops to the 
.assistance and succor of Berkeley. But 
a new and unexpected turn was given to 
the course of events by the sudden ill- 
ness and death of Bacon. So completely 
had he been the master-spirit of the 
storm — the very soul of the movement 
— that the cause expired with him; the 
hopes of his followers sunk into despair; 
his party dissolved; and without any 
attempt at reorganization, without mak- 
ing choice of another leader, they laid 
down their arms, and were glad to ac- 
cept the terms prescribed by the gov- 
ernor — a promise of general pardon. 
Universal amnesty was proclaimed, but 
most perfidiously observed. William 
Drummond, who in former years had 
been on terms of personal intimacy with 
Berkeley, and who had been appointed 
the first Governor of North Carolina, at 
Berkeley's instance, but who sympa- 
thized with the popular movement and 



sustained Bacon in his efforts to obtain 
redress of grievances — an able, amiable, 
and excellent man — was apprehended 
and carried a prisoner before Berkeley. 
The malignant ferocity of his nature as- 
serted itself; and greeting the venerable 
captive with a bow, he said : " Mr. 
Drummond, you are very welcome ; I 
am more glad to see you than any man 
in Virginia. Mr. Drummond, you shall 
be hanged in half an hour ! " Drum- 
mond met his sentence with dignity, 
and faced his fate with composure and 
courage. This was but one of many 
similar acts of brutal outrage and cruelty 
perpetrated by Berkeley. 

Such was the termination of a civil 
war, which, for a while, seemed to 
threaten the existence of the colony. 
Many valuable lives were lost, and much 
property was destroyed by a resort to 
arms, which effected no good result and 
accomplished none of the great objects 
for which it was inaugurated. Whether 
the outbreak may properly be termed 
a rebellion and Bacon be justly charac- 
terized as a traitor and usurper, are 
questions upon which historians are not 
agreed. 

Berkeley returned to England in the 
year 1678. His successor in office was 
Culpepper, who was appointed governor 
for life. He was, however, displaced in 
1683 or 1684. Lord Howard, of Effing- 
ham, was appointed to succeed him. 
The chief purpose of Berkeley in going 
to England was to right himself with the 
king. He was grievously disappointed. 
His reception in England was not for- 
mal only — it was cold. Opinion in 
Parliament and the court had reversed its 
old channel and was bitterly opposed to 
him — from the zenith he had fallen to 
the nadir. Charles, who ever looked to 
the orient, never to the Occident, treated 



9 6 



HISTORY OF THE UNITED STATES— COLO. XI A L. 



Book I., c. IB 



him with entire neglect. Some histor- 
ians state that even a formal audience 
was never granted him by the king. It 
is related that Charles said of him : 
" That old fool has hanged more men in 
that naked country than I have done for 
the murder of my father ! " When this 
truthful and embittered utterance of the 
king came to the ears of Berkeley the 
wretched old man was powerless to 
withstand the blow : it was terrible pun- 
ishment, justly deserved and mercilessly 
inflicted. His health rapidly declined ; 
he sickened, and within two years from 
his arrival in England, died, broken- 
hearted and in disgrace. There was 
"none so poor to do him reverence." 

*n the month of June, 1685, occurred 
in England the rebellion of James, Duke 
of Monmouth. Upon its suppression, 
many of the persons implicated in it 
were transported to Virginia and Mary- 
land to be sold as slaves for the term of 
ten years. The Virginia House of 
Burgesses declared them free. 

The restrictions on the commerce of 
the colonies continued throughout the 
reign of Charles II. ; and remained un- 
changed throughout that of James II. 

The great revolution of 1688, whereby 
William and Mary were placed upon the 
throne, put an end to the Stuart dynasty, 
relieved those iniquitous restrictions on 
the commerce of the colonies, the evils 
of internal taxation, and opened an era 
of progress to the American settlements 
such as had not been seen or felt before. 
England, equally with her trans-Atlan- 
tic colonies, shared the benefits and 
blessings of the changed order of affairs 
and of policy. 

During the reign of William and Mary 
a college was established in Virginia, on 
which the sovereigns bestowed munifi- 
cent patronage, and to which they gave 



their names. The king granted to the 
college all outstanding quit-rents to the 
value of two thousand pounds, and, also, 
other valuable grants. 

From this period Virginia enjoyed 
almost uninterrupted peace, was pros- 
perous and grew in wealth, population, 
and consideration till the breaking out 
of the old French war in 1754. The 
interval covers a term of more than half 
a century. Her central situation, remote 
alike from the French in Canada and 
the Spaniards in Florida, preserved the 
colony from their hostile invasions, and 
there was comparative civil repose within 
her borders. 

Religious intolerance disappeared; al- 
though Episcopacy continued to be the 
established church, the laws against 
dissenters were a dead-letter, and all 
persons of whatever creed or sect were 
allowed to worship God as they pleased, 
without let or hindrance. Virginia, — 
" The Old Dominion," — as she was 
styled, subsequently became, as wc shall 
see, the worthy mother of States and 
statesmen. 

CHAPTER XVI. 

SETTLEMENT OF NORTH CAROLINA. 
(1663— 1670.) 




Colony first named by French in honor of Charles 
IX. of France — Early attempts by Raleigh to make 
English settlements, failures — Ralph Lane — John 
White — Eleanor and Virginia Dare — Sad fate of 
colonists — Raleigh's death — Heath's patent — Set- 
tlements by Roger Greene and George Durant, 
without grant — Charter of Charles II., in 1663, to 
the Clarendon company — Name of colony retained, 
but in honor of Charles II. of England — William 



COLONY OF NORTH CAROLINA. 



w 




'Drummond, first governor under new charter — Sir 
John Yeamans founds colony of Clarendon on 
Cape Fear river — Made governor thereof — Clar- 
endon and Albemarle united under one govern- 
ment, 1670 — Samuel Stephens, governor — Legisla- 
tion of 1669 — Edmondson, the Quaker — John 
Locke's grand model of government — Comments 
thereon. 

^ HE coast of what is now known 
as North and South Carolina 
was first explored by the French 
in 1563, and the country called 
by them Carolina, in honor of 
Charles IX. {Carolus), King of France. 
No permanent colonization, however, 
was made by them. A small number 
of Protestants, consisting of twenty-six 
persons, settled at Port Royal, Carolina, 
in 1563, under lead of John Ribault, but 
no reinforcements being sent, they aban- 
doned the place, and returned to France. 
In 1564 Admiral De Coligny, the great 
Protestant leader of France, was first to 
send out a new expedition under Lau- 
donniere. But these settled on the coast 
of Florida, on the river May, now called 
St. John's. So matters remained until 
Sir Walter Raleigh's patent or charter 
was issued in 1584, and under it he at- 
tempted twenty-two years before the 
founding of Jamestown in Virginia, as 
heretofore stated,* to make the first set- 
tlement within the present limits of the 
United States by the English. 

He first sent out two ships, com- 
manded by Philip Amidas and Arthur 
Barlow, who explored the coast of North 
Carolina, first entering Trinity Harbor, 
near the isle of Roanoke. The land was 
found very fair and promising, the na- 
tives received them kindly, and two of 
dieir chiefs consented to accompany the 
expedition back to England. These 
were Manteo and Wanchese. On the 



*Ante, p. 29. 



return of this expedition, Sir Richard 
Grenville, a relative of Sir Walter Ra- 
leigh, and one of the best and bravest 
admirals of the age, was induced by him 
to conduct out a colony consisting of one 
hundred and eight persons, to make a 
permanent settlement at this place. 

Philip Amidas was second in com- 
mand of this expedition. Ralph Lane 
was sent out as governor. Manteo and 
Wanchese returned with the fleet; Man- 
teo, whose residence was at Croatan, 




SIR WALTER RALEIGH. 

remained a firm friend of the whites, but 
Wanchese seems to have been embit- 
tered by his voyage to England. 

Lane, after fortifying Roanoke island, 
attempted explorations in the interior. 
He ascended the river bearing the same 
name for a considerable distance. By 
injudicious conduct on his part or that 
of the men with him, hostile feeling 
was engendered in the breasts of the 
Indians. On the night of the fourth 
day of their journey, an attack was made 



9 8 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c. 16- 



upon them by the Tuscaroras, a formida- 
ble tribe inhabiting that section of the 
country. He returned, and it was soon 
discovered that a conspiracy was formed 
with all the neighboring tribes for the 
destruction of the colony. 

Fortunately when their situation had 
become exceedingly critical, Sir Francis 
Drake arrived with a fleet of twenty- 
three vessels, and upon request of Gov- 
ernor Lane took the entire colony back 
to England. Their sojourn was only a 
few months. Soon after the abandon- 
ment of the island by Lane and those 
with him, Sir Richard Grenville came 
with a new supply of provisions, but 
finding the place deserted, the colonists 
all gone, he left fifteen men to hold and 
protect the post. Not disposed to give 
up the enterprise on account of Lane's 
failure, Sir Walter Raleigh again sent 
out John White, in 1587, with another 
colony, consisting of one hundred and 
seventeen men, women and children. 

The orders were to settle on Chesa- 
peake bay, but the fleet narrowly escap- 
ing destruction off Cape Fear, they came 
to anchor at Trinity Harbor and again 
took possession of Roanoke island. The 
men left by Grenville two years before had 
all disappeared, with no memorial of their 
fate save a single skeleton. The Indians 
had doubtless murdered them, and the 
tale they told of the disappearance of the 
colonists, and their removal elsewhere, 
was only to avoid English vengeance.* 

Among the women brought over by 
White was his daughter Eleanor, the 
■wife of Ananias Dare, who soon after 
the landing at Roanoke became the 
mother of a daughter who received the 
name of Virginia. Virginia Dare was, 
therefore, the first-born of American- 
English colonists. Manteo, the old In- 



* Moore's Hist. N. C, vol. i., page 8. 



dian chief, received the new-comers- 
kindly, and was baptized according to 
the rites of the English Church, in Au- 
gust, 1587. White remained on Roan- 
oke only about six weeks, and returned 
for the purpose, he said, of procuring 
assistance; but in fact did not make his 
reappearance within three years, though 
Raleigh had furnished him with two 
ships for that purpose. 

His re-entry into Trinity Harbor was 
in August, 1590. The men, women, 
and children lefc by him in 1587 had all 
disappeared. On a tree was deeply cut 
the word " Croatan." This indicated 
that at least some of the colony had 
gone to that place, where resided Man- 
teo, their Indian friend. Yet White 
made no search for the lost ones, though 
it had been agreed upon when he left 
them that if any misfortune should befall 
them, to cause their removal elsewhere, 
they should mark on a tree the name of 
the place to which they might go. His 
conduct in this particular was exceed- 
ingly strange and unaccountable, for 
Croatan was not above fifty miles from 
Roanoke. Yet, notwithstanding his 
daughter and granddaughter were among 
the unfortunates, he sailed for the West 
Indies, passing in plain view of Croatan, 
without stopping or inquiring as to the 
fate of his comrades, not even his own 
flesh and blood. So failed the several 
attempts of Raleigh to effect an English 
colonization in America. These pro- 
jected enterprises had cost him at least, it 
is said, a million dollars in the present 
currency of the United States. 

This failure was a great calamity to 
one of the greatest geniuses and states- 
men ever reared in England, but not so 
great as the other heavier one which soon 
befell him, when, to the shame of the 
age, his head was brought to the block 



COLONY OF NORTH CAROLINA. 



99 



by order of James I., in execution of an 
old and unjust judgment for treason. 

No other attempt was made to colon- 
ize this region for many yeans. In 1630 
Sir Robert Heath obtained a patent for 
an extensive region lying south of the 
thirty-sixth degree of north latitude, but 
as he made no settlements, his patent 
was declared void, after a few years. In 
the years 1640-3 numbers of persons 
from Virginia, Massachusetts, and other 
colonies, as well as from other countries, 
sought refuge from religious persecution 
in the wilds and beautiful "summer 
lands" of North Carolina, about the 
river Chowan, and what is now known as 
the county of Albemarle. They settled 
these lands without grants from any quar- 
ter except from the natives, to whom they 
made liberal compensation, and erected 
for themselves in a wilderness such free 
institutions of civil and religious liberty 
as they needed for their own protection 
and happiness. Amongst those bold 
adventurers moved by a kindred spirit 
to that of Williams, of Rhode Island, 
who sought these lands for protection, 
was Roger Green, a Presbyterian, who, 
with his associates, in 1653 settled on 
the banks of the Chowan river. A few 
years afterwards George Durant, a de- 
voted Quaker, purchased from the Yeo- 
pim Indians a portion of land in Perqui- 
mans county, which still bears his name. 
On this he, with several of his brethren, 
made a settlement. The exact number 
of emigrants from all parts of the world 
who had at this time sought refuge in 
this portion of North Carolina is un- 
known, but from all accounts it must 
have been considerable. News of these 
settlements reached the authorities in 
the mother country chiefly through 
Governor Berkeley, of Virginia. The 
result was that in 1663 another grant was 



issued for the whole country from thir- 
tieth to the thirty-sixth degree of north 
latitude by Charles II., King of England, 
to the following proprietors, viz. : Ed- 
ward, Earl of Clarendon; George, Duke 
of Albemarle; William, Earl of Craven ; 
John, Lord Berkeley; Anthony, Lord 
Ashley; Sir George Carteret; Sir John 
Colleton; and Sir William Berkeley, 
then Governor of Virginia. The land 
covered by this territory was to be 
known as Carolina in honor of Charles 
(Carolus), King of England, by whom the 
grant was made. In this way the name 
first given to this section of country by 
the French was continued, though in 
honor of a different monarch. Of these 
proprietors, Moore, in his History of 
North Carolina, vol. i., page 15, gives 
this vivid description: "The Earl of 
Clarendon was a great lawyer and states- 
man, and like his colleague, Lord Ashley,. 
rose to be Lord Chancellor. He was 
an ambitious and grasping man, who lost 
the king's favor in his old age ; he left two 
granddaughters who became Queens of 
England. General George Monk was 
a morose, dull, easy conscienced officer 
of Cromwell, and was made Duke of 
Albemarle for the part he took in bring- 
ing about the king's restoration. Lord 
Ashley became the famous Earl of Shaf- 
tesbury, and yet has two lasting monu- 
ments to his memory. He added the 
writ of habtas corpus to the constitu- 
tional rights of all Englishmen, and had 
his portrait drawn in Absolam and Ar- 
chitophel by the master-hand of John 
Dryden. He was talented, intriguing, 
and profligate, and was the greatest 
demagogue his famous land has yet 
produced. Of the other proprietors, 
Sir William Berkeley was the most no- 
table. He is immortal for conjoined 
bigotry and cruelty." 



IOO 



HISTORY OF THE UNITED STATES— CO LOA 'J 'A I. 



Book I., c. 18 



On the organization of this company 
Sir William Berkeley, who was then Gov- 
ernor of Virginia, procured the appoint- 
ment of William Drummond, a Scotch 
settler, then residing in Virginia, as gov- 
ernor of this new colony in North Caro- 
lina. He was a man of prudence and 
intelligence, and with feelings in sym- 
pathy with the masses of the people 
everywhere. He was no sycophant of 
power. The first thing he looked after 
on entering upon his new commission 
was to consult Durant and other settlers, 
whose occupancy ante-dated his powers 
and jurisdiction. He soon came to 
amicable terms in relation to the future 
tenures of the lands, and the general 
system of government to which they 
would give their obedience and support. 
Two years afterwards an additional grant 
of land was procured by the proprietors 
to cover a tract of territory stretching 
from the present Virginia line to the 
mouth of Chowan river, which had not 
been included in the former grant. The 
first session of the Legislature of this 
colony, known as the General Assembly 
of Albemarle, met in 1665, in a private 
house. There was no public building. 
In February, 1664, Sir John Yeamans, 
a man of intelligence, family and wealth, 
came from the Barbadoes in search of a 
place to found a new settlement and 
colony within the jurisdiction of the re- 
cently created proprietors. 

He ascended the northeast Cape Fear 
river up to its junction with Old Town 
creek, and selected what he deemed a 
suitable place. After purchasing the 
Indian title to the soil, he applied to the 
proprietors for permission to found a 
colony. This was granted. He returned 
to the Barbadoes, and came back with 
a colony of eight hundred followers, 
arriving on the 29th of May, 1665. The 



settlement, called Charlestown, was es- 
tablished eight miles, it is said, below 
the present city of Wilmington, and he 
was appointed governor and commander- 
in-chief of the new colon)-; the county 
was to be known as Clarendon.* The 
subsequent history of this settlement is 
not only exceedingly interesting, but 
romantic. North Carolina now consisted 
virtually of two colonies with two gov- 
ernors ; that of Albemarle, on the east, 
was under the authority of Governor 
Drummond ; and that of Clarendon, on 
the Cape Fear, was under Governor 
Yeamans. But in 1670 they were united 
under the name of North Carolina; and 
subject to the same government. In 
1667 Governor Drummond resigned and 
returned to Virginia. He was succeeded 
by Samuel Stephens. On Drummond 's 
return to Virginia he soon incurred the 
resentment of Governor Berkeley, and 
suffered the penalty of death for alleged 
complicity in Bacon's rebellion. 

Stephens was an able and beneficent 
governor. 

The earliest recorded legislation of 
the colony was effected under the ad- 
ministration of Stephens in 1669. It 
was under a sort, of improvised con- 
stitution in advance of the one after- 
wards sent out by the proprietors. 

It is deemed pertinent in this connec- 
tion to reproduce an incident given by 
Moore, of a Quaker preacher in Albe- 
marle county about that time. " William 
Edmondson," says he, "a leader among 
the new sect of Quakers, arrived with 
the celebrated George Fox in 1672, and 
was despatched from Maryland by him, 
as his precursor, to the county of Albe- 
marle. His first sermon was at the 
Narrows of Perquimans river, where 
dwelt John Phelps, and where the town 

* Bancroft, vol. i., 142. Moore, vol. i., 16, and others. 






COLONY OF NORTH CAROLINA. 



IOI 



of Hertford was afterwards built The 
rude sons of the forest shocked the sen- 
sibilities of some of the good Friends by 
smoking their pipes during the silent 
portion of the devotional exercises. This 
apostle of a new creed was not with- 
out his reward, and made converts among 
his disorderly audience. This is said 
to have been the first religious meeting 
ever held in North Carolina."* Some 
assert that Fox himself visited North 
Carolina about this time, but the fact 
does not seem to be fully authenticated. 

Stephens died in 1673. Among the 
last of his official acts was the promul- 
gation of the famous Fundamental Con- 
stitutions, known as the "Grand Model," 
prepared at the instance of the lords 
proprietors, by John Locke, the great 
English philosopher. There never was 
a more unwise experiment tried upon 
any people than was that of this eminent 
scholar, profound thinker and renowned 
writer. Its failure was complete. Moore 
well says of Locke, in connection with 
this measure: "This wise and excellent 
man made the natural mistake of at- 
tempting to legislate for a people of 
whose wants he was ignorant, and who 
were equally averse to the titles and 
pageantry which were the essence of his 
system." f 

No better proof than this could well 
be adduced to establish the truth — 
founded in the nature of things, and 
therefore universal in application — that 
constitutions of governments, whether 
written. or unwritten, must grow. They 
cannot be made to order. They are 
simply the skins, coverings, or shells, 
which every individual, self-sustaining 
political organism, society or state 
throws out for its protection and preser- 

* Moore : s Hist, of N. C, vol. i., page 20. 
f Ibid., page 18. 



vation by the natural innate forces of its 
own life, growth and development. 

CHAPTER XVII. 

north Carolina — Continued. 
(1670—1729.) 

Carteret succeeds Stephens — Resigns — Eastchurch 
appointed, with Miller to act in his stead while ab- 
sent — Miller displaced by John Culpepper, 1677 — 
Culpepper tried for treason — Acquitted — John 
Harvey, governor — Disorders continue — Seth 
Sothel — Ludvvell, governor — Lillington, governor 
— " Grand model " of Locke abrogated — Quiet 
ensues — Daniel, governor — Disturbances — At- 
tempt at church establishment — Carey, deputy-gov- 
ernor — Union of Quakers with him — Rupture — 
Archdale — Porter — Mission to England — Porter's 
success — Glover, governor — Bigger quarrel than 
before — Moseley takes lead — Carries the day 
against test oaths — Edward Hyde, governor — 
Swiss settlement of De Graffenreid — Hyde's first 
Legislative Assembly — Factions rule — Majority op- 
posed to Carey — Prosecution for embezzlement — 
Arrest resisted — Great excitement — Appeal to arms 
— Virginia called on for aid — On arrival of Virginian 
troops Carey abandons contest and leaves the col- 
ony — Indian conspiracy — Massacre of whites by 
Tuscarora and Coree Indians — General war — 
Colony in extreme peril — Virginia and South Car- 
olina appealed to for aid — Colonel Barnwell brings 
regiment of whites and friendly Indians from 
South Carolina in response to appeal — Battle of 
the Neuse — Handcock, a Tuscarora, heads the 
Indians — Desperate fight — Barnwell victorious — 
Treaty of peace — Broken by Handcock — War 
renewed — Yellow fever appears — Death of Hyde 
— Pollock, governor — War — Virginia and South 
Carolina again called on for aid — Colonel James 
Moore comes to the rescue — Wins great battle — 
Nahauck — War ended — Tuscaroras leave to join 
Iroquois in New York — Eden, governor- -Moseley 
leads legislature — Settles question of church es- 
tablishments and test-oaths — Burrington, governor 
— Virginia boundary settled — Lords proprietors 
sellout to the king — The colony becomes subject 
to the crown under limitations of the charter. 

- OVERNOR STEPHENS was 
popular in his administration 
of affairs in everything save in 
his attempt to enforce the hun- 
dred and odd articles of this 
" grand model " of government which was 




102 



HISTORY OF THE UXITED STATES— COLOXIAL. 



Book I., c. 17 



such a favorite object with the propri- 
etors, and the " Navigation Act," which 
was another favorite of theirs. 

These two measures were alike ex- 
tremely objectionable to the people of 
the colony. Stephens was succeeded 
by George Carteret, who was, at that 
time, president of the council. He met 
with more violent opposition to the exe- 
cution of the proprietors' favorite meas- 
ures, and especially the enforcement of 
the "grand model," than even Stephens 
had encountered. Opposition was so 
great that he soon retired from his posi- 
tion, resigned his office, and returned to 
England in disgust, leaving the adminis- 
tration, as he said, " in ill order and 
worse hands." The lords proprietors in 
1676, appointed Eastchurch, one of the 
colonists, then in England, as Governor 
of Albemarle ; Miller, another colonist, 
also in England, was appointed secre- 
tary, with power to act as governor, in 
the absence of Eastchurch. Miller had 
been arrested under order of Carteret 
for sedition, and contrary to all law was 
sent for trial before Governor Berkeley, 
of Virginia. Before that tribunal, he was 
acquitted, and had then gone to England 
to make favor with the proprietors. On 
his return with his new commission, and 
in the absence of Eastchurch, while ex- 
ercising the office of governor, his first 
attempt was to enforce the Navigation 
Acts ; but George Durant, the Quaker 
chief, backed by a strong party, was re- 
solved to thwart him in his purpose. 
Durant was the oldest settler living, and 
had great influence, from his wealth. A 
conflict ensued over a New England 
skipper, named " Gillam." Miller at- 
tempted to board the vessel for the pur- 
pose of arresting Durant, who was on 
the skipper. John Culpepper, a man 
quite noted in the colonial history of 



I North Carolina, about this time, and 
several of his friends and adherents who 

; were on hand, took part with Durant, 
who seized and imprisoned Miller. This 
occurred in December, 1677. Governor 
Miller and seven deputies appointed by 
the lords proprietors were all committed 
to prison. The public funds were also 
seized by Culpepper and his crowd. A 
paper was drawn up, setting forth the 
enormous and aggravated misdeeds of 
Miller, while acting as governor, and 
published with the signatures of several 
of the most prominent men of the colony 
in justification of what they had done. 
This was sent to the lords proprietors. 
In this state of tilings, Governor East- 
church arrived. He had been delayed 
in the West Indies, while Miller had 
been acting in his stead. He found 
Culpepper in office, who refused, on 
demand, to give it up. Eastchurch be- 
took himself to Virginia, and sought 
help at the hands of Chickerly, then 
governor of that colony, but died before 
any favorable response was made to his 

\ appeal. North Carolina historians have 
dwelt with a great deal of severity on 

( Culpepper, but it seems to unbiased 
minds, upon scanning impartially all the 
facts and surroundings, that he was not 
so bad a man as he is represented to 
have been. The people had real and just 
cause of complaint, and he was in sym- 
pathy with them. Between the propri- 
etors and colonists there was a contest 
for right on one side and for wrong and 
oppression on the other. Whether right- 
fully or wrongfully, John Culpepper re- 
mained undisturbed in office for two 

I years and performed its duties, it seems, 
to the entire satisfaction of the people. 
He then went to England to make his 
explanations before the lords proprietors. 

s Here he was confronted by Miller, who 



COLONY OF NORTH CAROLINA. 



103 



had made his escape from prison. 
Culpepper was tried for treason, in the 
Court of King's Bench, 1680. The Earl 
of Shaftesbury defended him. The chief 
point of his defence was that '■ there had 
(never been any regular government at 
Albemarle, and that its disorders were 
only feuds between the planters, which 
could only amount to a riot." 

This seems to have really been the 
truth of the case. Culpepper was ac- 
quitted, and returned to America. He 
was next heard from as one of the pro- 
jectors of the city of Charleston, South 
Carolina. The state of things in Albe- 
marle was still unsettled. John Harvey 
was first appointed governor after Cul- 
pepper went to England. John Jen- 
kins soon succeeded him. Then came 
Henry Wilkinson. These all found 
themselves to be as unable to quiet 
public affairs as did Carteret when he re- 
signed and retired. The times were so 
disordered and distempered, that many 
of the best inhabitants quit the colony 
and sought refuge elsewhere. The no- 
torious Seth Sothel, upon the death of 
the Earl of Clarendon, had purchased 
the latter's interest in the Carolina 
charter. He was chosen by the lords 
proprietors to be governor after Wilkin- 
son in 1680, but owing to a mishap at 
sea did not reach Albemarle until 1683. 
Moore says of him : " It would have 
been better for the colony if he had 
never come. By common consent he is 
remembered as the most beastly and 
detestable man ever permitted to rule 
in America. He broke up all trade 
between the colonists and the Indians, 
that he might monopolize the profits. 
He seized and confiscated, without the 
shadow of cause, merchant ships and 
their cargo. He imprisoned Thomas 
Pollock for attempting to appeal against 



his rapacity, and George Durant, having 
expressed disapprobation of his course, 
received like treatment and further in- 
jury. He stole negroes, cattle, planta- 
tions, and even pewter dishes were not 
exempt from his filthy and rapacious 
hands. All his sympathies were with 
villains like himself, and no man could 
be prosecuted to punishment who had 
money to bribe the governor. For five 
years was this monster endured, when, 
in 1688, the people seized his person 
with the purpose of sending him to Eng- 
land for trial. He added cowardice to 
his other enormities, and fearing judg- 
ment if he were tried in Westminster, he 
begged that the General Assembly 
would take jurisdiction, and punish him 
as he deserved. He was found guilty 
of all the charges, and compelled to 
leave the country for twelve months and 
the office of governor for all time."* 

In 1689 Philip Ludwell, of Virginia, 
was appointed Governor of Albemarle. 
He remained in office four years, and 
was succeeded by Major Lillington. Of 
the latter Moore says that " he, in addi- 
tion to the wisdom of his rule, was the 
founder of a family and name to be 
long and widely reverenced in Carolina. 
His administration was further marked by 
the abrogation of Locke's cumbrous 
system of government, which event oc- 
curred in April, 1693."! From this 
time there was less opposition on the 
part of the people to those in authority. 
After this there were several governors 
without any marked events in their ad- 
ministration. They were Thomas Har- 
vey, John Archdale and Henderson 
Walker. The last of these had been at- 
torney-general, and married the daughter 
of Alexander Lillington. He died in 
1704, when about forty-four years of 

* Moore's Hist, of N. C, vol. i., p. 26. f Ibid., p. 27. 



104 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c. 17' 



age. At this time Albemarle was en- 
joying peace and prosperity. The pop- 
ulation of the colony had reached be- 
tween five and six thousand people. 
Robert Daniel succeeded Walker as 
governor. Under his administration 
quite a disturbance arose. The gov- 
ernor was instructed to have passed 
through the Assembly an act to estab- 
lish the Church of England in the col- 
ony. The great body of the people 
violently opposed this movement, but 
the passage of the act was secured, "and 
parishes were established and provisions 
made fcr the erection of churches and 
the purchase of glebes." On appeal to 
the Parliament in England, the House 
of Lords sustained the appeal and de- 
cided against the validity of the act. 
Daniel was succeeded as governor in 
1705 by Thomas Carey as deputy-gov- 
ernor. John Archdale and his Quaker 
friends, it is said, used their influence to 
bring about this arrangement, and this 
may have been the foundation for the 
suspicions so generally promulgated in 
high quarters, that Carey and the 
Quakers a few years after were acting in 
concert in matters of great importance 
injuriously affecting the public interests 
and tranquillity. Carey's first acts were 
not such as to conciliate the Quakers, 
but on the contrary to offend them. He 
held that the test-oaths should be en- 
forced. They sent John Porter, one of their 
fraternity — a very distinguished man in 
his day — to England for redress. This 
occurred in 1706. Porter was successful 
in his mission. Carey was removed 
from office. This took place in 1707. 
A day was appointed for Carey to turn 
over the seals of office to his successor, 
and for his deputies to give way to new 
ones just appointed. But Porter was so 
eager for the accomplishment of the ob- 



ject, that he could not wait for the ap- 
pointed day. The new deputies, most 
of whom, like himself, were Quakers, 
were called together. Glover, their chair- 
man, thereby became cx-officio governor. 
Glover was a High-Churchman, but 
somehow, strangely, had been selected 
for the office of governor by the Quakers 
and others, who were obstinately op- 
posed to the test-oaths. Carey made no 
point on the validity of Glover's election. 
The triumph of Porter and his Quaker 
friends was all that they now desired ; 
but of a sudden, their surprise was be- 
yond measure when Glover, so made 
governor, by themselves, announced his. 
determination to do in the matter of 
test oaths just as Carey had done; that 
is, he should hold, that no person in the 
colony, any more than in England, could 
hold office without subscribing to the 
thirty-nine articles of the Anglican 
church. The men who had been so ac- 
tive in getting Carey out of office and 
putting Glover in, were now greatly ex- 
asperated. They instantly determined, 
if possible, to make terms with Carey. 
Edward Moseley, an able and talented 
lawyer, was consulted ; he was a man 
of eminence and also a churchman, but 
not without a strong sense of right and 
justice. Great excitement prevailed. 
The matter was submitted in the same 
informal way to be decided by an elec- 
tion, as to whether Glover or Carey 
should be governor. The election was 
to be for candidates to the Assembly,, 
who were to choose the governor. 
Moseley was returned to the House of 
Assembly as a Carey man, but from 
some of the precincts there were two sets 
of claimants for seats in the House. 
The Quakers of Pasquitant and Perqui- 
mans had a majority in the House, and. 
seated the Carey members from Chowan. 



COLONY OF NORTH CAROLINA. 



105 



This gave great offence to the Currituck 
delegation, a portion of whom withdrew 
from the Legislature. Moseley was 
elected speaker, was qualified, and the 
House organized. John Porter then 
exhibited to the body his commission 
and instructions from London. The 
Assembly immediately passed acts nulli- 
fying all preceding acts providing for 
test oaths. Glover wished to submit to 
the Assembly his claims for the gover- 
norship ; but no hearing was given to him. 
It is not exactly certain who did perform 
the office of governor for some time. 
All that seems to be certain is, that the 
non-conformists and anti-churchmen 
carried their point against the test oaths, 
and that the Quakers and other dissent- 
ers continued to hold office under the 
lead of Edward Moseley and John Por- 
ter. This seems to have been another 
rebellion not unlike that of John Culpep- 
per. It was in August, 1710, that the 
next governor, Edward Hyde, was sent 
out by the lords proprietors, as Gov- 
ernor of Albemarle. He was related to 
the reigning queen, but through some 
accident, his commission had not been 
signed by her majesty. No one doubted 
that he had been properly appointed, 
though he came without official at- 
testation or credentials. Carey took the 
lead in a general request that Hyde, the 
new governor, should immediately as- 
sume the duties of his new office, with- 
out awaiting the arrival of his commis- 
sion. He did so, and everything, for 
a while, was quiet as well as prosperous. 
Colonel Thomas Pollock, a prominent 
man, who had been at variance with 
Carey for some time, and during the 
troubles had retired to Virginia, now 
returned to Carolina. At about this time 
some Huguenots formed a settlement on 
Trent river in the colony, and " Christo- 



pher De Graffenreid, a Swiss nobleman, 
also led a colony of his countrymen to 
the same region." * 

Governor Hyde's Assembly was first 
called in 1711. The Legislature was 
divided between the former factions. 
The old party opposed to Carey was in 
the majority. One of the first steps was 
to order an investigation into Carey's 
management of the public funds. Or- 
ders were also issued for his arrest. 
Carey resisted, and his backing by the 
people was so formidable, that Hyde sent 
to the Governor of Virginia for assist- 
ance. For a time there were two oppos- 
ing parties in the field, under arms; but 
on the approach of a body of marines 
sent from Virginia in aid of Hyde, Carey 
withdrew from the contest, and left the 
colony, never to disturb its peace again. 
Soon a much greater trouble befell the 
people of Albemarle than any ever caused 
them by Carey. 

In 171 1 the Tuscarora and Coree In- 
dians formed a conspiracy to destroy 
the white settlers. Sixteen hundred 
warriors entered into the plot. They 
carried on their designs with great cun- 
ning and secrecy. From their principal 
town they sent out small parties, who 
entered the settlements, as friends, by 
different roads. The massacre was to 
begin the same night. On that night 
they entered the planters' houses and 
demanded provisions. They pretended 
displeasure with the provisions and then 
the slaughter began. Men, women, and 
children were slain Without distinction 
or mercy. The savages ran from house 
to house and slaughtered the scattered 
families wherever they went. About 
Roanoke one hundred and thirty-seven 
settlers fell a sacrifice to savage fury in. 
one fatal nicrht. 



* Moore's Hist, of N. C, vol. i., p. 33. 




(io6) 



COLONY OF NORTH CAROLINA. 



IO7 



A day or two before the massacre, 
Baron De Graffenreid, and Lawson, the 
surveyor-general of the colony, with a 
negro servant, were seized on the Neuse. 
Lawson and the negro were put to death 
by torture, while De Graffenreid was kept 
a prisoner, and finally released, upon his 
making the Indians believe that he was 
"the king of the Swiss, a settlement just 
established, and promising that his peo- 
ple should occupy no lands without the 
consent of the Indians."* 

Albemarle and the whole colony were 
now in great distress and peril. The peo- 
ple were divided into factions. A large 
majority were against the government of 
the proprietors. They were divided also 
into religious sects. The largest, per- 
haps, in the colony, was the Quakers ; 
but there were many Baptists, Presby- 
terians and Lutherans, and other dis- 
senters from the Church of England. 
In the midst of internal disagreements, 
disorders and dissensions, and with a 
general Indian war now upon them, ruin 
seemed to be impending. Governor 
Hyde realized the situation, and did 
everything in his power to meet the 
crisis. He appealed to the neighboring 
colonies. From Virginia he got no 
material aid. But Colonel John Barn- 
well, from South Carolina, came with a 
regiment of militia, and several hundred 
friendly Indians of the Yemassee tribe. 
Hyde raised all the forces he could in 
his own colony. These were sent to 
meet Barnwell's force, on their long 
march from Charleston, South Carolina. 
The two opposing armies met in Craven 
county, on the 28th of January, 171 2. 
The Indians, under the command of 
Handcock, the chief of the Tuscaroras, 
had erected strong fortifications on the 



* Moore's Hist, of N. C, p. 36. 



banks of the Neuse. On the approach 
of Barnwell's forces, they left their works 
and came out to give battle in open field. 
The fight was desperate, and for some 
time was hand-to-hand — sword and 
tomahawk, sabre and scalping-knife. 
Both sides seemed to look upon it as a 
death-encounter. The slaughter was 
terrible. When the Indians gave way 
and retired, three hundred of their num- 
ber were left dead on the field. Over 
one hundred were captured. The num- 
ber that escaped or were wounded was 
not ascertained. The survivors took 
shelter within the fort, where, without 
further conflict, they received offers of 
capitulation from Colonel Barnwell. 
Handcock, who entered into this treaty 
of capitulation and peace — by which he 
saved the lives of many of his warriors — 
very soon afterwards violated his solemn 
engagements. Other Indian outrages 
and atrocities on the borders soon fol- 
lowed. It was apparent that the war 
was not yet ended. The Assembly was 
again called together, and large appro- 
priations were made for military supplies 
for the defence of the colony. Several 
forts were built, and the neighboring 
colonies were again applied to for aid. 
Just at this juncture, another appalling 
calamity befell the afflicted colony. 
Yellow fever for the first time made its 
appearance. Many of the best citizens 
fell victims to the scourge. Governor 
Hyde was one of them. He died on the 
8th of September, 17 12. 

Colonel Thomas Pollock succeeded 
him. Pollock was a man of ability, but 
unfortunately was among the prominent 
leaders by whom the colony had been 
so long distracted. He was a High 
Churchman of the strictest sect, advo- 
cating with his utmost zeal the test 
oaths, and the enforcement of the Navi- 



io8 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c. 1? 



gation Act. A decided opposition to the 
Quakers was both earnest and undis- 
guised, but, in the midst of surrounding 
troubles, he used unremitting exertions 
to save the colony. Virginia sent no 
aid. Help, however, again came from 
South Carolina. Colonel James Moore 
led a gallant band of fifty white men, 
with a thousand friendly Indians, as 
Colonel Barnwell had done the year 
before. Handcock, on the approach of 
Colonel Moore, betook himself to his 
fort, Nahuck, which was in the county 
of Greene. To this fort siege was laid. 
The Tuscaroras, on their fort being 
stormed, were compelled after a few 
days to surrender, with eight hundred 
prisoners. Handcock observed the terms 
of this capitulation and treaty of peace 
better than the one of the year before. 
He and a large portion of his tribe soon 
after withdrew from North Carolina, and 
rejoined their ancient kinsmen, the Iro- 
quois, in New York. Colonel Moore 
was universally recognized as the hero 
of the battle under whose auspices the 
splendid victory was achieved. 

His loss was only twenty white men 
and twenty-six friendly Indians, killed 
and wounded. This was the end of the 
war. With the restoration of peace the 
colony again prospered. 

Charles Eden succeeded Pollock in 
the office of governor, in 1713. In 1715 
Indian disturbances occurred in South 
Carolina, when North Carolina was in 
turn called upon for aid. Governor Eden 
responded; infantry and cavalry forces 
were sent forward with alacrity and 
without delay. Colonel Maurice Moore, 
of the county of Clarendon, on the Cape 
Fear, was put in command of these forces. 
He was a brother of the Colonel James 
Moore who had come to the aid of 
North Carolina three years before, and 



who had won such high honor and dis- 
tinction at the battle of Nahuck. 

Governor Eden's first Assembly met 
in November, 17 15. 

Edward Moseley was again Speak< i 
of the House. At this session, under his 
advice, perhaps, the controversy on sec- 
tarian questions which had so long 
agitated the colony was satisfactorily 
adjusted by declaring the Church of 
England to be the established church of 
the province, but at the same time pro- 
viding for full liberty of conscience on 
the part of those who did not choose tO' 
conform to its liturgy or doctrine. The 
matter of test oaths, which had given so 
much offense to the Quakers, was also 
ended by the substitution in their case 
of a solemn affirmation, which was to be 
taken in lieu of the ordinary oath ad- 
ministered to other parties. Governor 
Eden died in 1722. He seems to have 
made a popular chief magistrate, though 
North Carolina historians have some- 
what scandalously connected his name 
and memory with Edward Teach, or 
Blackbeard, the buccaneer and pirate, as 
he was called. 

He was succeeded by Thomas Pollock, 
who again filled the office of chief magis- 
trate ; he lived only a few months — dying 
the same year of his inauguration. Wil- 
liam Reed then filled the office for a 
short time. He was succeeded by 
George Burrington, who became gov- 
ernor in January, 1724. 

He proved himself to be an unwise 
and unsuccessful ruler, though, under 
his administration, the long disputed 
boundary-line between the colonies of 
North Carolina and Virginia was run and 
settled. Colonel William Bird was the 
leading commissioner on the Virginia 
side, and Edward Moseley on the North 
Carolina side. In the establishment of 



COLONY OF NORTH CAROLINA. 



IO9 



this line, Moseley won a grand triumph 
for himself and his colony, in the con- 
troversy with the Virginia commissioners. 
Moseley was usually speaker of the 
House, until 1727. He was succeeded 
by John B. Ache and then by Thomas 
Swann, who was the last speaker. Bar- 
rington resigned in 1725, and named 
Edward Moseley as his temporary suc- 
cessor. This action was confirmed by 
the council ; and Edward Moseley, who 



The antagonism between the people 
and the lords proprietors came to a direct 
issue. An appeal was made to Parlia- 
ment. It was decided that the charter 
was forfeited. On petition, an act was 
passed, allowing the proprietors to sell 
their rights under the charter to the 
crown. This arrangement was acceded 
to in 1729, by all except Lord Carteret, 
who refused to sell his interest. The 
others received for theirs an amount in 



:had passed through such various for- 1 sterling money which, it is said, was 




SCENE ON THE COAST OF 

tunes, was now the trusted governor of 
the colony, until a regularly appointed 
successor could take his place. 

Sir Richard Everard was sent out by 
the proprietors as governor, during the 
same year. Discontents arose every- 
where. Prosperity seemed to be at a 
standstill. The last Assembly that was 
ever held under the proprietary govern- 
ment of North Carolina was convened at 
the call of Sir Richard Everard, in 1728. 



NORTH CAROLINA 

equivalent to forty-five thousand dollars 
in Spanish milled dollars. Thenceforth 
the government of North Carolina de- 
volved upon the crown, under the limita- 
tions and rights secured to the settlers 
by the charter. 

The population of North Carolina at 
this time was not exceeding ten thousand 
— a considerable number of whom were 
African slaves. 

Richard Everard was the last governor 



I IO 



HISTORY OF THE UX1TED STATES— COLOXIAL. 



Book I., c. 18 



appointed by the proprietors. George 
Burrington was sent back as the first by 
royal appointment. 

CHAPTER XVIII. 

new york — Rcsitmed. 
(1664— 1754.) 

Nicholls, fiist English governor — New York City 
incorporated — Francis Lovelace succeeds Nicholls 
— New York City captured by the Dutch — Re- 
stored to English — Sir Edmund Andros, governor 

— Succeeded by Thomas Dongan — First legislative 
representative government in the colony established 

— Treaty with the Five Nations — Efforts of Can- 
ada to alienate the Indians from the English — New 
York united with New England under Andros — 
Jacob Leisler, governor — French invasion — Mas- 
sacre at Schenectady — Henry Slaughter, governor 
— Execution of Leisler and his son-in-law. Mil- 
bourne — Indian treaty — Expedition against Mon- 
treal under Schuyler — Benjamin Fletcher, gov- 
ernor — Efforts to establish the English Church — 
Lord Bellamont, governor — Captain Kidd, the 
Pirate — Lord Cornbury, governor — Succeeded by 
Lord Lovelace — General Hunter, governor — In- 
vasion of Canada — William Burnet, governor — 
Succeeded by John Montgomery — Rip Van Dam — 
William Crosby, governor — Encroachments on 
liberty of the press — George Clarke, governor — 
Succeeded by George Clinton — Indian incursions. 

M MEDIATELY after its subju- 
gation, as we have seen, New 
Amsterdam and the whole of 
the conquered province received 
the name of New York. Con- 
siderable numbers of the Dutch inhab- 
itants left the country, and sought new 
homes elsewhere. The governor, Stuy- 
vesant, himself acquiesced in the change, 
and passed the remainder of his days as 
a British subject, as we have seen. 

Nicholls, the first governor after the 
conquest, retained many of the Dutch 
forms of government ; but a change to 
English customs was gradually brought 
about; trial by jury was introduced, and 
on the 1 2th of June, 1665, New York 
was incorporated, under a mayor, five 
aldermen, and a sheriff. In 1666, war 




with Holland having broken out, ap- 
prehensions were entertained that 
efforts might be made to recover the 
province; but no attack was made, and 
at the treaty of peace. New York was 
regularly ceded to England in exchange 
for Surinam, by a general stipulation 
that each one of the belligerents should 
retain what its arms had acquired aftei 
the commencement of the war. 

In 1667 Nicholls, who had made a 
most popular governor, resigned his ap- 
pointment, and was succeeded by Colonel 
Francis Lovelace, who held the office 
for six years. During his administration 
the colony was prosperous. Towards 
the close of his term, war having again 
broken out with the Dutch, a small 
squadron was fitted out by them to prey 
upon the commerce of the English 
colonies in America. This squadron 
suddenly made a descent upon the city 
of New York, and captured it during 
the absence of Governor Lovelace. It 
was restored to the English at the treaty 
of Westminster, in 1674. 

Sir Edmund Andros was governor 
under the Duke of York, as successor of 
Lovelace, until the year 1682, when 
Colonel Thomas Dongan, a Catholic, 
was appointed. It was during his ad- 
ministration that a representative legis- 
lative government was first established 
in New York. So much discontent was 
excited under Andros' arbitrary system, 
that the proprietor was induced to grant 
the same form of government that was 
enjoyed by the other colonics. The 
Assembly consisted of a council of ten 
members, and a House of Representa- 
I tives chosen by the people, composed ol 
eighteen members; but its laws were t>> 
be ratified by the proprietor before they 
could take effect. 

"All freeholders were granted the 



COLONY OF NEW YORK. 



Ill 



right of suffrage; trial by jury was es- 
tablished ; taxes should no more be 
levied except by consent of the Assem- 
bly; soldiers should not be quartered on 
die people; martial law should not exist; 
no person accepting the general doc- 
trines of religion should be in anywise 
distressed or persecuted."* 

It was in this way the principle of the 
right of local self-government took root 
in this colony. The people for a time 
seemed content with the mere privilege 
of having representatives, though they 
had only two sessions of the legislature 
in the next six years. 



treaty with the Five Nations, embracing, 
all the English settlements and all the 
Indian tribes in alliance with them. 
This treaty, which was long and faith- 
fully adhered to. was of immense ad- 
vantage to the English settlers, as it 
erected a firm barrier between them 
and the French on the north, and pre- 
vented their encroachm pits for many 
years. 

In 1684 De la Barre, itie Governor of 

Canada, invaded the territory of the 

! Five Nations with an army of seventeen 

j hundred men, with the intention of de- 

| feating and driving them from their 




n6tlWBl]f3unm_ix 



NEW YORK IN 1 664. 



The administration of Dongan was 
distinguished by the attention he gave to 
Indian affairs. The interior of New 
York was inhabited by several of the 
aboriginal tribes. These at first were 
known as the Five Nations. After they 
were joined by the Tuscaroras from the 
Carolinas, in 1/ 1 3,T tnc y werc known 
as the Six Nations. Governor Dongan 
in 1684, seeing great danger from the 
encroachments of the French in Canada, 
in conjunction with Lord Effingham, 
Governor of Virginia, entered into a 



*Ridpath, p. 175. 



f Post, p. 108. 



country. But his troops suffered so 
much from famine, hardship, and sick- 
ness, that he was compelled to ask peace 
of those he had come to destroy. He 
invited the chiefs of the Five Nations to 
meet him at his camp; they accepted 
the invitation. In the conference which 
ensued, he accused the confederated 
tribes of conducting the English to the 
trading grounds of the French, and 
threatened them with a war of extermi- 
nation if they did not alter their behavior. 
The Indian chief Garangala, who well 
knew the weakness and helpless condi- 
tion of the French army, treated his 



I 12 



HISTORY OF THE UNITED STATES— COLONIAL. 



Pnr, K T..C. 11 



threats with contempt, and replied to 
him in a bold and defiant speech. 

De la Harre was mortified and enraged 
at his reply; but submitting to necessity, 
concluded a treaty of peace and returned 
to Montreal. His successor, De \<m- 
ville, led a large army against the Five 
Nations, but with no better success. He 
fell into an ambuscade, and was defeated 
with heavy loss. These wars served to 
strengthen and perpetuate the enmity of 
the Indians against the French and their 
attachment to the English. 

After James II. ascended the throne, 
in 1685, and declared the abrogation of 
the old charters of the colonies, New 
York and the Jerseys were added to the 
jurisdiction of the four New England 
colonies, and Sir Edmond Andros was 
appointed captain-general and vice-ad- 
miral over the whole. 

His hard rule, however, was a brief 
one ; but during his administration ad- 
ditional taxes were imposed, and a print- 
mg-prcss was strictly forbidden in the 
colony. In 1688 occurred the revolution 
in England, which placed William and 
Mary on the throne. When intelligence 
of their accession was received in New 
York, and while the principal officers and 
magistrates were assembled to consult 
for the general safety, Jacob Leislcr, a 
captain of militia, seized the fort and 
held it for the Prince of Orange, under 
the old charter. Nicholson, the deputy 
of Andros, fled to England. A few of 
his adherents, Courtlandt, the mayor of 
the city, Colonel Bayard, Major Schuy- 
ler, and other gentlemen, retiring to 
Albany, seized the fort there, declaring 
they held it for King William, but would 
have no connection with Leisler. 

Leisler sent his son-in-law, Milbourne, 
against them; they gave up the fort, 
and retired to the neighboring colonies. 



In revenge, Leisler confiscated their 
estates. 

Meantime, the province was ruled by 
a committee of safety, with Leisler at 
their head. In a few months a letter 
arrived from the ministry in England, 
directed to " such as for the time being 
take care of administering the laws of 
the province," as they existed under the 
charter, and conferring authority to per- 
form all the duties of lieutenant-gov- 
ernor. This letter Leisler understood 
as addressed to himself, and accordingly 
assumed the authority conferred by it, 
and issued commissions and appointed 
his executive council. A convention 
was called, consisting of deputies from 
all the towns and districts, who enacted 
various regulations for the government 
of the colony. 

War about this time was declared be- 
tween France and England. Count 
Frontenac, a veteran and skillful officer, 
succeeded De Nouville as Governor of 
Canada, and soon, by his energetic 
measures, aided by a large reinforcement, 
raised the affairs of the French from the 
brink of ruin to a position that enabled 
them to act on the offensive. He held a 
great council with the Five Nations at 
Onondaga, and as he found them some- 
what inclined to peace, he persuaded them 
to remain neutral in the war between the 
French and the English ; and to raise 
the drooping spirits of the Canadians, he 
determined to give them immediate em- 
ployment against the English colonies. 
On the 19th of January, 1690, a party of , 
about two hundred French and some , 
Cahunaga Indians set out for Schenec- 
tady ; they arrived at eleven o'clock at 
night on the 8th of February, and the 
first intimation the inhabitants had of 
danger or of the presence of enemies, 
was conveyed by the noise of their own 



COLONY OF NEW YORK. 



"3 



bursting doors. Before they made the 
attack, the French and Indians, finding 
the inhabitants buried in profound re- 
pose, and no guards set, divided them- 
selves into different parties ; at the same 
time they set fire to the town in various 
places. 

The village was burnt. Sixty persons 
were massacred, and twenty-seven were 
carried into captivity. The rest escaped, 
and made their way naked through the 
snow towards Albany, at which place 
some arrived in extreme distress, while 
many perished on the way. A party of 
young men and Mohawk Indians imme- 



expedition against Quebec was equally 
unsuccessful. Sir William Phipps, with 
a fleet of more than thirty vessels, sailed 
from Boston into the St. Lawrence, 
landed a part}-, and made an attack, both 
by land and water, upon Quebec. He- 
was obliged, however, to abandon the 
enterprise, in consequence of the army 
which was to co-operate with him hav- 
ing returned to New York, thus allow- 
ing the whole force of the enemy to 
repair to the assistance of the garrison. 

When Leisler was informed of the re- 
treat, he caused Winthrop to be arrested ; 
but this so aroused the indignation ot 




1SURNING UK SCHENECTADY. 



diately set out from Albany in pursuit 
of the enemy, overtook them, and killed 
and captured twenty-five 
avenge 



all parties, that he was compelled to 
release him. The failure of the expedi- 
tion was in fact attributable to Mil- 



To avenge these barbarities, and I bourne, who, acting as commissary- 
others perpetrated in New England, general, had failed to furnish the neces- 
preparations were immediately com- sary supplies. 

menced for an invasion of Canada. An Leisler was superseded by Col. Henry 

army was raised in New York and Con- Slaughter, who arrived in the province in 

necticut. These forces, united under the 1691. Leisler was shortly afterwards ar- 

command of General Winthrop, were to rested, tried, and executed, on a charge of 

march against Montreal. They pro- treason, for refusing to surrender his au- 

ceeded as far as the head of Lake Cham- thority to the person legally appointed 

plain, but finding no boats prepared for to receive it. Milbourne, his son-in-law, 

their use, were obliged to return. The was tried and executed with him. Gov- 
8 



114 



HISTORY OF THE CXITED STATES— COI.OXL4L. 



Book I., c. 18 



ernor Slaughter was unwilling to sign their 
death-warrant; but their enemies, taking 
advantage of his fondness for wine, gave 
him a dinner-party, and while intoxicated 
induced him to sign the order for their 
execution, and the next morning, before 
the governor became sober and could 
recall the warrant, the unfortunate men 
were hurried to death. 

In a few months Slaughter himself 
died, just after the conclusion of a treaty, 
offensive and defensive, with the Five 
Nations. 

In 1 69 1, near the close of the year, 
Major Schuyler, who had obtained great 
influence over the Indians of the Five 
Nations, undertook an expedition against 
Montreal, at the head of a considerable 
body of colonial and Indian forces. He 
inflicted heavy losses upon the French, 
but was compelled to retreat. The war 
was waged with great fury between the 
Indians and French; prisoners were 
tortured and put to death, without the 
least regard to the rights of humanity or 
the laws of war. Both parties seemed 
inspired with a desire to excel each 
other in cruelty as in prowess in battle. 

Colonel Benjamin Fletcher, the next 
Governor of New York, arrived in 1692. 
He was a man of great energy of char- 
acter, but violent and passionate in his 
disposition. His administration is re- 
markable for nothing except for the 
effort to obtain control of the Connecti- 
cut militia, by virtue of a commission 
from the king, in which he signally 
failed. The matter was submitted to the 
attorney and solicitor-general of Eng- 
land, who decided in favor of Connecti- 
cut. He also endeavored to induce the 
Assembly to declare Episcopacy the 
established religion of the colony. 

A bill was passed for settling ministers 
in the several parishes, but an amend- 



ment was added by the council that 
people might choose their own ministers, 
provided the governor should exercise 
the episcopal power of approving and 
collating the incumbents. This amend- 
ment the Assembly negatived, for which 
the governor called them before him and 
rated them soundly. His abuse they 
bore with patience, but remained firm in 
their position. 

In 1697 the peace of Ryswick was 
concluded, which gave security and re- 
pose to the colonies, but left the Five 
Nations exposed to the animosity of the 
French. Lord Bellamont, who suc- 
ceeded Governor Fletcher, protected the 
Five Nations from the fury of the 
French. 

He supplied them with arms and am- 
munition, and notified Count Frontenac 
that if the French attacked them, he 
would send the whole disposable force 
of the colony to their aid. By his firm- 
ness and decision Count Frontenac was 
induced to forego his purpose of war, 
and shortly afterwards peace was made 
between the French and Indians. 

During the administration of Fletcher, 
piracy had increased to an alarming ex- 
tent, to which great evil Bellamont was 
particularly desirous of putting an end; 
but the government declining to furnish 
an adequate naval force, he engaged 
with others in a private undertaking 
against the acknowledged outlaws of all 
nations. Among the undertakers were 
Lord Chancellor Sowers and the Duke 
of Shrewsbury; the king himself also 
had a tenth share in the enterprise. 

Having procured a vessel, the com- 
mand was given to Captain Kidd, and he 
was dispatched on a cruise against the 
pirates. Kidd had been but a short 
time at sea when he made a new con- 
tract with his crew, and on the Atlantic 



COLONY OF NEW YORK. 



115 



and Indian oceans he became himself 
one of the most daring, successful, and 
celebrated pirates that ever infested the 
seas. After a bloody career of three 
years, he had the wonderful audacity to 
appear in public in Boston. He was 
there seized, sent to England, and tried 
and executed. The noblemen who had 
procured him his commission were 
charged with complicity with him, and 
this feeling became so powerful, that a 
motion was made in the House of Com- 
mons that all who were concerned in the 
venture might be deprived of their em- 
ployments. 

The motion was rejected by a large 
majority, and the unfortunate share- 
holders in the enterprise were proven 
entirely innocent of any participation, 
either in the designs or profits of Captain 
Kidd. Lord Bellamont's administration 
was wise and prudent, and promised to 
be highly beneficial, but was suddenly 
cut short by his death in 1701. He 
sought to allay the feuds and soften the 
asperities of party spirit. He was mainly 
instrumental in procuring a grant of 
one thousand pounds for the benefit of 
young Leisler, when he made applica- 
tion for indemnification for the losses 
sustained by his family. Lord Cornbury 
was appointed his successor, who was 
a man eminent for his meanness and prof- 
ligacy, and sent off by his friends to place 
him out of the reach of his creditors, 
His oppressive and extravagant rule, and 
the baseness of his private character, 
exposed him to universal odium. He was 
removed in 1709 by Queen Anne, who 
appointed Lord Lovelace his successor. 

He died soon after his arrival, and 
General Hunter was appointed to suc- 
ceed him in 1710. He brought with 
him nearly three thousand Germans, a 
part of whom settled in New York, the 



remainder in Philadelphia. An invasion 
of Canada, by the united forces of New 
York, New Jersey and Connecticut, took 
place in 171 1. It was unsuccessful, and 
nothing was accomplished by it. To 
defray its expenses, the Assembly passed 
several bills which the council persisted 
in amending. The governor took sides 
with the council, and finally dissolved 
the Assembly. At the ensuing election 
most of the members elect were opposed 
to the governor. This Assembly was 
dissolved by the death of Queen Anne. 
The next met the same fate from the 
governor. The people at length became 
weary of contending, and elected repre- 
sentatives whose views were in unison 
with those of the governor. 

Governor Hunter resigned and left 
the colony in 1719, and his authority de- 
volved on Peter Schuyler, the oldest 
member of the council. His successor 
was William Burnet, son of the cele- 
brated Bishop Burnet, a man of good 
sense and kind feelings. 

His attention was directed chiefly to 
Indian affairs, and the danger to be ap- 
prehended from the vicinity of the 
French. Turning his views to the wil- 
derness, he perceived that the French 
were employed in erecting a chain of 
forts from the St. Lawrence to the Mis- 
sissippi. To defeat their design, he 
built a trading-house and afterwards a 
fort at Oswego, on Lake Ontario. But 
the French had abundant resources, and 
were not easily foiled. They penetrated 
into the wilderness, and erected a fort at 
Niagara, commanding the entrance into 
the lake. They had previously erected 
Fort Frontenac, commanding the outlet. 

Governor Burnet held a conference 
with the chiefs of the Five Nations at 
Albany; spoke to them of the wrongs 
the French had done to them, and of the 



n6 



HISTORY OF THE UNITED STATES— COLONIAL. 



Took T., c. 1* 



kindness they had received from the 
English. He so moved upon them by 
his eloquent representations that they 
were persuaded to give a deed surren- 
dering their country to the King of Eng- 
land, to be protected for their use, and 
confirming their grant of I/OI, concern- 
ing which there was only an entry in the 
books of the secretary for Indian affairs. 
But in the meantime the electors of the 
colony had become dissatisfied at the 
length of time which had elapsed since 
there had been an election for members 
of the Assembly. 

There had been such complete har- 
mony between the governor and the 
Assembly elected in 1716, that there had 
been no dissolution for eleven years and 
the people became dissatisfied. Yield- 
ing to their clamors, he dissolved the 
Assembly in 1727, and a new election 
was held. As might have been ex- 
pected, a majority in the next Assembly 
were opponents of the administration, 
and disputes immediately arose between 
them and the governor. 

The Court of Chancer)-, in which the 
governor presided, had become exceed- 
ingly unpopular. It had been instituted 
without the concurrence of the Assem- 
bly, and some of its decisions had given 
great offence to influential individuals. 
The Assembly passed resolutions inti- 
mating that its decrees were void, and 
declaring the court a manifest oppression 
and grievance. The governor immedi- 
ately dissolved the Assembly. 

In the spring, however, an ordinance 
was passed to remedy certain abuses, 
and to reduce the fees of the court. 

Governor Burnet was shortly after- 
wards appointed Governor of Massachu- 
setts, and was succeeded in New York 
by Colonel John Montgomery, who had 
been groom of the king's chamber. 



I His short administration was only dis- 
tinguished by his love of ease, which so 
absorbed his attention that he had no 
1 time to devote to public affairs. He 
• died in 1731, and the executive authority 
devolved upon Rip Van Dam, the senior 
member of the council. During his 
administration the French were per- 
mitted to erect a fort at Crown Point, 
within the limits of New York, which 
became a source of constant annoyance, 
being a rallying point for hostile band; 
of Indians. 

In August, 1732, Van Dam was super- 
seded by William Crosby, who was at 
first popular, on account of having de- 
fended the colonies in the British Parlia- 
ment; but he soon lost the affections of 
the people by his encroachments on the 
liberty of the press. He prosecuted Zen- 
gi -r, the printer of a newspaper, for publ ish- 
ing an article which he thought derogatory 
to the dignity of his Majesty's government. 
For printing the offensive article Zenger 
wis thrown into prison, and not brought 
to trial until after the lapse of thirty-five 
weeks. He was ably defended by An- 
drew Hamilton, the eminent Quaker 
lawyer of Philadelphia, and acquitted. 
In 1736 Crosby was succeeded by 
George Clark. During his administra- 
tion the contest between the governor 
and the Assembly was revived. It was 
the governor's wish to control the public 
revenue ; the Assembly declared that 
tlie moneys raised should be applied to 
the extinguishment of certain specific 
debts, and refused to appropriate any 
sum for any length of time, or for any 
purpose, except as in their judgment 
they thought right 

The Assembly was dissolved; but a 
new Assembly was no more tractable, 
and for a time the governor yielded and 
promised his cordial co-operation in all 







(»7J 



n8 



HISTORY OF THE UNITED STATES— COLONIAL. 



V.if K 1., C. id 



measures calculated to promote the 
prosperity of the colony. Harmony did 
not long continue. At the next session 
the Assembly, persisting in its refusal to 
raise a revenue for a longer period than 
one year, was again dissolved. 

In 1740 the Assembly again met, and 
still continued their opposition to the 
governor's wishes. Their resolute ad- 
herence to their views of duty and right 
was construed by the governor into a 
desire for independence, and in a speech 
delivered in 174 1, he alludes to a "jeal- 
ousy which for some years had obtained 
in England, that the plantations were 
not without thoughts of throwing off 
their dependence on the crown." 

Clark was superseded in the govern- 
ment by George Clinton, in 1743. Like 
most of the governors, he was received 
with joy by the people. But, more 
fortunate than the greater number, he 
seems to have retained his popularity by 
timely concessions to the popular will. 
To manifest his confidence in the people, 
he gave his assent to a bill limiting the 
duration of the present and all succeed- 
ing Assemblies. 

The Assembly, actuated by a similar 
desire to promote the public welfare, 
readily adopted the measures he recom- 
mended for the defence of the colony 
against the French, who were then at 
war with England. 

In 1745 the Indian allies of France 
made frequent incursions into New York, 
as well as the other English colonies. 

Their depredations continued, with lit- 
tle intermission, until the termination of 
the French dominion in Canada. 

At the commencement of the French 
and Indian war of 1754, the population J 
of the colony of New York did not ex 
ceed one hundred thousand. 



CHAPTER XIX. 

SETTLEMENT OF SOUTH CAROLINA. 
(1670— 1729.) 




Port Royal — William Sayle, first governor — Old 
Charleston — New Charleston — Sir John Ycamans 
— Introduction of negro slaves — Yeanian resigns — 
West succeeds him — Two parties or factions — 
Colleton, governor — Discontent — Martial law — 
Colleton impeached — Seth Sothel in South Car- 
olina — His character — Banished — Ludwell's ad- 
ministration — Thomas Smith, governor — T°hn 
Archdale, the Quaker— Salutary administration — 
James Moore, governor — Represses Indian inva- 
sion — Unsuccessful siege to St. Augustine — Party 
strife — Charles Craven, governor — The great Yem- 
assee war — Massacre at Pocataligo — Colonels 
Mackey and Barnwell, and Lieutenant-General 
Moore — Aid from Virginia — Colonel Maurice 
Moore, from North Carolina — Battle of Combahee 
— Yemassees driven from the colony — Take refuge 
in Florida — Robert Johnson, last proprietary gover- 
nor — James Moore made governor by popular 
authority — Governor Francis Nicholson sent as a 
sort of gubernatorial supervisor — Charter forfeited 
in 1729 — Lords proprietors sell out their iuterest 
to the king, as in North Carolina. 

HAT germ of civilization," says 
Dr. Ramsay, the able histor- 
ian, "which took root, flour- 
ished, and spread in South 
Carolina, was first planted at 
or near Port Royal in 1670, by a few 
emigrants from England under the di- 
rection of William Sayle, the first gover- 
nor of the province."* 

This settlement was made by several 
English gentlemen, who purchased the 
soil from the Clarendon Company, char- 
tered by Charles II., in 1663, and under 




* Ramsay's History of S. C. 



COLONY OF SOUTH CAROLINA. 



II 9 



whose corporate authority North Caro- , of the Clarendon colony in North Caro- 
lina had been colonized. j lina,* gave up that place and position, to 
Governor Sayle, in 1671, left Port | assume the chief magistracy of the new 
Royal, and laid the foundation of a new colony. Sir John Yeamans carried with 
city, which he called Charleston, on the him most of his Clarendon colonists 
banks of the Ashley river, but this site from the Barbadoes, about fifty fami- 
ivas found not to be well chosen. It lies, and nearly two hundred slaves, 
could not be approached by vessels of 1 This was the beginning of negro slavery 
large burden, and it was therefore I in South Carolina (1671). During the 
abandoned. Another removal took administration of Yeamans the Spaniards 

caused considerable trouble by sending 



place to Oyster Point, formed by the 
junction of the Ashley and Cooper rivers ; 
and there, in the year 1680, the founda- 



emissaries to Charleston to incite the 
inhabitants to revolt; to encourage ser- 




BIRDS EYE VIEW OF CHARLESTON, SOUTH CAROLINA. 



tions of the present city of Charleston 
were laid. In one year thirty houses- 
were built. 

The names of only two of these origi- 
nal colonists have been handed down to 
posterity, viz.: William Sayle, the first 
governor, and Joseph West, the third. 

Sayle died within a few months after 
his arrival, and was succeeded, in 167 1, 
by Sir John Yeamans, who, being ap- 
pointed by the lords proprietors to suc- 
ceed Sayle while he was yet Governor ; 



vants to run away from their masters; 
and to instigate the savages to extermi- 
nate the whites. 

In 1673 the colony was strengthened 
by the arrival of numbers of Dutch from 
the New Netherlands, which had passed 
into the hands of the English. Many 
of the inhabitants of that colony sought 
new homes in South Carolina. 

Disputes having arisen between the 
proprietors and Sir John Yeamans con- 



*Ante, p. 100. 



120 



HISTORY OF THE UNITED STATES— -COLONIAL. 



Book I., c. 19 



cerning the heavy expenses of the colony 
and the deficient returns therefrom, he re- 
signed and returned to Barbadoes, where 
he soon afterwards died. He was suc- 
ceeded by Joseph West in 1674. West's 
administration continued for eight years. 
After this, in the short space of four 
years, to wit, from 1682 to 1686, there 
were no less than five governors: Joseph 
Morton, Joseph West, Richard Kyrle, 
Robert Quarry, and James Colleton. 
This rapid succession of governors was 
caused by the close and bitter contests 
between the two parties existing in the 
colony. From the very first, there were 
seeds of strife and discord, which soon 
sprang up and grew strong and rank. 
In South Carolina, as in North Carolina, 
the struggle was between the friends of 
liberty on one side, and the advocates 
of power on the other. Of the two par- 
ties, one was composed of cavaliers, to 
whom large grants of land had been 
made, who were attached to the Church of 
England, and who favored the prerogative 
and authority of the proprietors ; the other 
was composed of dissenters from the 
Church of England, and democrats in prin- 
ciple; these looked with a jealous eye 
upon any class which claimed prescriptive 
rights and privileges either in church or 
state. The former contended that the or- 
ders received from the proprietors in Eng- 
land ought to be implicitly obeyed; the 
latter looked at local circumstances, the 
condition of things about them, and con- 
tended that the lords proprietors should 
not have control in municipal affairs, only 
so far as their orders were consistent 
with the welfare and best interests of the 
colony. In this situation, no governor, 
upholding the demands of the lords pro- 
prietors, could long support his power. 
Whenever he endeavored so to exert 
authority, his person was insulted and 



his administration complained of until 
he had to resign or be removed from 
office. 

During Morton's administration, in 
1686, the Spaniards laid waste the set- 
tlements of Port Royal. Morton then 
prepared to attack St. Augustine, but 
was prevented by the interference of the 
proprietors. During the same year 
large accessions were made to the 
strength of the colony by numbers of 
Protestant refugees, known as Hugue- 
nots, from France, who were compelled 
to flee from that country by the revoca- 
tion of the edict of Nantes. 

Soon after the accession of Colleton, 
in 1686, he determined to exert his 
authority and compel the people to pay 
up their arrears of quit-rents. This had 
been a cause of growing discontent for 
some time. The quit-rents were trifling 
in amount per acre, but there were so 
many thousand acres out of which no 
profit was drawn, that the rents were 
really burdensome. The governor, being 
determined to exert his authority in col- 
lecting the rents, wrote to the proprietors 
to appoint deputies to assist him in the 
execution of his office. But he soon 
found the more rigorous he was the 
more turbulent the people became. The 
colony was a scene of confusion. 

Mortified at the loss of power, and 
his utter inability to enforce the collec- 
tion of rents, Governor Colleton came to 
the conclusion, by the advice of his 
council, to declare martial law. Accord- 
ingly, he called out the militia, as if some 
danger threatened the country, and, at 
their head, martial law was publicly pro- 
claimed. But this proceeding served 
only to exasperate; the Assembly met 
and resolved that it was an assumption 
of power and an unwarrantable en- 
croachment on their liberties. It was in 



COLONY OF $OUTH CAROLINA. 



121 



vain that the governor endeavored to 
carry out his measures. In 1690 a bill 
was passed by the Assembly impeaching 
Colleton and declaring him disqualified 
from holding any office or exercising any 
authority within the province; and they 
gave him notice that within a certain 
time he must leave the colony. 

In the midst of these disturbances, 
Seth Sothel, who figured so conspicu- 
ously and disreputably in North Caro- 
lina, and had been banished from that 
colony, as we have seen,* made his ap- 
pearance in Charleston, and pretending 
to be one of the proprietors, by usurpa- 
tion assumed the governorship. At 
first the people, not doubting or suspect- 
ing the validity of his authority, yielded 
obedience, but soon finding him destitute 
of honor, truth, and character, they rose 
against him. He had trampled upon 
every principle of common justice and 
equity. The lawful traders from Bermu- 
da and Barbadoes were seized as pirates, 
and imprisoned until such ransom as he 
chose to exact was paid ; bribes from 
felons and traitors were accepted ; plan- 
tations were forcibly taken into posses- 
sion ; planters were compelled to pay 
large sums of money for permission to 
retain possession of their property; in- 
deed, every species of exaction that a 
rapacious and avaricious tyrant could 
think of to exact money, was resorted to 
by him. 

At length the people became so weary 
of his extortions, that they determined 
to take him by force and send him to 
England. Then he begged permission 
to remain in the country, promising to 
submit his conduct to the judgment of 
the Assembly. At the meeting of the 
Assembly thirteen different charges were 
preferred against him ; he was found 

* Ante, p. 103. 



guilty, deprived of the government, and 
banished from the country. An account 
of his monstrous misdeeds was sent to 
the proprietors in England. His acts 
were declared void, "and finally, on No- 
vember 8th, 169 1, a peremptory order 
suspended him from all power in Caro- 
lina, and added the threat that a royal 
mandamus should compel him to come 
to England and stand trial, if he did not 
at once submit. This last order over- 
came his audacity. Amidst the rejoicing 
of all the people he slunk back to the 
Albemarle region again, where he was 
suffered to end his days as a private 
citizen. In 1694 he died."f 

Philip Ludwell was appointed by the 
proprietors Governor of South Carolina, 
1692. He was at the same time Gov- 
ernor of North Carolina and was the 
first governor who acted as chief magis- 
trate of both the colonies at the same 
time. 

During Ludwell's administration the 
struggle between the people and the 
proprietors continued. The nature of 
the discontents was nearly the same in 
both colonies. In South Carolina 
another trouble arose about this time. 
This was amongst the people themselves. 
It was a controversy relating to the 
French refugees who had sought an 
asylum in this country from oppression 
in the mother-land. A violent opposi- 
tion to their reception was raised by 
some of the English settlers, which was 
clearly wrong. The refugees were 
orderly, industrious and religious ; they 
fled from the lovely valleys of France 
because they were persecuted as Protes- 
tants there, and sought a home where 
they could worship God according to 
the dictates of their own conscience, 
" with none to molest or make- afraid." 



\ Bryant's Hist. United Stales, vol. ii., p. 367. 



122 



HISTORY OF THE UXITED STATES— COLO XI. IT.. 



Bo K I , r 10 



The English, as a class, were hostile 
to them, and thought that they were not 
entitled to the privileges and advantages 
of natural-born subjects. The proprie- 
tors, however, favored them, and in- 
structed Governor Ludwell to allow 
them the same liberties as other colonists. 

In 1693 Ludwell proposed to the As- 
sembly the passage of an act, providing 
a new form of deed for land. This new 
mode or form of conveyance was deemed 
by the proprietors an encroachment on 



• 




A SETTLER'S cabin. 
their rights of tenure, and in consequence 
Ludwell was removed from the office of 
governor. 

Thomas Smith was appointed to suc- 
ceed him. Complaints soon poured in 
upon him from all quarters. The French 
refugees were uneasy in regard to the 
titles to their property, and for this had 
good reason. There was no law in the 
colony by which their estates could be 



secured to the heirs of their body, or 
their next of kin ; and they feared that 
on the death of the present owners their 
lands would escheat and their children 
become beggars. The English colonists 
also perplexed the governor with cease- 
less complaints. At length he wrote to 
the proprietors that he despaired of ever 
uniting the people in interest and affec- 
tion ; that he and many more had re- 
solved to leave the province, and he 
recommended that one of the proprietors 
be sent with full powers to redress griev- 
ances, and settle differences in the colony. 

Following the suggestions of Governor 
Smith, the proprietors appointed John 
Archdale, the distinguished Quaker of 
the Albemarle colony, of whom so much 
has already been said,* and who, at that 
time, was one of the proprietors. His 
arrival caused great joy in the colony, 
and his very presence seemed to have 
the power to banish animosity and dis- 
cord. His wise and judicious course 
gave satisfaction to all parties, propri- 
etors and colonists, except the French 
refugees. For these he found it impos- 
sible to do anything, on account of the 
strong feeling of dislike still existing 
in the minds of the English settlers. 
Rents were remitted ; roads were con- 
structed ; canals were cut; the Indians 
were protected from insult, and a fair and 
friendly trade and intercourse were estab- 
lished with them, and though no positive 
enactments were made in favor of the 
French settlers, yet through Archdalc's 
influence the antipathies against them 
were greatly softened, and in the next 
administration, in 1696, they were ad- 
mitted to the same rights as the English 
settlers. 

Joseph Blake succeeded Archdale, and 
from 1696 to 1 7 10 there were four gov- 

* Ante, p. 104. 



COLONY OF SOUTH CAROLINA. 



123 



ernors, viz., Joseph Blake, James Moore, 
Sir Nathaniel Johnson, and Edward 
Tynte. In 1702, towards the close of 
Governor Moore's administration, war 
broke out between England and Spain, 
and as the Spaniards of Florida were 
near neighbors to the Carolinians, they 
became involved in it. Governor Moore 
fitted out an expedition against Florida, 
and endeavored to take St. Augustine. 
He sailed from Charleston with a force 
of twelve hundred colonists and friendly 
Indians. This was an unsuccessful enter- 
prise. Moore laid siege to the fort at 
St. Augustine, and after many attempts 
and failures to take it, was compelled to 
raise the siege. By this unfortunate 
expedition, the colony became involved 
in a heavy debt, and paper promises to 
pay were given to creditors, in the place 
of coin. 

Soon afterwards, an expedition was 
made against the Appalachee Indians, 
who had become quite troublesome. 
Governor Moore invaded their country, 
burned their towns and villages, killed 
several hundred of them, and obliged the 
others to submit to the English Govern- 
ment. The governor received the thanks 
of the proprietors, and by his success in 
this expedition, regained the reputation 
lost by his failure to take St. Augustine. 

During the administration of Sir Na- 
thaniel Johnson, from 1702 to 1709, party 
spirit ran high, and civil commotions con- 
tinued. He was succeeded by Governor 
Tynte, and after his death in 17 IO, the 
quarrels in regard to the succession came 
very near involving the colony in all the 
horrors of a civil war. The rival candi- 
dates for governor were Robert Gibbes 
and Colonel Broughton, and each one 
insisted that he was entitled to the office 
by the votes of the deputies of the pro- 
prietors. The difficulty was occasioned 



by one of the deputies voting in the 
morning for one of the candidates, and 
in the afternoon declaring for the other. 
Soon afterwards he died suddenly, and 
after his death it was ascertained that his 
second vote had been obtained by bribery. 

The strife ran very high between the 
candidates, and it was finally agreed that 
Gibbes should administer the govern- 
ment until the pleasure of the proprietors 
could be known. They appointed Charles 
Craven, who then held the position of 
secretary to the governor. During his 
administration, the colony was involved 
in two Indian wars — one with the Tus- 
caroras, in North Carolina ; the other 
with the Yemassees, within its own limits. 
We have already noticed the conduct of 
Barnwell and Moore, with the forces 
under their command, in aid of North 
Carolina in the Tuscarora war.* We 
will now briefly set forth the incidents of 
the war with the Yemassees. They were 
a strong and formidable tribe living near 
the Savannah river, on the southwestern 
border of the colony, and were perhaps 
the most warlike of all the Southern 
aborigines. 

Becoming angry with the whites and 
jealous of their increasing power, they 
determined, if it were possible, to destroy 
them entirely. To effect this object they 
united in a great league all the tribes of 
Indians from Cape Fear, in North Caro- 
lina, to Florida. 

The immediate cause of the ill-blood 
is not certainly known, but it is believed 
to have originated from some offence 
given to the whites, by that portion of 
this tribe who were friendly and went 
as allies with Colonels Moore and Barn- 
well against the Tuscaroras in 171 1- 
1712. 

But from whatever cause their hos- 



* Ante, pp. 107, 108 



124 



HISTORY OF THE UXITED STATES— C0L0X1AL. 



P.ro >K I.e. 19 



tility was aroused, they began their work 
of destruction by an attack upon Poco- 
taligo about daybreak on the morning 
of the 15th of April, 1715. About one 
hundred white persons were massacred 
without warning. 

The inhabitants of Port Royal got 
notice just before their place was at- 
tacked, by a fleet-footed young man, 
who had escaped from the slaughter at 
Pocotaligo, and running with utmost 
speed, had reached there a little ahead 
of the savages. Most of them, by this 
information, were enabled to get aboard 
vessels then lying in the harbor and reach 
Charleston in safety. A few families in 
the country, who had not time to em- 
bark, were either slain or carried into 
captivity. The war was also fiercely 
waged in the country towards North 
Carolina, and the danger became so 
great that serious fears were entertained 
for the safety of Charleston itself. The 
governor ordered out every man under 
arms, except the slaves, and even 
some of the more trusty of them were 
armed. 

At the head of two hundred and forty 
men, the commander-in-chief marched 
directly against the enemy, and sent a 
courier to Colonel Mackey, with orders 
to raise, at once, what forces he could, 
and then to proceed by water to meet 
him at Yemassee town. He rested at 
night on the Combahee river, within six- 
teen miles of the enemy, and was at- 
tacked early next morning by about five 
hundred Yemassees. After a consider- 
able fight he routed the Indians, and 
drove them back with great loss, while 
he had but one man killed and several 
wounded. Being without guides, and 
seeing great numbers of the enemy on 
the opposite side of the river, he returned 
to Charleston. 



Colonel Mackey, in the execution of 
the duty assigned him, surprised and 
drove the Indians from their town, in 
which were stored large quantities of 
provisions and plunder. He here learned 
that two hundred of the enemy had 
posted themselves in another fort, and 
he sent one hundred and forty men to 
attack them. At this time a young 
man named Palmer, who, at the head of 
sixteen men, had been on a scout, came 
to Mackey 's assistance, and at once 
scaled the walls, but was driven back. 
He returned to the charge, and was suc- 
cessful. He drove the enemy out, and 
as they fled they were shot down in 
numbers by Mackey's men. 

But though the Indians were checked 
here, they gained some advantages on 
the northern border of the colony. A 
party entered the plantation of Mr. John 
Heme, near the Santee, and treacherously 
killed him, after being kindly enter- 
tained. Captain Thomas Barker imme- 
diately -collected a body of ninety men, 
and advanced to meet them. 

Trusting to an Indian guide, he was 
led into an ambuscade in an extensive 
thicket of bushes, where the enemy lay 
concealed on the ground. Captain 
Barker and several of his men were in- 
stantly killed, and the rest fled in dis- 
order. The panic now became so gen- 
eral, that nearly all the inhabitants of 
the parish were fleeing towards Charles- 
ton. On one plantation, however, seventy 
white men, with forty negroes, had 
thrown up a breastwork, resolving to 
defend themselves to the last extremity. 
For some time they were successful, but 
became discouraged too soon, and while 
listening to proposals of peace, they suf- 
fered themselves to be taken by surprise. 
Very few escaped with their lives. The 
Indians were shortly afterwards met, 



COLONY OF SOUTH CAROLINA. 



125 



defeated, and driven back by the Goose 
Creek militia, commanded by Captain 
Chicken, who proved himself a true 
" game-cock " on that occasion. His tri- 
umph was complete. The province was 
thus made secure on the north. 

In the meantime, the whole country 
became deserted to within twenty miles 
of Charleston. Many began to fear the 
destruction of the colony. The enemy 
numbered from eight to ten thousand 
warriors, while the Carolina muster-roll 
could show but twelve hundred men fit 
to bear arms. Yet Craven determined 
to send forces into the wilderness to 
meet the enemy upon their own ground. 
In his summons of the Assembly he 
said : " Expedition is the life of action ; 
bring the women and children into our 
town, and all provisions from all exposed 
plantations. Virginia and New England 
must be solicited for aid." 

Francis Holmes was sent as agent to 
New England to purchase arms. The 
command of the troops was committed to 
three able officers — Colonels Alexander 
Mackey and John Barnwell, and Lieu- 
tenant-General James Moore. Barnwell 
and Moore were the same officers who 
figured so conspicuously in the Tusca- 
rora war.* 

One hundred gallant Virginians re- 
sponded to the call for aid, while North 
Carolina in return sent a regiment under 
the lead of Colonel Maurice Moore, 
from Cape Fear. The war was pushed 
so vigorously that the Vemassees were 
soon driven from the country to the 
region beyond the Savannah river. They 
took up their residence in Florida, from 
which place they continued for some 
time, in small parties, to infest the borders 
of South Carolina. The province was 
now well defended by six hundred Caro- 
*Ante, pp. 107, 10S. 



linians, four hundred negroes, and a 
hundred friendly Indians. When a new 
Assembly met in February, 17 16, the 
war was almost entirely over, and the 
chief object of solicitude then was to 
secure a permanent peace with all the 
neighboring tribes. 

After this signal failure to destroy the 
colony the Indians became so well con- 
vinced of their inability to exterminate 
the English settlers in the colony, that 
they never again combined against them 
or made any attempt to penetrate in 
hostile bands to the neighborhood of the 
capital. 

Governor Craven's family affairs re- 
quired his presence in England. By 
permission of the proprietors he left the 
colony on the 25th of April, 17 16, 
leaving Colonel Robert Daniel, deputy- 
governor. But he would not and did 
not leave the province until after the 
conclusion of the war, and all apprehen- 
sion of danger had ceased. 

In 17 17 Robert Johnson, son of Sir 
Nathaniel Johnson, was appointed gov- 
ernor. He was the last governor under 
the authority of the proprietors. 

Two years after Johnson's appoint- 
ment, the famous James Moore was 
made governor by the people without 
consulting the proprietors. The long 
protracted issue, between the people 
and the proprietors, was now squarely 
made. 

General Francis Nicholson, who had 
considerable colonial experience, was 
sent to South Carolina as a sort of peace- 
maker. He was kindly received by all 
parties. But the end had come. The 
proprietors gave up the contest, and 
Parliament declared their charter for- 
feited. This was in 1729. The lords 
proprietors, except Carteret, sold their 
interests to the king in South Carolina, 



126 



HISTORY OF THE UXITED STATES— COLOXIAL. 



Book I., c. 20 



as they did in North Carolina. The 
amount received by them for their in- 
terest in each colony was the same, 
namely: a sum in sterling money 
equivalent to about forty-five thousand 
Spanish mill dollars. 

After that time the government of 
South Carolina, as in North Carolina, 
devolved on the crown, subject to the 
limitations, franchises and privileges 
secured to the settlers by the charter; 
and for forty years public quiet was 
maintained, with increasing prosperity on 
the part of the people. 

CHAPTER XX. 

NEW ENGLAND CONFEDERATION — 

Resumed. 

(1675— 1754.) 

Restoration of Charles II. in New England — Dissat- 
isfaction of the people — King Philip's war — Ex- 
tinction of the Wampanoag tribe — Grandson of 
Massasoit sold as a slave — Dispute between Mas- 
sachusetts and the mother country as to New 
Hampshire domination ended — First General As- 
sembly of New Hampshire under the new organi- 
zation — Annulment of New England charters — 
The confederation ended — Sir Edmond Andros 
and his infamous acts — The Charter Oak — James 
II. of England dethroned — War between England 
and France — Schenectady massacre — Salmon falls 
— Peace of Ryswick — War renewed — Expedition 
against Quebec and Montreal — Peace of Utrecht — 
Great snow storms, 17 17 — Aurora borealis, 1 7 19 — 
Earthquake, 1 727 — Witchcraft — War renewed, 
1744 — Capture of Louisbourg— Pepperell and 
Shirley knighted for gallantry — Treaty of Aix la- 
Chapelle. 

HE public manifestations of loy- 
alty to Charles II. throughout 
New England, after the restora- 
tion, were more in appearance 
than reality. There was a 
general apprehension pervading the 
minds of a large majority of the people 
that their chartered rights would not be 
regarded by this monarch. It is true he 




had confirmed the charter of Massachu- 
setts, yet he had done it in such a way 
and with qualifications which increased 
this apprehension. In his act of con- 
firmation he required a toleration of the 
Church of England, and dispensed with 
colonial church membership as a qualifi- 
cation to hold office. 

These apprehensions were still more 
increased upon the arrival not long after 
of a Board of Royal Commissioners, who 
were sent over on some pretext or other 
to determine certain civil as well as mil- 
itary matters in each of the colonies of 
the confederation, and also to Rhode Isl- 
and. They were to look after the 
peace and security of the whole country 
generally. These commissioners met 
with a very jealous reception in Massa- 
chusetts, much more so than in Ply- 
mouth, Connecticut or Rhode Island. 
A very serious dispute soon arose be- 
tween them and the General Court of 
Massachusetts about her claim of juris- 
diction over New Hampshire. The com- 
missioners returned to New England 
without any satisfactory adjustment of 
this dispute. Massachusetts was cited 
to appear by agents or attorneys to an- 
swer in England certain complaints al- 
leged against her by them. This she 
neglected to do, and matters were as- 
suming quite a serious aspect in that 
quarter when a new trouble arose, 
which diverted attention temporarily 
from a quarrel with the mother country. 
It was a dangerous quarrel with the 
Indians at their doors. This was the 
breaking out of what is known as King 
Philip's war. 

King Philip was the second son of 
Massasoit, who had always been a firm 
friend of the English, but he was far 
from sharing the feeling of his father. 
He concealed his hatred and went si- 



THE NEW ENGLAND CONFEDERATION. 



lently to work maturing a plan by which 
he hoped to be able to exterminate all 
the colonists. The cause of his hatred 
was the wrongs which, as he complained, 
had been inflicted upon his brother and 
upon others of his tribe, who were put 
to death after being tried and found 
guilty of murder by a jury composed of 
colonists and Indians. This was done 
under an Indian treaty with the confed- 
eration, and he complained that it all 
came from the controlling influence of 
the whites. 

The origin, history and results of this 
war are thus graphically sketched by 
McCabe : 

" Massasoit, who had been the early 
friend of the English, left two sons at his 
death, Wamsutta and Metacom, who 
had long been reckoned among the 
friends of the Plymouth colony. They 
were frequent visitors at Plymouth, and 
had received from the English the names 
of Alexander and Philip. At the death 
of Massasoit, Wamsutta or Alexander 
became chief of the Wampanoags. He 
and his brother Philip were men of more 
than ordinary abilities, and felt deeply 
the wrongs which were beginning to fall 
thickly upon their race. Uncas, the 
chief of the Mohegans, the determined 
enemy of Wamsutta, exerted himself, 
with success, to fill the minds of the 
English with suspicions of the intentions 
of the Wampanoag chieftain, and it was 
resolved to arrest him and bring him to 
Plymouth. Winslow was sent at the 
head of an armed force, and succeeded in 
surprising the chief in his hunting-lodge, 
together with eighty of his followers. 
The proud spirit of Wamsutta chafed 
with such fury at the indignity thus put 
upon him that he was seized with a 
dangerous fever, and the English were 
obliged to permit him to return home. 



127 

'He died on his way,' says Elliott. 'He 
was carried home on the shoulders of 
men, and borne to his silent grave near 
Mount Hope, in the evening of the day, 
and in the prime of his life, between 
lines of sad, quick-minded Indians, who 
well believed him the victim of injustice 
and ingratitude ; for his father had been 
the ally, not the subject of England, and 
so was he, and the like indignity had 
not before been put upon any sachem.' 

" By the death of his brother, Meta- 
com, or Philip, became chief of the 




KING PHILIP. 

Wampanoags. He kept his own coun- 
sel, but the whites soon had cause to 
believe that he meditated a desperate 
vengeance upon them for the death of 
Wamsutta and the wrongs of his race. 
To make the sense of injury deeper in 
his mind, the Plymouth authorities 
treated him with great harshness, and 
compelled him to give up his arms. A 
' praying Indian,' who lived among his 
people, informed the colonists that the 
chief meditated harm against them, and 



128 



HISTORY OF THE CXI TED STATES— COLOXEl /.. 



Boos I., C. 20 



his dead body was soon after found. 
Three of Philip's men were suspected of 
the murder. The)' were arrested, tried 
at Plymouth, and found guilty by a jury 
composed of whites and Indians, and 
were put to death. This was early in 
1675. 

" The execution of these men awoke a 
wild thirst for revenge among the tribe 
to which they belonged, and the young 
warriors clamored loudly for war against 
the English. Philip, whose vigorous 
mind enabled him to judge more clearly 
of the issue of such a struggle, entered 
into the contest with reluctance, for he 
saw that it must end in the destruction 
of his race. Me was powerless to resist 
the universal sentiment of his people,' 
and like a true hero resolved to make 
the best of the situation in which he was 
placed, and to share the fate of his na- 
tion. The Indians were tolerably well 
provided with firearms, for, in spite of 
the severe punishments denounced 
against the sale of weapons to the sav- 
ages, the colonists had not been proof 
against the temptations of gain held out 
to them by this traffic. Their chief de- 
pendence, however, was upon their prim- 
itive weapons. The English, on the 
other hand, were well armed, and were 
provided with forts and towns which fur- 
nished them with secure places of refuge. 
They might have averted the war by 
conciliating the savages, but they per- 
sisted in their unjust treatment of them, 
regarding them as 'bloody heathen,' 
whom it was their duty to drive back 
into the wilderness. 

" Philip was able to bring seven hun- 
dred desperate warriors into the field. 
They had no hope of success ; and they 
fought only for vengeance. They knew 
every nook and hiding-place of the 
forest, and in these natural defences 



could hope to continue the struggle as 
long as the leaves remained on the trees 
to conceal their lurking-places from the 
white man's search. Immediately after 
the execution of the three Indians at 
Plymouth, Philip's men had begun to 
rob exposed houses and carry off cattle, 
but the war did not actually begin until 
the 24th of June, 1675, the day of fast- 
ing and prayer appointed by the govern- 
ment as a preparation for the struggle. 
On that day the people of Swanzey, in 
Plymouth colony, while returning home 
from church, were attacked by the 
Wampanoags, and eight or nine were 
killed. Philip burst into tears when the 
news of this attack was brought to him, 
but he threw himself with energy into 
the hopeless struggle, now that it had 
come. 

" Reinforcements were sent from Mas- 
sachusetts to the aid of the Plymouth 
colony, and on the 29th of June the 
united forces made an attack upon the 
Wampanoags, killed six or seven of their 
men, and drove them to a swamp in 
which they took refuge. The English 
surrounded this swamp, determined to 
starve the Indians into submission, but 
Philip and his warriors escaped and took 
refuge among the Nipmucks, a small 
tribe occupying what is now Worcester 
county, Massachusetts. The English 
then marched into the territory of the 
Xarragansctts, and compelled them to 
agree to remain neutral, and to deliver 
up the fugitive Indians who should take 
refuge among them. This accomplished, 
the colonists hoped they had put an end 
to the war. 

" Philip succeeded in inducing the 
Nipmucks to join him in the struggle, 
and his warriors began to hang around 
the English settlements. The whites 
were murdered wherever they ventured 



THE NEW ENGLAND CONFEDERATION. 



129 



to expose themselves, and a feeling of 
general terror spread through the colon- 
ies. No one knew the extent of the 
hostility of the savage tribes, or how 
many allies Philip had gained ; nor was 
it certain when or where the next great 
blow of the savages would be struck. 
Some of the colonists began to give way 
to superstitious fears. It was asserted 



the night wind was like the sound of 
whistling bullets ; and the howling of the 
wolves was fiercer and more constant 
than usual. These things, the super- 
stitious declared, were warnings that 
the colonies were about to be severely 
punished for their sins, among which 
they named profane swearing, the neglect 
of bringing up their children in more 




THE BURNING OF BKOOKFIELD BY THE INDIANS. 



that an Indian bow, a sign of impending 
evil, had been seen clearly denned against 
the heavens, and that at the eclipse 
which occurred at this time the moon 
bore the figure of an Indian scalp on its 
face. The northern heavens glowed 
with auroral lights of unusual brilliancy; 
troops of phantom horsemen were heard 
to dash through the air; the sighing of 
9 



rigid observances, the licensing of ale 
houses, and the 'wearing of long hair by 
the men and of gay apparel by the 
women. The more extreme even de- 
clared that they were about to be 
'judged' for not exterminating the 
Quakers. 

" In the meantime Philip, with a party 
of Nipmucks and his own people, carried 



13° 



HISTORY OF THE UNITED STATES— COLONIAL. 



Rook I., c. 2d 



the war into the valley of the Connecti- men arrived to the aid of the whites, 
cut, and spread death along the line of , and the savages were driven off with the 
settlements from Springfield to North- loss of several of their number. Philip 
field, then the most remote inland town, succeeded in drawing to his support 
With the hope of withdrawing the Nip- nearly all the tribes of New England, 
mucks, who could muster fifteen hundred and it was resolved by the savages to 
warriors, from the confederacy, Captain make a general effort for the destruction 
Hutchinson, with twenty men, was sent of the whites. A concerted attack was 
to treat with them. His party was am- to bt made upon a large number of set- 
bushed and murdered at Brookfield early j tlements at the same day and hour, and 










ATTACK UPON DEERFIELU BY Till'. INDIANS. 



in August. The Indians then attacked 
Brookfield, and burned the village with 
the exception of one* strong house to 
which the colonists retreated. After a 
siege of two days, during which they 
kept up a constant fire upon the building, 
they attempted to burn the house, but 
were prevented by a shower of rain 
which extinguished the flames. At the 
same moment a reinforcement of fifty 



the Sabbath was chosen as the day most 
favorable for the movement. 

" Deerfield in Massachusetts and Had- 
ley in Connecticut were among the 
places attacked. The former was burned. 
Hadley was assailed while the congrega- 
tion were worshipping in the church, 
and the whites were hard pressed by 
their antagonists. Suddenly in the 
midst of the battle there appeared a tall 



THE NE W ENGLAND CONFEDE RA TION. 



131 



and venerable man with a flowing beard, 
and clad in a strange dress. With sword 
in hand he rallied the settlers, and led 
them to a new effort in which the savages 
were beaten back and put to flight. 
When the battle was over, the stranger 
could not be found, and the wondering 
people declared that he was an angel 
sent by God for their deliverance. It 
was Goffe, the regicide, who had sud- 
denly left his place of concealment to 
aid his countrymen in their struggle 
with the savages. He had been lying 
in concealment at the house of Russell, 
the minister of Hadley, and returned to 
his place of refuge when the danger was 
over. 

" On the whole, the Indians, though 
they succeeded in causing great suffering 
to the colonies, were unsuccessful in their 
efforts during the summer and autumn 
of 1675. In October, Philip returned to 
his old home, but, finding Mount Hope 
in ruins, took shelter among the Narra- 
gansetts, who protected him notwith- 
standing their promise to deliver up all 
fugitives to the English. The colonial 
authorities seeing that the tribe had no 
intention of fulfilling their promise, and 
being fearful that Philip would succeed 
in winning them over to his side, resolved 
to anticipate the danger and treat them as 
enemies. 

"A force was collected and sent into 
the Narragansett country, in December, 
1675. This tribe, numbering about three 
thousand souls, had erected a strong fort 
of palisades in the midst of a swamp near 
the present town of Kingston, Rhode 
Island. It was almost inaccessible, and 
had but a single entrance, defended by a 
morass, which could be passed only by 
means of a fallen tree. The English 
were led to the fort by an Indian traitor, 
■and attacked it on the 19th of December. 



After a severe fight of two hours they 
succeeded in forcing an entrance into the 
fort. The wigwams were then fired, and 
the whole place was soon in flames. The 
defeat of the savages was complete, but 
it was purchased by the loss of six 
captains and two hundred and fifty men 
killed and wounded, on the part of the 
English. About one thousand of the 
Narragansetts were slain, their provisions 
were destroyed, and numbers were made 
prisoners. Those who escaped wandered 
through the frozen woods without shelter, 
and for food were compelled to dig for 
nuts and acorns under the snow. Many 
died during the winter. Canonchet, the 
Narragansett chief, was among the sur- 
vivors. ' We will fight to the last man, 
rather than become servants to the Eng- 
lish,' said the undaunted chieftain. He 
was taken prisoner in April, 1676, near 
Blackstone, and was offered his life if he 
would induce the Indians to make peace. 
He refused the offer with scorn, and when 
sentenced to death, answered proudly: 
' I like it well : I shall die before I speak 
anything unworthy of myself.' 

" In the spring of 1676, Philip, who 
had been to the west to endeavor to 
induce the Mohawks to join the war 
against the English, returned to place 
himself at the head of his countrymen in 
New England. The work of murdering 
and burning was resumed with renewed 
fury. The Indians seemed to be every- 
where and innumerable, and the whites 
could find safety only in their forts. The 
surviving Narragansetts scourged the 
Rhode Island and Plymouth colonies 
with fire and axe, and even the aged 
Roger Williams was obliged to take up 
arms for the defence of his home. Lan- 
caster, Medford, Weymouth, Groton, 
Springfield, Sudbury and Marlborough, 
in Massachusetts, and Providence and 



132 



HISTORY OF THE UNITED STATES— COLONIAL 



Book I 



Warwick, in Rhode Island, were de- 
stroyed either wholly or in part, and 
numerous other settlements were at- 
tacked and made to suffer more or less 
severely. 

"As the season advanced, the cause 
of the Indians became more hopeless, 
and they began to quarrel among them- 
selves. In June the Nipmucks submitted, 
and the tribes on the Connecticut refused 
to shelter Philip any longer. He then 
appealed to the Mohawks to take up the 
hatchet, but seeing that his cause was 
hopeless, they refused to join him. In 
proud despair Philip went back to Mount 
I lope to die. One of his people urged 
him to make peace with the whites, and 
was struck dead by the hand of the chief 
for daring to mention such a humiliation. 
It became known that Philip had re- 
turned to his old home, and Captain 
Church marched against him, dispersed 
his followers, and took the chief's wife 
and little son prisoners. Philip, who had 
borne the reverses and the reproaches 
of his nation with the firmness of a hero, 
was conquered by this misfortune. ' My 
heart breaks,' he cried, despairingly, ' I 
am ready to die.' He was soon attacked 
by Church in his place of concealment, 
and in attempting to escape was shot by 
an Indian who was serving in the ranks 
of his enemies. Philip's little son was 
sold as a slave in Bermuda, and the 
grandson of Massasoit, who had wel- 
comed and befriended the English, was 
condemned to pass his days in bondage 
in a foreign clime. 

" The death of Philip was soon fol- 
lowed by the close of hostilities. The 
power of the Indians was completely 
broken. Of the Narragansetts, scarcely 
one hundred men were left alive, and the 
other tribes had suffered severely. The 
Mohcgans had remained faithful to the 



English, and Connecticut had been hap- 
pily spared the sufferings experienced by 
the other colonies, which were very 
severe. Twelve or thirteen towns were 
destroyed, and many others were seri- 
ously crippled. Six hundred houses 
were burned, and the pecuniary losses 
amounted to the then enormous sum of 
half a million dollars. Over six hun- 
dred men, chiefly young men, fell In the 
war, and there was scarcely a family 
which did not mourn some loved one 
who had given his life for the country." 

It may not be improper here to say 
that numerous efforts were made by all 
the religious sects and denominations to 
convert these Indian tribes to the doc- 
trines and faith of Christianity, but with 
little effect. Cassell, in his History of 
the United States, says that they were 
"not merely indifferent to that religion, 
but as a rule, positively disliked it." He 
also relates an interesting interview which 
took place some years afterwards between 
Rev. Experience Mayhew, a missionary, 
and a sachem of the remnant of the Nar- 
ragansetts. The interview is recorded 
in Mayhew's journal. This surviving 
sachem of his tribe bid the preacher " Go 
and make the English good first," that 
" owing to the many religious divisions 
among the conquering race, his people 
would not know what sect to follow, if 
they were inclined to adopt Christianity 
at all," and in an angry humor turned 
away.* 

It was some time before the colonics 
composing the Confederation recovered 
from the losses and devastations from 
what is known as King Philip's war 
The waste places, the burnt towns 
and villages were not built up soon, 
nor was the loss of population replen- 
ished for several years. A heavy debt 



* See Cassell's Hist, of the U. S., 1882. 







U33) 



134 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c. 2^ 



was contracted, and their resources were 
greatly diminished. At the beginning 
of this war the entire population of New 
England was not above one hundred 
and twenty-five thousand. 

On the restoration of peace, the dis- 
pute between Massachusetts and the 
mother country in regard to New Hamp- 
shire, as well as Maine, was renewed. 
The latter was ended in 1677, by Massa- 
chusetts paying twelve hundred pounds 
sterling for the proprietary rights of 
Gorges to the territory of Maine. 

The dispute as to New Hampshire was 
ended in 1679, by a judicial decision in 
England, against the claim by Massa- 
chusetts of jurisdiction over that colony. 
A new and very liberal charter was 
granted to New Hampshire on the 1 8th 
of September, 1 679. John Cutts, of Ports- 
mouth, was appointed chief magistrate, 
under the name and style of President. 
After this, New Hampshire remained a 
separate colony. 

The first General Assembly under the 
new organization met at Portsmouth, 
16th March, 1680, which passed many 
wholesome and liberal laws. One of 
their declarations was that no act, im- 
position, law, or ordinance should be 
imposed upon the inhabitants of the 
province, but such as should be made 
by the Assembly and approved by the 
president of the council. Under the 
code then adopted, -New Hampshire 
soon began to flourish. 

It was not long after this that King 
Charles II. entered upon the execution 
of a purpose to annul all the New Eng- 
land colonial charters. His acts, in the 
proceeding which ensued, were most ar- 
bitrary and tyrannical. In 1684 a judg- 
ment was obtained by him in the High 
Court of Chancery, abrogating the Mas- 
sachusetts charter. All the other New 



England charters, soon after, were also 
declared void. Very great excitement in 
all the colonies was the necessary conse- 
quence. The New England Confedera- 
tion, which had existed since 1643, was 
nowended by the annulment of their char- 
ters. James II., who succeeded Charles 
II., his brother, to the throne of England,, 
in 1685, appointed Joseph Dudley to take 
charge of the government of Massachu- 
setts, New Hampshire, Maine, Plymouth, 
Rhode Island, and Connecticut. He 
was superseded in 1686 by the infamous 
Sir Edmond Andros, who, with a coun- 
cil to be appointed by the king, was 
empowered, under the title of captain- 
general and vice-admiral, to make all 
laws and levy taxes at discretion over 
the whole of the country committed to 
their charge. Upon his arrival in Mas- 
sachusetts, his conduct bore every mark 
of a usurping despot. He removed all 
.the civil authorities, and put a restraint,, 
not only on the freedom of the press, 
but upon the freedom of personal loco- 
motion. All public meetings were pro- 
hibited, and no one was allowed to leave 
the country without his permission. 
He afterwards went to Rhode Island, 
and broke the seal of the charter of that 
colony, and declared its government at 
an end. In 1687 he went to Hartford, 
and demanded the charter of Connecti- 
cut. The Assembly was in session, but 
the demand was evaded until night. 
When candles were lighted the charter 
was brought in and laid upon the table. 
As Andros was about to take it up, the 
lights were suddenly put out ; and when 
they were restored the document was 
gone. It had been, according to pre- 
vious arrangements, seized by one of the 
patriots, and carried away for safe-keep- 
ing. It was hid for the time in the 
hollow of a venerable oak, which after- 



THE NEW ENGLAND CONEEDERATION. 



135 



wards remained famous as the old 
Charter Oak for more than a century. 

The charter of Connecticut was in 
this way saved from destruction, but the 
government under it was repressed for 
the time being. Andros had complete 
control, under his commission from the 
king, and by his exactions and atrocities, 
rendered himself and his administration 
extremely odious to all people within 
the limits of his sway. Cotton Mather, 
an eminent divine of Massachusetts, was 
despatched as a common agent to Eng- 
land, to seek redress. But the king re- 
mained firm in his purpose, and even 
enlarged the jurisdiction of Andros, so 
as to extend it over the colonies of New 
York and New Jersey. 

Relief, however, came shortly after- 
wards, not from the king, but from his 
overthrow. James II., by his arbitrary 
measures, both in church and state, ex- 
cited a general apprehension throughout 
the realm that the rights and liberties of 
the people of England were not safe in 
his hands. Parliament declared against 
his authority, and invited William, 
Prince of Orange, husband of Mary, his 
eldest daughter, to come over and take his 
place upon the throne. The invitation 
was accepted. James fled the kingdom, 
William and Mary were proclaimed by 
Parliament the legitimate sovereigns of 
the nation, under what was called the 
settlement of 1688. The inhabitants of 
New England received the news of the 
change with acclamations of joy. An- 
dros and about fifty of his* most active 
partisans were seized in Boston and sent 
to England for trial. The administra- 
tion of civil affairs in Massachusetts was 
immediately restored to the former offi- 
cers who had been displaced by Andros. 
The same was done in Rhode Island, as 
we have seen, as also in Connecticut. 



There the old charter was brought from 
the hollow of the oak, in which it had 
been securely kept from the grasp of the 
tyrant, and the former officers resumed 
their functions under it. In the colony 
of Plymouth, when it was known that 
Andros had been arrested, Clark, his 
agent or deputy, was imprisoned, and 
Thomas Hinckly, former governor, was 
immediately restored to office. 

In 1 69 1 King William of England 
granted a new charter to the colonies 
of Massachusetts and Plymouth. By 
this charter, these two colonies, which 
before that had been separate, were in- 
corporated into one. It was accepted by 




THE CHARTER OAK. 



both of them in 1692, and ever since then 
the original colony of Plymouth has 
been a part of Massachusetts and under 
the same government. At the time of 
the union, the population of Massachu- 
setts was about forty thousand, and 
that of Plymouth about seven thousand. 
The district of Maine was also embraced 
in the same charter. In it, the king 
reserved to himself the power of appoint- 
ing the governor and other officers, but 
conceded to the people the right of self- 
government in all other respects, and 
insured to all classes the protection of 
person and property. Sir William 
Phipps was the first governor under this 



I3 6 



HISTORY OF THE UNITED STATES— COLONIAL. 



Hook T., c. 2« 



new organization. Meantime France 
favored the cause of the exiled British 
king, James II., and soon after the Eng- 
lish revolution and settlement of i68S, 
war broke out between that country and 
England. The colonies of New Eng- 
land and New York were great sufferers 
in consequence, because of their being 
exposed to continual incursions of the 
French and Indians from Canada. On 
the night of February 8th, 1690, Schenec- 
tady, in New York, was destroyed, and 
many of the inhabitants slain. Salmon 
Falls, in New Hampshire, shared the 
same fate. Thirty of the inhabitants 
were killed and fifty-four were carried 
into captivity. The whole northern 
frontier became a scene of horrors from 
the same kind of attacks. 

The colonies unitedly resolved to 
carry the war into the enemy's country. 
A fleet of eight vessels was fitted out, 
and a force of eight hundred men, under 
command of Sir William Phipps, was 
sent against Port Royal, in Acadia, as 
Nova Scotia was then called. The ex- 
pedition was successful ; Port Royal was 
captured, and all Acadia was subjugated. 
But an expedition against Canada — the 
object of which was the capture of 
Quebec — failed, as we have seen.* In 
1696 Port Royal was recovered by 
France, and the possession of all Acadia 
followed. The peace of Ryswick, which 
was concluded in 1697, gave a brief re- 
pose to France and England, and also 
to the colonics. 

In 1702, after a lapse of five years, 
war again broke out between the two 
countries, and the colonial border war- 
fare recommenced. 

In 1707 an unsuccessful expedition 
was undertaken against Port Royal. 
Haverhill was burned by the Indians in 

* Ante, p. 113. 



1708; more than one hundred persons 
lost their lives, and a great many were 
carried into captivity. The same year a 
force of three thousand men was sent 
against Canada, but returned without 
accomplishing anything. The idea, how- 
ever, of taking Port Royal was not given 
up. Some regiments were sent from 
England under Colonel Nicholson, with 
a fleet, to co-operate with the colonists 
in an attack on that place. Success 
crowned their efforts. Port Royal was 
taken, and the name changed to An- 
napolis, in honor of Queen Anne, sister 
of Mary, who was now on the throne of 
England. 

P^ncouraged by this success, a grand 
expedition against Quebec and Mon- 
treal was undertaken in 171 1. Fifteen 
ships of war, forty transports, and six 
store-ships sailed from Boston; but, in 
proceeding up the St. Lawrence bay, the 
fleet was scattered by a storm, and one 
thousand men were lost. This terrible 
disaster caused the complete failure of 
the expedition; the force of foui thousand 
men, which was proceeding overland, 
returned home, as they could accom- 
plish nothing without the co-operation 
of the fleet. For ten years the colonies 
of New England suffered all the miseries 
of this harassing warfare. The danger was 
so urgent that they were compelled to keep 
one-half the whole body of the militia, 
amounting to six thousand men, on duty. 

The peace of Utrecht, wlr'ch was con- 
cluded in 17 1 3, between France and 
England, gave the colonists rest from 
war, but left them heavily burdened with 
a public debt. To supply the want of 
money to pay the soldiers, bills of credit 
were issued. These bills very greatly de- 
preciated in value — a result which it was 
impossible to prevent — and great finan- 
cial embarrassment and distress followed. 



THE NEW ENGLAND CONFEDERATION. 



137 



On the 24th of February, 1717, there 
was the greatest snow storm ever known 
in New England. Cotton Mather said 
that in some places the snow was six- 
teen feet deep, " covering many cottages 
over the tops of their chimneys." Many 
people as well as cattle perished in it. 

On the nth of December, 17 19, the 
aurora borealis, or northern lights, as it 
is called, was observed for the first time 
by the colonists after the settlement of 
the country. It caused great wonder 
and excited the apprehension of the 
superstitious. 

On the 29th of October, 1727, there 
was a noted earthquake, which extended 
throughout New England, causing alarm, 
but doing no serious injury. 

Heretofore no mention has been made 
of the trials and executions for witch- 
craft in New England, one of the darkest 
and most melancholy episodes in the his- 
tory of that country. The first trials 
occurred in 1645, when four persons 
were put to death for that crime in Mas- 
sachusetts. Many graphic accounts of 
this sad delusion have been given in the 
" History of the Times." A distin- 
guished writer of New England* thus 
describes it: 

" For more than forty years after the 
executions for witchcraft in 1645, we 
hear but little of similar prosecutions. 
But in the year 1688 a woman was exe- 
cuted for witchcraft in Boston, after an 
investigation conducted with a degree 
of solemnity that made a deep impres- 
sion on the minds of the people. Sus- 
picions having been thus violently 
roused, the charges of witchcraft began 
gradually to multiply, till at length there 
commenced at- Salem that dreadful 
tragedy which rendered New England 
for many months a scene of bloodshed, 



* Greenville Mellen 



terror and madness, and at one time 
seemed to threaten the subversion of 
civil society. 

"In the year 1692 the frenzy of the 
colonists reached the highest pitch of 
extravagance. Suspicions and accusa- 
tions of witchcraft became general among 
them ; and on this fanciful charge many 
persons were put to death. This pesti- 
lential visitation first showed itself in the 
town of Salem. A fanatic, who was a 
minister of a church there, had two 
daughters subject to convulsions. He 
fancied they were bewitched, and fixed 
his suspicions on an Indian girl, who 
lived in the house, as the accomplice and 
tool of Satan in the matter. By harsh 
treatment he made the poor savage ac- 
knowledge she was a witch. Among a 
people like the New Englanders, this 
was throwing a firebrand into a powder 
magazine ; and the explosion was dread- 
ful. 

" Every woman subject to hysterical 
affections instantly believed herself be- 
witched ; and was seldom at a loss to 
discover the cause of her malady. Per- 
sons accused of this imaginary crime of 
witchcraft were imprisoned, condemned, 
hanged, and their bodies left exposed to 
wild beasts and birds of prey. Coun- 
sellors who refused to plead against these 
devoted victims, and judges who were 
not forward in condemning them, were 
doomed to share their fate as accom- 
plices in their guilt. 

" Children of ten years of age were 
put to death; young women were stripped 
naked, and the marks of witchcraft 
sought for on their bodies with unblush- 
ing curiosity. Scorbutical or other spots 
on the bodies of old men were reckoned 
clear proofs of a heinous commerce with 
the infernal powers. Dreams, appari- 
tions, prodigies of every kind, increased 



138 



HISTORY OF THE UNITED STATES— COLONIAL. 



Hook I.e. L'i+ 



the general consternation and horror. 
The prisons were filled, the gibbets left 
standing, and the citizens were appalled. 
Under this frightful delirium, the miser- 
able colonists seemed doomed to de- 
struction by each other's hands. The 
more prudent withdrew from a country 
polluted by the blood of its inhabitants, 
and the ruin of the colony seemed in- 
evitable, when, ceasing to receive coun- 
tenance from those in authority, this 
awful frenzy passed away almost as sud- 
denly as it had arisen, leaving to future 
ages a fearful warning against such pop- 
ular insanity." 

McCabe, in his " History of the United 
States," of this strange infatuation and the 
horrible tragedies which attended it, 
gives a very interesting account, which 
we may be excused for quoting at large :* 
" While these matters were in progress 
of settlement, there occurred in Massa- 
chusetts one of the most singular de- 
lusions recorded in history, and which 
was in some respects the last expiring 
effort of ecclesiastical ambition to con- 
trol the political affairs of the colony. 
The clergy had always sought in New 
England, as in other lands, to fight their 
political enemies with spiritual weapons. 
They now carried this to an extreme 
which taught the people of New England 
a lesson that was not soon forgotten. 

" The belief in witchcraft has not been 
confined to any single nation, and at 
this time was common to America and 
Europe. ' The people did not rally to 
the error ; they accepted the superstition 
only because it had not yet been disen- 
gaged from religion.' It was believed 
that as Christians were united with God 
by a solemn covenant, so were witches 
leagued with the devil by a tie which, 
once formed, they could not dissolve. 



* See McCabe, p. 217, et seq. 



Those who thus placed themselves in 
the arch-fiend 's power were used by him 
as instruments to torment their fellow- 
men. They were given power to annoy 
them by pinching them, thrusting invisi- 
ble pins into them, pulling their hair, 
afflicting them with disease, killing their 
cattle and chickens with mysterious ail- 
ments, upsetting their wagons and carts, 
and by practising upon them many other 
puerile and ludicrous tricks. The witches 
generally exerted their arts upon those 
whom they hated, but it was a matter of 
doubt how many persons were included 
in their dislikes. One of the most 
popular superstitions was that of the 
' Witches' sacrament,' a gathering at 
which the devil, in the form of 'a small 
black man,' presided, and required his 
followers to renounce their Christian 
baptism and to sign their names in his 
book. They were then re-baptized by 
the devil, and the meeting was closed 
with horrid rites, which varied in different' 
narratives according to the imagination 
of the relators. 

" The belief in the existence of witch- 
craft was held by some of the leading 
minds of this period. Sir Matthew 
Hale, Lord Chief Justice of England, 
was firmly convinced of the truth of the 
doctrine, and it was advocated by many 
of the clergy in England. In New Eng- 
land the clergy held it to be heresy to 
deny the existence of witches, which 
they claimed was clearly taught in the 
Scriptures. It was evidently to their in- 
terest to maintain this belief, as it made 
them the chief authorities in such cases, 
and furnished them with a powerful 
weapon against their adversaries. 

" By the early settlers of New England 
the Indians were supposed to be worship- 
pers of the devil, and their medicine- 
men to be wizards. Governor Hutchin- 



THE NEW ENGLAND CONFEDERATION. 



1 39 



son, in his ' History of Massachusetts,' 
thus sums up the cases of supposed 
witchcraft that had occurred in the colony 
previous to the time of which we are 
now writing: 

" ' The first suspicion of witchcraft 
among the English was about the year 
1645, at Springfield, upon Connecticut 
river; several persons were supposed to 
be under an evil hand, and among the 
rest two of the minister's children. 
Great pains were taken to prove the facts 
upon several of the persons charged 
with the crime, but either the nature of 
the evidence was not satisfactory, or the 
fraud was suspected, and so no person 
was convicted until the year 1650, when 
a poor wretch, Mary Oliver, probably 
weary of her life from the general repu- 
tation of being a witch, after long ex- 
amination, was brought to confession of 
her guilt, but I do not find that she was 
executed. Whilst this inquiry was 
making, Margaret Jones was executed 
at Charlestown; and Mr. Hale mentions 
a woman at Dorchester, and another at 
Cambridge about the same time, who all 
at their death asserted their innocence. 
Soon after, Hugh Parsons was tried at 
Springfield, and escaped death. In 1655, 
Mrs. Hibbins, the assistant's widow, was 
hanged at Boston. In 1662, at Hartford, 
Connecticut, one Ann Cole, a young 
woman who lived next door to a Dutch 
family, and no doubt had learned some- 
thing of the language, was supposed to 
be possessed with demons, who some- 
times spoke Dutch and sometimes Eng- 
lish, and sometimes a language which 
nobody understood, and who held a con- 
ference with one another. Several 
ministers who were present took down 
the conference in writing and the names 
of several persons, mentioned in the 
course of the conference, as actors or 



bearing parts in it ; particularly a woman, 
then in prison upon suspicion of witch- 
craft, one Greensmith, who upon ex- 
amination confessed and appeared to be 
surprised at the discovery. She owned 
that she and the others named had been 
familiar with a demon, who had carnal, 
knowledge of her, and although she had 
not made a formal covenant, yet she had 
promised to be ready at his call, and 
was to have had a high frolic at 
Christmas, when the agreement was to 
have been signed. Upon this confession 
she was executed, and two more of the 
company were condemned at the same 
time. In 1669, Susanna Martin, of 
Salisbury, was bound over to the court 
upon suspicion of witchcraft, but escaped 
at that time. 

" ' In 1671, Elizabeth Knap, another 
ventriloqua, alarmed the people of Gro- 
ton in much the same manner as Ann 
Cole had done those of Hartford; but 
her demon was not so cunning, for, in- 
stead of confining himself to old women, 
he railed at the good minister of the 
town and other people of good character, 
and the people could not then be pre- 
vailed on to believe him, but believed the 
girl when she confessed that she had 
been deluded, and that the devil had 
tormented her in the shape of good per- 
sons, so she escaped the punishment due 
to her fraud and imposture. 

"' In 1673 Eunice Cole, of Hampton, 
was tried, and the jury found her not 
legally guilty, but that there were strong 
grounds to suspect her of familiarity with 
the devil. 

'"In 1679 William Morse's house, at 
Newbury, was troubled with the throwing 
of bricks, stones, etc., and a boy of the 
family was supposed to be bewitched, 
who accused one of the neighbors ; and 
in 1682 the house of George Walton, a 



140 



HISTORY OF THE UNITED STATES— COLON I A I.. 



Book 1., c. 20 



Quaker, at Portsmouth, and another 
house at Salmon Falls (both in New 
Hampshire), were attacked after the same 
manner. 

" ' In 1683 the demons removed to 
Connecticut river again, where one Des- 
borough's house was molested by an 
invisible hand, and a fire kindled, nobody 
knew how, which burnt up a great part 
of his estate; and in 1684 Philip Smith, 
a judge of the court, a military officer 
and a representative of the town of 
Hadley, upon the same river (a hypo- 
chondriac person), fancied himself under 
an evil hand, and suspected a woman, 
one of his neighbors, and languished and 
pined away, and was generally supposed 
to be bewitched to death. While he lay 
ill, a number of brisk lads tried an ex- 
periment upon the old woman. Having 
dragged her out of her house, they hung 
her up until she was near dead, let her 
down, rolled her some time in the snow, 
and at last buried her in it and left her 
there, but it happened that she survived 
and the melancholy man died.' 

" These cases, which were not gen- 
erally regarded in the enlightened spirit 
of the writer we have quoted, served to 
confirm the common belief in witchcraft. 
Increase Mather published a work in 
1684, containing an account of the cases 
which had already occurred in the colony, 
and giving detailed descriptions of the 
manner in which the afflicted persons had 
exhibited their ' deviltry.' The publica- 
tion of this work seemed to revive the 
trouble, and in a more aggravated form, 
for it is a singular fact that the general 
discussion of delusions of this kind rarely 
fiils to produce an increase of the evil. 

" In 1688 a case occurred which ex- 
cited general interest, and was the be- 
ginning of one of the saddest periods 
in the history of New England. The 



daughter of John Goodwin, a child of 
thirteen years, accused the daughter of 
an Irish laundress of stealing some linen. 
The mother of the laundress, a friendless 
emigrant, succeeded in disproving the 
charge, and abused the girl soundly for 
making a false accusation. Soon after 
this, the accuser was seized with a fit, 
and pretended to be bewitched, in order 
to be revenged upon the poor Irish 
woman. Her younger sister and two of 
her brothers followed her example. They 
pretended to be dumb, then deaf, then 
blind, and then all three at once. ' They 
were struck dead at the sight of the 
"Assembly's Catechism," ' says Governor 
Hutchinson, dryly, ' " Cotton's Milk for 
Babes," and some other good books, but 
could read in Oxford jests, popish and 
Quaker books, and the common prayer 
without any difficulty.' Nevertheless, 
their appetite was good, and they slept 
soundly at night. The younge'st of these 
little impostors was less than five years 
old. It was at once given out that the 
Goodwin children were bewitched, and 
no one suspected or hinted at the fraud. 
They would bark like dogs and mew like- 
cats, and a physician who was called in, 
to treat them solemnly declared that 
they were possessed by devils, as he dis- 
covered many of the symptoms laid down 
in Increase Mather's book. A conference 
of the four ministers of Boston and one 
from Charlestown was held at Goodwin's 
house, where they observed a day of 
fasting and prayer. As a result of their 
efforts, the youngest child, a boy of less 
than five years, was delivered of his evil 
spirit. The ministers now had no doubt 
that the children had been bewitched, 
and as the little ones accused the Irish 
woman of their misfortune, she was ar- 
rested, tried for witchcraft, convicted and 
hanged, notwithstanding that many per- 



THE NEW ENGLAND CONFEDERATION. 



141 



eons thought the poor creature a lunatic. 
Among the ministers who had inves- 
tigated this case and had procured the 
execution of the woman was Cotton 
Mather, the son of Increase Mather, then 
president of Harvard college. He was 
a young man who had but recently en- 
tered the ministry, and was regarded as 
one of the most learned and gifted 
preachers in the colony. He was withal 
a man of overweening vanity, and full 
of ambition. He could not bear contra- 
diction, and was devoted to the main- 
tenance of the political power of the 
clergy. He was superstitious by nature, 
and was firmly convinced of the reality 
of witchcraft. He had become deeply 
interested in the case of the Goodwin 
children, and in order to study it more 
deeply, took the eldest girl to his house, 
where he could observe and experiment 
upon her devil at his leisure. She was 
a cunning creature, and soon found that 
it was to her interest to humor the young 
pastor in his views, and she played upon 
his weakness with a shrewdness and skill 
which were remarkable in one so young, 
and exhibit the credulity of the investi- 
gator in a most pitiable light. 

" Mather carried on his experiments 
with a diligence which would have 
seemed ludicrous had its object been 
less baneful to the community. He read 
the Bible, and prayed aloud in the pres- 
ence of the girl, who would pretend to 
be thrown into a fit by the pious exercise. 
At the same time, she read the Book of 
Common Prayer, or Quaker or Popish 
treatises, without any interruption from 
her familiar spirits. The minister then 
tested the proficiency of the devil in 
languages, by reading aloud passages of 
the Bible in Hebrew, Greek, and Latin, 
which the girl professed to understand. 
When he tried her with an Indian dialect, 



however, she could not comprehend hinu 
By other experiments, designed to as- 
certain if the spirits could read the 
thoughts of others, Mather came to the 
sage conclusion that ' all devils are not 
alike sagacious.' The girl flattered his 
vanity, and lulled his suspicion of fraud 
by telling him that his own person was 
especially protected against the evil spirits 
by the power of God, and that the devils 
did not dare to enter his study. 

" The vanity of Cotton Mather was 
elated to the highest pitch by what he 
deemed his successful experiments, and 
he wrote a book upon witchcraft, in 
which he endeavored to prove the truth 
of his theories, and declared that he 
should esteem it a personal insult if any 
one should hereafter venture to deny the 
existence of witchcraft. The book was 
very generally read in New England, andi 
had a most pernicious effect upon the 
people by inducing them to give credit, 
to the stories of the writer rather than to 
listen to the promptings of their own 
good sense. Still there were some in 
Boston who had the boldness to differ 
with Mather, and these the indignant 
divine denounced as ' Sadducees.' 
Mather supported his views by his ser- 
mons. ' There are multitudes of Saddu- 
cees in our day,' he declared. 'A devil 
in the apprehension of these mighty 
acute philosophers is no more than a 
quality or a distemper. ***** 
Men counted it wisdom to credit noth- 
ing but what they say and feel. They 
never saw any witches ; therefore there 
are none.' The ministers of Boston and 
Charlestown gave their young colleague 
their hearty support, and declared that 
those who doubted the existence of 
witchcraft were guilty of atheism, and 
indorsed Mather's book as proving 
clearly that ' there is both a God and a 



HISTORY OF THE UNITED STATES— COLONIAL. 



I42 

devil, and witchcraft.' Thus did the 
clergy of Massachusetts set themselves 
to the task of forcing their own narrow 
views upon the people. It was a needed 
lesson. New England had passed the 
time when clerical rule in political affairs 



Book I.,c. 20 



Phipps, as governor of the province, and 
the nomination of his father-in-law and 
many of his intimate friends to the 
council. 

" The ambitious Stoughton, the deputy- 
governor, was also subject to his in- 




THE REV. COTTON MATHER. 

could be productive of good, and was | fluence. Here was a fine opportunity to 
now to be taught the danger of permit- | endeavor to establish the power of the 
ting it to extend beyond this period, clergy upon the old foundations, which 
At this juncture, Mather's power was I were being destroyed by the growing in- 
greatly strengthened by the appointment telligence and independence of the peo- 
of his friend and parishioner, Sir William | pie. Many of the ministers, under the 



THE NE W ENGLAND CONFEDERA TION. 



143 



lead of Cotton Mather, had committed 
themselves to the doctrine of witchcraft, 
and the people must accept it upon their 
simple assertion. No inquiry must be 
allowed into the matter; the opinions of 
the ministers must be adopted by the 
laity. And so Mather and his followers 
resorted to the usual weapons of super- 
stition to accomplish the success of their 
plans. 

" In 1692 a new case of witchcraft 
occurred in Salem village, now the town 
of Danvers. The minister of this place 
was Samuel Parris, between whom and 
a number of his people there had for 
some time existed dissensions of such a 
bitter nature that the attention of the 
general court had been directed to them. 
In February, 1692, the daughter and 
niece of Parris, the former a child of nine 
years, and the latter of less than twelve, 
gave signs of being bewitched. Parris 
at once recognized the opportunity which 
was thus offered him for vengeance upon 
his enemies, and deliberately availed 
himself of it. He demanded of the 
children the names of the persons who 
had bewitched them, and then proceeded 
to accuse those whom he succeeded in 
inducing the girls to denounce. The 
first victim was Rebecca Nurse. She 
was known in the community as a 
woman of exemplary Christian character; 
but she was one of the most resolute 
opponents of Parris. Upon his accusa- 
tion she was arrested and imprisoned. 
The next Sunday Parris preached a ser- 
mon from the text, ' Have I not chosen 
you twelve? and one of you is a devil.' 
As it was evident that his remarks were 
to be directed against Mistress Nurse, 
Sarah Cloyce, a sister of the accused, at 
once left the church. This in itself was 
a serious offence in those days, and 
Parris took advantage of it to accuse the 



offender of witchcraft, and she was sent 
to join her sister in prison. Mather, 
who deemed his credit at stake, lent his 
active aid to the persecution of these 
unfortunate people, and had the vanity 
to declare that he regarded the efforts of 
' the evil angels upon the country as a 
particular defiance unto himself.' Par- 
ris scattered his accusations right and 
left, becoming both informer and witness 
against those whom he meant to destroy 
for their opposition to him. In a few 
weeks nearly one hundred persons were 
in prison upon the charge of witchcraft. 
Abigail Williams, Parris's niece, aided 
her uncle with her tales, which the least 
examination would have shown to be 
absurd. George Burroughs, one of the 
ministers of Salem, had long been re- 
garded by Parris as a rival, and he now 
openly expressed his disbelief in witch- 
craft, and his disapproval of the measures 
against those charged with that offence. 
This boldness sealed his doom. He was 
accused by Parris, and committed to 
prison 'with the rest of the witches.' 
' The gallows was to be set up, not for 
those who professed themselves witches, 
but for those who rebuked the delusion.' 
" Governor Bradstreet, who had been 
chosen by the people, was unwilling to 
proceed to extreme measures against the 
accused, as he had no faith in the evi- 
dence against them. The arrival of the 
royal governor and the new charter in 
Boston in May, 1692, placed Cotton 
Mather and his fellow-persecutors in a 
position to carry out their bloody designs. 
The general court alone had authority to 
appoint special courts, but Governor 
Phipps did not hesitate to appoint one 
himself for the trial of the accused perr 
sons at Salem, and this illegal tribunal, 
with Stoughton as its chief judge, 
met at Salem on the 2d of June. In 



HISTORY OF THE UNITED STATES— COLON! A L. 



I44 

this court Parris acted as prosecutor, 
keeping back some witnesses, and push- 
ing others forward as best suited his plans. 

" The first victim of the court was 
Bridget Bishop, 'a poor, friendless old 
woman.' Parris, who had examined her 
at the time of her commitment, was the 
principal witness against her. Deliver- 
ance Hobbs being also accused, a natural 
infirmity of her body was taken as a 
proof of her guilt, and she was hanged, 
protesting her innocence. Rebecca 
Nurse was at first acquitted of the 
charges against her, but the court re- 
fused to receive the verdict of the jury, 
and Parris was determined that the 
woman against whom he had preached 
and prayed should not escape him, and 
the jury were induced to convict her and 
she was hanged. John Willard, who 
had been compelled by his duty as a 
constable to arrest the accused, now re- 
fused to serve in this capacity any longer, 
as he had become convinced of the hy- 
pocrisy of the instigators of the perse- 
cution. He was immediately denounced, 
tried and hanged. 

" When George Burroughs, the minis- 
ter, was placed on trial the witnesses 
produced against him pretended to be 
dumb. 'Who hinders these witnesses 
from giving their testimonies?' asked 
Stoughton, the chief judge. ' I suppose 
the devil,' replied Burroughs, contemptu- 
ously. ' How comes the devil,' cried 
Stoughton, exultingly, 'so loath to have 
any testimony borne against you ?' The 
words of the prisoner were regarded as 
a confession, and his remarkable bodily 
strength was made an evidence of his 
guilt. He was convicted, and sentenced 
to be hanged. He was executed on the 
19th of August, with four others. As 
he ascended the scaffold Burroughs 
made an appeal to the people assembled 



Book I., c. 20 



to witness the execution, and effectually 
vindicated himself from the absurd 
charges against him, and repeated the 
Lord's prayer, which was regarded as a 
test of innocence. The spectators were 
powerfully affected, and seemed about to 
interfere in favor of the victim. Cotton 
Mather, who was present on horseback, 
now exerted himself to complete the 
judicial murder. He harangued the 
people, insisted on the guilt of Bur- 
roughs, reminding them that the devil 
could sometimes assume the form of an 
angel of light, and even descended to 
the falsehood of declaring that Bur- 
roughs was no true minister, as his ordi- 
nation was not valid. His appeal was 
successful, and the execution was com- 
pleted. 

" Giles Cory, an old man over eighty 
years of age, seeing that no denial of 
guilt availed anything, refused to plead, 
and was pressed to death, in accordance 
with an old English law, long obsolete, 
which was revived to meet his case. 
Samuel Wardwell confessed his guilt, 
and escaped the gallows. Overcome 
with shame for his cowardice, he re- 
tracted his confession, and was hanged 
for denying witchcraft. A reign of ter- 
ror prevailed in Salem; the prisons were 
full ; and no one could feel sure how 
long he would escape accusation and 
arrest. Many persons confessed their 
guilt to save their lives. Children ac- 
cused their parents, parents their children, 
and husbands and wives each other of 
the most impossible offences, in the hope 
of escaping the persecution themselves. 
Hale, the minister of Beverley, was a 
zealous advocate of the persecution until 
the bitter cup was presented to his own 
lips by the accusation of his wife. Many 
persons were obliged to fly the colony, 
and the magistrates, conscious that they 



THE NEW ENGLAND CONFEDERATION. 



145 



were already exceeding their powers, 
were careful not to demand their sur- 
render. 

"We have mentioned only some of 
the principal cases to show the character 
of the persecution, as our limits forbid 
the relation of all. The total number 
hanged was twenty; fifty-five were tor- 
tured or terrified into confessions of 
guilt. The accusations were at first 
lodged against persons of humble station, 
but at length reached the higher classes. 
Governor Phipps' wife and two sons of 
Governor Bradford are said to have been 
among the accused. 'Insanity,' says 
Judge Story, 'could hardly devise more 
refinements in barbarity, or profligacy 
execute them with more malignant cool- 
ness.' Every principle of English j ustice 
was violated to secure the condemnation 
of the accused, and people were en- 
couraged by the magistrates to accuse 
others as a means of securing the favor 
of the authorities. 

" These terrible deeds were not the 
work of the people of Massachusetts, 
and under a popular government would 
have been impossible; for though the 
belief in witchcraft was general, the 
sentiment of the people was against the 
barbarity of the court. The Salem 
tragedies were the work of a few men, 
not one of whom was responsible in any 
way to the people. ' Of the magistrates 
at that time, not one held office by the 
suffrage of the people; the tribunal, 
essentially despotic in its origin, as in its 
character, had no sanction but an extra- 
ordinary and an illegal commission ; and 
Stoughton, the chief judge, a partisan of 
Andros, had been rejected by the people 
of Massachusetts. The responsibility 
of the tragedy, far from attaching to the 
people of the colony, rests with the very 
few, hardly five or six, in whose hands 
10 



the transition state of the government 
left for a season unlimited influence. 
Into the interior of the colony the de- 
lusion did not spread at all.'* 

" Stoughton's court, having hanged 
twenty of its victims, adjourned about 
the last of September, 1692, until No- 
vember, and on the 18th of October 
the general court met. The indignation 
of the people had been gathering force, 
and men were determined to put a stop 
to the judicial murders and tortures 
which had disgraced them so long. Re- 
monstrances were at once presented to 
the Assembly against 'the doings of the 
witch tribunals,' the people of Andover 
leading the way in this effort. The As- 
sembly abolished the special court, and 
established a tribunal by public law. It 
was ordered that this court should not 
meet until the following January. The 
governor attempted to undo the work 
of the Assembly by appointing Stough- 
ton chief judge of the new court. When 
that tribunal met at Salem in January, 
1693, it was evident that the public mind 
had undergone a marked change. The 
influence of the leaders of the delusion 
was at an end. The grand jury rejected 
the majority of the presentments offered 
to it, and when those who were indicted 
were put on trial, the jury brought in 
verdicts of acquittal in all but three 
cases. The governor, now alive to the 
force of public sentiment, reprieved all 
who were under sentence, to the great 
disgust of Stoughton, who left the bench 
in a rage when informed of this action. 
The persecutors, anxious to cover their 
defeat by the execution of one more 
victim, employed all their arts to procure 
the conviction of a woman of Charles- 
town, who was commonly believed to be 
a witch. They supported their charge 



Bancroft's Hist, of United States, vol. iii., p. 88. 



146 



JllsiORY OE EIIE UNTIED STATES— COLONIAL. 



Book I.,c. 20 



by more important evidence than had 
been presented in any case at Salem, but 
the jury at once returned a verdict of 
' not guilty.' 

" Cotton Mather was intensely morti- 
fied by the failure of his efforts to force 
the people into a general acceptance of 
his views. He got up a case of witch- 
craft in Boston, but was careful to cau- 
tion his possessed people to refrain from 
accusing any one of bewitching them. 
Robert Calef, an unlettered man, but 
one whose common sense could not be 
led astray by Mather, promptly exposed 
the imposture in a pamphlet, which effec- 
tually destroyed Mather's influence for 
harm. Mather, unable to reply to him, 
denounced him as an enemy of religion, 
and complained that Calef s book was 'a 
libel upon the whole government and 
ministry of the land,' forgetting that only 
seven or eight ministers, and no magis- 
trate, commanding the confidence of the 
people, had any share in the tragedies. 
Calef continued his writings, however, 
undismayed by the indignation of his 
adversary, and his book was finally pub- 
lished in England, where it attracted 
considerable attention. 

" The danger was now over. It was 
no longer possible to procure a convic- 
tion from witchcraft. The indignant 
people of Salem village at once drove 
the wretched Parris and his family from 
the place. Noyes, the minister of Salem, 
who had been active in the persecutions, 
was compelled to ask the forgiveness of 
the people, after a public confession of 
his error. The devotion of the rest of 
his life to works of charity won him the 
pardon he sought. Sewall, one of the 
judges, struck with horror at the part he 
had played in the persecution, made an 
open and frank confession of his error, 
and implored the forgiveness of his fel- 



low-citizens. His sincerity was so evi- 
dent that he soon regained the favor he 
had lost. Stoughton passed the re- 
mainder of his life in proud and haughty 
disregard of the opinion of his fellow- 
men, scorning to make any acknowledg- 
ment of error, and evincing no remorse 
for his cruelties. 

"As for the prime mover of the delu- 
sion, the Rev. Cotton Mather, nothing 
could induce him to admit that he could 
by any possibility have been in error; 
not even the recollection of the sorrow he 
had brought upon some of the best peo- 
ple in the colony could shake his im- 
penetrable self-conceit, or humble him. 
When it was plain to him that he was 
the object of the indignation of all good 
men in New England, he had the hardi- 
hood to endeavor to persuade them that 
after all he had not been specially active 
in the sad affair. * * * * 

" And yet this man was not to die 
without rendering to the country a gen- 
uine service. In 1721, having become 
satisfied that inoculation was a sure pre- 
ventive of small-pox, he advocated the 
introduction of it into the colony. He 
was opposed by the whole body of the 
clergy, who declared that it was an at- 
tempt to defeat the plans of the Al- 
mighty, who ' sent the small-pox as a 
punishment for sins, and whose ven- 
geance would thus be only provoked the 
more.' The people of the colony were 
also bitterly opposed to the inoculation, 
and threatened to hang Mather if he did 
not cease his advocacy of it. His life 
was at one time in serious danger, but 
he persevered, and at length had the 
satisfaction of seeing the practice of in- 
oculation generally adopted by the peo- 
ple who had so hotly opposed it." 

Of these events and occurrences, Rid- 
path, in his " History of the United 



THE NEW ENGLAND CONFEDERATION. 



H7 



States," gives the following account:* 
" Massachusetts had in the meantime 
been visited with a worse calamity than 
ever. The darkest page in the history 
of New England is that which bears the 
record of the Salem witchcraft. The 
same town which fifty-seven years pre- 
viously had cast out Roger Williams, was 
now to become the scene of the most 
fatal delusion of modern times. In Feb- 
ruary of 1692, in that part of Salem 
afterwards called Danvers, a daughter 
and a niece of Samuel Parris, the minis- 
ter, were attacked with a nervous dis- 
order which rendered them partially 
insane. Parris believed, or affected to 
believe, that the two girls were be- 
witched, and that Tituba, an Indian 
maid-servant of the household, was the 
author of the affliction. He had seen 
her performing some of the rude cere- 
monies of her own religion, and this gave 
color to his suspicions. He tied Tituba, 
and whipped the ignorant creature until, 
at his own dictation, she confessed her- 
self a witch. Here, no doubt, the mat- 
ter would have ended, had not other 
causes existed for the continuance and 
spread of the miserable delusion. 

" But Parris had had a quarrel in his 
church. A part of his congregation de- 
sired that George Burroughs, a former 
minister, should be reinstated, to the ex- 
clusion of Parris. Burroughs still lived 
at Salem ; and there was great animosity 
between the partisans of the former and 
the present pastor. Burroughs disbe- 
lieved in witchcraft, and openly ex- 
pressed his contempt of the system. 
Here, then, Parris found an opportunity 
to turn the confessions of the foolish 
Indian servant against his enemies, to 
overwhelm his rival with the supersti- 
tions of the community, and perhaps to 

*See Ridpatb, p. 150, et sequent. 



have him put to death. There is no 
doubt whatever that the whole murder- 
ous scheme originated in the personal 
malice of Parris. 

" But there were others ready to aid 
him. First among these was the cele- 
brated Cotton Mather, minister, of Bos- 
ton. He, being in high repute for wis- 
dom, had recently preached much on the 
subject of witchcraft, teaching the people 
that witches were dangerous and ought to 
be put to death. He thus became the 
natural confederate of Parris, and the 
chief author of the terrible scenes that 
ensued. Sir William Phipps, the royal 
governor, who had just arrived from 
England, was a member of Mather's 
church. Increase Mather, the father of 
Cotton, had nominated Phipps to his 
present office. Stoughton, the deputy- 
governor, who was appointed judge, and 
presided at the trials of the witches, was 
the tool of Parris and the two Mathers. 
To these men, more especially to Parris 
and Mather, must be charged the full 
infamy of what followed. 

" By the laws of England, witchcraft 
was punishable with death. The code 
of Massachusetts was the same as that 
of the mother country. In the early his- 
tory of the colony, one person charged 
with being a wizard had been arrested 
at Charlestown, convicted, and executed. 
But with the progress and enlightenment 
of the people, many had grown bold 
enough to denounce and despise the 
baleful superstition. Something, there- 
fore, had to be done to save the tottering 
fabric of witchcraft from falling into con- 
tempt. A special court was accordingly 
appointed by Governor Phipps, to go to. 
Salem and sit in judgment on the per- 
sons accused by Parris. Stoughton was 
the presiding judge, Parris himself the 
prosecutor, and Cotton Mather a kind 



148 



HISTORY OF THE UNITED STATES— COLONIAL. 



i;<">k I., c. 20 



of bishop to decide when the testimony 
was sufficient to condemn. 

"On the 2 1 st of March the horrible 
proceedings began. Mary Cory was 
arrested, not indeed for being a witch, 
but for denying the reality of witchcraft. 
When brought before the church and 
court, she denied all guilt, but was con- 
victed and hurried to prison. Sarah 
Cloyce and Rebecca Nurse, two sisters, 
of the most exemplary lives, were next 
apprehended as witches. The only wit- 
nesses against them were Tituba, her 
half-witted Indian husband, and the 
simple girl, Abigail Williams, the niece 
of Parris. The victims were sent to 
prison attesting their innocence. Giles 
Cory, a patriarch of eighty years, was 
next seized ; he also was one of those 
who had opposed Parris. The Indian 
accuser fell down before Edward Bishop, 
pretending to be in a fit under satanic 
influences ; the sturdy farmer cured him 
instantly with a sound flogging, and said 
that he could restore the rest of the 
afflicted in the same manner. He and 
his wife were immediately arrested and 
condemned. George Burroughs, the 
rival of Parris, was accused and hurried 
to prison. And so the work went on 
until seventy-five innocent people were 
locked up in dungeons. Not a solitary 
partisan of Parris or Mather had been 
arrested. In the hope of saving their 
lives, some of the terrified prisoners now 
began to confess themselves witches or 
bewitched. It was soon found that a 
confession was almost certain to procure 
liberation. It became evident that the 
accused were to be put to death, not for 
being witches or wizards, but for denying 
the reality of witchcraft. The special 
court was already in session ; convictions 
followed fast ; the gallows stood waiting 
for its victims. The truth of Mather's 



preaching was to be established by 
hanging whoever denied it ; and Parris 
was to save his pastorate by murdering 
his rival. When the noble Burroughs 
mounted the scaffold, he stood com- 
posedly and repeated correctly the test 
prayer which it was said no wizard could 
utter. The people broke into sobs and 
moans, and would have rescued their 
friend from death, but the tyrant Mather 
dashed among them on horseback, mut- 
tering imprecations, and drove the hang- 
man to his horrid work. Old Giles Cory, 
seeing that conviction was certain, refused 
to plead, and zvas pressed to death. Five 
women were hanged in one day. Be- 
tween the ioth of June and the 22d of 
September, twenty victims were hurried 
to their doom. Fifty-five others had 
been tortured into the confession of 
abominable falsehoods. A hundred and 
fifty lay in prison awaiting their fate. 
Two hundred were accused or suspected, 
and ruin seemed to impend over New 
England. But a reaction at last set in 
among the people. Notwithstanding the 
vociferous clamor and denunciations of 
Mather, the witch tribunes were over- 
thrown. The representative Assembly 
convened early in October, and the hated 
court which Phipps had appointed to sit 
at Salem was at once dismissed. The 
spell was dissolved. The thraldom of 
the popular mind was broken. Reason 
shook off the terror that had oppressed 
it. The prison doors were opened, and 
the victims of malice and superstition 
went forth free. In the beginning of the 
next year, a few persons, charged with 
witchcraft, were again arraigned and 
brought before the courts. Some were 
even convicted, but the conviction went 
for nothing ; not another life was sacri- 
ficed to passion and fanaticism. 

" Most of those who had participated in 















I in iiiijijpiHiaiiii! 1 ;! 11 


1:1,: .' 


.- 














■■' !' ! ' ' 























THE NEW ENGLAND CONFEDERATION. 



I49 



the terrible deeds of the preceding 
summer confessed the great wrong which 
they had done ; but confessions could 
not restore the dead. The bigoted 
Mather, in a vain attempt to justify him- 
self before the world, wrote a treatise in 
which he expressed his great thankful- 
ness that so many witches had met their 
just doom. It is not the least humili- 
ating circumstance of this sad business 
that Mather's hypocritical and impudent 
book received the approbation of the 
President of Harvard College. In all 
this there is to the American student one 
consoling reflection — the pages of his 
country's history will never again be 
blotted with so dark a stain." * 

After this episode and digression upon 
the subject of witchcraft, which will ever 
be an interesting chapter in American 
history, we resume the thread of our 
narrative. 

From the peace of Utrecht, in 17 13, 
until the breaking out of war between 
Great Britain and France, in 1744, during 
the reign of George II., the colonies of 
New England enjoyed almost uninter- 
rupted peace. In Massachusetts, after 
the appointment of Burnet, as governor, 
in 1728, disputes were kept up with little 
intermission, through his administration 
into the succeeding one, between the 
governor and the Legislature, in regard 
to his salary and other financial matters. 
The Assembly ultimately triumphed. 

In 1744 war again broke out between 
the allied powers of France and Holland 
and Great Britain. Soon after the com- 
mencement of hostilities, the French 
made a descent upon Nova Scotia, which 
had remained in possession of Great 
Britain ever since its capture, in 17 10. 



* For a correct understanding of the general his- 
tory of the delusion of witchcraft, with its terrible 
tragedies, see Johnson's Cyclopedia, title Witchcraft. 



The Governor of Cape Breton took pos- 
session of Causeau, in Nova Scotia, made 
its garrison and inhabitants prisoners of 
war, and then made an attack upon An- 
napolis, but was defeated. These opera- 
tions roused the New England colonies 
to make an effort to subjugate all the 
French possessions north of them. Find- 
ing that the strong fortress of Louisbourg, 
on the island of Cape Breton, was used 
as a hiding-place for privateers, by whose 
operations they were much annoyed, they 
determined to capture it. 

Having obtained sanction of the British 
government, and the promise of the co- 
operation of Commodore Warren, with a 
large fleet, they began active preparations 
to carry out the design. Funds were 
raised by voluntary subscriptions and 
issuing bills of credit ; troops were raised 
by voluntary enlistment from the different 
New England colonies, and equipped, 
and by the last of April, 1745, an army 
of more than four thousand men, com- 
manded by Colonel Pepperell, was before 
Louisbourg. The French were surprised 
at the sudden appearance of the British 
fleet and the landing of the army, but 
they determined to defend the place. 

The colonists had a supply of provis- 
ions for two months ; and having easily 
captured all the approaches to the town, 
they regularly began the siege. Two 
weeks were occupied in dragging their 
cannon from the landing-place, two 
miles through a deep morass, to their 
encampment, where the guns could be 
of use. Meantime, the fleet off the 
harbor captured a French man-of-war, 
having on board a reinforcement of more 
than five hundred men. Discouraged 
by this loss, and despairing of receiving 
any assistance and supplies, the French 
commandant, after a siege of seven 
weeks, surrendered. The surrender took 



HISTORY OF THE UNITED STATES— COLONIAL. 



I50 

place on the 17th of June. Colonel 
Pepperell, who commanded the expedi- 
tion, and Shirley, Governor of Massa- 
chusetts, who planned it, were both re- 
warded with the honor of knighthood 
for its success. 

Mortified at their loss, the French 
made extraordinary efforts to retrieve it, 
and to inflict chastisement on New Eng- 
land. A fleet was equipped, consisting 
of forty vessels-of-war and fifty-six 
transports, having on board a force of 
near four thousand men, under the com- 
mand of the Duke D'Auville. This 
fleet sailed from France in the spring of 
1746. The news of its approach spread 
terror throughout New England, but a 
succession of disasters deprived it of 
power to harm. A violent storm scat- 
tered it, and only a few vessels arrived 
at Halifax. These were in no condition 
to make a descent on New England. 
They sailed, however, for the purpose 
of attacking Annapolis, but were again 
scattered by a storm, and made the best 
of their way back to France. 

A treaty of peace between the three 
powers was signed at Aix-la-Chapelle, 
in October, 1748. By this treaty Cape 
Breton was restored to the French, a 
general restitution of places captured 
during the war being made by all the 
belligerent powers. But the question 
of boundary between the possessions of 
France and Great Britain in America 
was left unsettled, and it was rapidly 
becoming one of grave importance. In 
many cases the claims of the two coun- 
tries were conflicting. There was no 
well-defined boundary between Canada 
and New England, none between Nova 
Scotia and the French possessions ; and 
the extent of Louisiana, which France 
had also acquired, was altogether in- 
definite. About this time, also, the 



Book I., c. 21 



French began to entertain the grand 
scheme of building a chain of forts along 
the great lakes and down the Mississippi 
to their colony of New Orleans, which 
was now in a flourishing condition. 



CHAPTER XXI. 

SETTLEMENT OF GEORGIA. 
(1732— 1776.) 




Georgia a charily colony — Charter to Oglethorpe ano 
twenty-one noblemen and gentlemen of England 
to hold the lands in trust for the poor fortwenty-one 
years — Character of Oglethorpe — The Yamacraws 
— To-mo-chi-chi — Settlement of Savannah — Da 
rien — Frederica — Ebenezer — The Salzburghers — 
Martin Bolzius — Augusta — Revs. John and Charles 
Wesley — Whilefield — Orphan House established 
— Oglethorpe's perilous adventure — Great Indian 
treaty at Coweta — Spanish war — Invasion of Geor- 
gia — Oglethorpe, Brigadier-General — Defends the 
colony against great odds — The battle of Bloody 
Marsh — Signal victory — Spanish fleet leaves the 
country — Peace restored — Oglethorpe returns to 
England — Refuses to take command of British 
forces against the colonies, except on conditions — 
Old age and death. 

1 /7f HE colony of Georgia was founded 
by James Oglethorpe — a name 
which will ever stand pre-emi- 
nent among our American " Con- 
ditores," or Founders of states 
and commonwealths. This distinguished 
soldier, scholar, statesman, and philan- 
thropist, was born on the 2ist of Decem- 
ber, 1688, at Westbrooke Place, near 
London, the country-seat of his father, 
Sir Thcophilus Oglethorpe. Educated 
at the University of Oxford, he joined, at 
the age of twenty-two, the British army 






COLONY OF GEORGIA. 



151 



as ensign. His passion for military life 
and aptitude for command made his 
rise in rank easy and rapid. At the 
early age of twenty-six years he was 
adjutant-general of the queen's forces. 
As aid-de-camp to Prince Eugene he 
won great distinction in the campaigns 
against the Turks, and received from 
that renowned captain the highest testi- 
monials to his good conduct, unquailing 
valor, and superlative military merit. 
When peace was restored in 
17 1 8, he returned to Eng- 
land, and soon afterward was 
chosen member of Parliament 
for Hasle-mere. 

The best evidence of the 
ability, fidelity and accept- 
ance with which he dis- 
charged that honorable trust 
is, that he represented that 
borough in the House of 
Commons forthirty-two years. 
Young as he was, and without 
experience in that department 
of state-craft whereof the 
legislative hall is the special 
theatre, he at once rose to a 
position of eminence and in- 
fluence. He carried into civil 
life the warm affections, lively 
sensibilities, large benevo- 
lence and ardent philan- 
thropy which were part of his nature, 
and which the vocation of a soldier had 
been powerless to blunt or to freeze. 
Among the many important measures 
with which his parliamentary career is 
identified, either in advocacy or opposi- 
tion, none is more honorable to his fame 
than the firm stand he took in behalf of 
the poor and against imprisonment for 
debt. He possessed many of the high- 
est virtues both of the masculine and 
feminine character — conjoining fortiter in 



re with suaviter in modo in harmonious 
union. In emergencies requiring the 
exercise of the heroic element in man, 
his courage, refined by chivalry, saw no 
peril and knew no fear ; while his heart, 
tender as pity, could contemplate no 
scene of unjust suffering without melting 
into compassion which few but women 
can feel. He was just and he was gen- 
erous ; and while slow to forgive an 
injury, he never forsook a friend or for- 




GENERAL OGLETHORPE. 

got a favor. His charities and private 
benefactions were circumscribed only by 
a prudent regard for his means. Honor 
was his polar star, and he dreaded a 
stain more than a wound. No tempta- 
tion, no lust of power, place, favor, or 
fortune could allure him from what he 
deemed to be the path of duty and of 
rectitude. 

Such was the man to whom, with his 
associates, George II. of England made 
a grant of territory the 9th of June,. 



152 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c. 21 



1732, for a new colony, to be named 
Georgia in honor of the king who 
granted the charter. It extended " from 
the head waters of the Savannah river to 
its mouth, thence along the coast to the 
Altamaha, and up that river to its head 
waters, and thence westerly, in direct lines 
from the head waters of said rivers re- 
spectively, to the South Seas," which 
was equivalent to an extension from that 
point indefinitely westward. The same 
territory had been embraced in the 
Clarendon charter of 1663 ; and in 17 17 
the lord proprietors of South Carolina 
had granted to Sir Robert Montgomery 
that portion of it which lies between the 
rivers " Savannah and Altamaha," under 
the title of " Margravate of Azilia ; " 
but as no settlements had been made 
under either of these grants, west of the 
Savannah river, until after the forfeiture of 
the Clarendon charter in 1729, the whole 
territory embraced within the chartered 
limits of Georgia was, therefore, in 1732, 
granted to Oglethorpe and his associates. 

The object of Oglethorpe, who was 
a member of Parliament, and who 
was distinguished alike for benevolence, 
patriotism and statesmanship, as has 
been stated, was not only to provide 
a home and means of subsistence for 
the poor inhabitants of Great Britain, 
but to furnish a refuge for the distressed 
and persecuted Salzburghers and other 
Protestants on the continent of Europe. 
The provisions of the charter set forth dis- 
tinctly its purposes. The lands were con- 
veyed to Oglethorpe and twenty-one no- 
blemen and gentlemen of England (at the 
head of whom stood Lord Percival),to hold 
in trust for the purposes therein named. 

The common seal of this corporation 
was both appropriate and suggestive. 
On one side was a group of silk worms 
at their toils, with the motto — Non sibi 



scd aliis — Not for themselves, but for 
others. In his history of Georgia, 
Bishop Stevens well says : " It was the 
first colony ever founded by charity. 
New England had been settled by Puri- 
tans, who fled thither for conscience 
sake — New York, by a company of 
merchants and adventurers in search of 
gain — Maryland, by Papists retiring from 
Protestant intolerance — Virginia, by am- 
bitious cavaliers — Carolina, by the 
scheming and visionary Shaftesbury and 
others, for private aims and individual 
aggrandizement; but Georgia was 
planted by the hand of benevolence, and 
reared into being by the adventurous 
nurturings of a disinterested charity."* 

After obtaining the charter, Oglethorpe 
entered immediately upon the discharge 
of the high trust assumed by him. He 
soon raised a company of a hundred 
and sixteen persons of the poor and 
destitute for his new settlement in 
Georgia, and, as governor of the colon}-, 
embarked with them at Gravesend, on 
the 17th of November, 1732, in the ship. 
Anne, 200 tons, John Thomas, master, 
having on board in all about one hun- 
dred and thirty, including emigrants and 
crew, and arrived early in the next year 
at Charleston, where they were cordially 
received by Governor Craven, of that 
colony, and the inhabitants generally. 

From Charleston they proceeded to 
Beaufort, and while the colonists went 
ashore for recreation at Beaufort, Ogle- 
thorpe ascended the Savannah river, and 
chose for the site of his settlement the bluff 
where the city of Savannah now stands. 
At a distance of half a mile dwelt the 
Yamacraws, a branch of the Muskogees, 
who, with To-mo-chi-chi, their distin- 
guished chief, very soon made demon- 
strations of friendship, and sought an 



* Stevens's Hist, of Georgia, vol. i., p. 68. 



COLONY OF GEORGIA. 



153 



alliance with him. Mary Musgrove, the 
half-breed wife of an Indian trader, acted 
as an interpreter. She was the Poca- 
hontas of the Georgia colony, and ex- 
erted powerful influence in shaping its 
future fortunes. The chief presented him 
a buffalo-robe, painted on the inside with 
the head and feathers of an eagle, saying, 
" The feathers of the eagle are soft, and 
signify love ; the buffalo-skin is warm, 
and is the emblem of protection. There- 
fore, love and protect our little families." 
To-mo-chi-chi and Oglethorpe from the 
first interview became friends. Ogle- 
thorpe made liberal payments for as 
much land as he needed. A cordial 
welcome was given by the old chief to 
the new colonists. Oglethorpe immedi- 
ately laid out the town of Savannah in 
streets and squares, on the plan which 
still exists, and commenced building 
houses. His fame soon penetrated the 
wilderness, and in a short time, treaties 
were made with the lower Muskogees, 
the Creeks, and even with the Cherokees, 
of the mountains, and the Choctaws on 
the borders of the Gulf of Mexico. The 
Muskogees begged him to have pity on 
the broken and feeble remnant of the 
Yemassees. The red men all had great 
confidence in him, for he always acted in 
good faith, and had a most noble mien 
and sweet disposition. 

The Salzburghers were descended from 
the Vallenses, a name derived from the 
Alpine valleys of Piedmont ; but the 
Salzburghers themselves are so called 
from Salzburgh, the broad valley of the 
Salza, which lies between the Norric 
and Rhetian Alps. All the inhabitants 
of this valley were denominated Salz- 
burghers. Many of them were Protes- 
tants (Lutherans) ; what proportion, it is 
impossible to say; but it must have been 
considerable, if we judge from the large 



numbers that were compelled to seek 
safety in other countries. A persecution 
was begun under Leopold, Duke of 
Austria, in 1729, and continued with 
great violence until 1732. The victims 
experienced every species of outrage that 
fanaticism could suggest. They were 
whipped, imprisoned, murdered, ban- 
ished, and their property was confiscated. 
All natural ties were disregarded. Chil- 
dren were torn from their parents. Hus- 
bands and wives were banished from each 
other. Over thirty thousand of these 
suffering people were exiled, and sought 
an asylum elsewhere. 

In December, 1732, the trustees of 
Georgia, warranted by a special fund 
raised for that purpose, invited fifty 
families of these pilgrims to remove to 
the colony. Forty-two men, some with 
families, numbering in all seventy-eight 
persons, availed themselves of the offer. 
They arrived at Charleston, S. C, early 
in March, 1734. They left that city on 
the 9th, and on the 1 ith entered the 
Savannah river. On the 12th they ar- 
rived at Savannah, where they were very 
cordially received. Oglethorpe himself 
went down to the river, met them, 
and bid them welcome to their new 
homes. Having all safely disembarked, 
the next object of interest was to select 
a location for settlement. General Ogle- 
thorpe informed Baron Von Reck, who 
conducted the expedition, that his people 
might make their own selection. They 
desired to be removed some distance 
from the sea, amongst hills and dales, 
and where the country was supplied with 
springs of fresh water. Accordingly, 
Oglethorpe, in company with Paul Jenys, 
Esq., Speaker of the South Carolina 
House of Assembly, Baron Von Reck, 
Mr. Grenau, Dr. Twiffler, their physician, 
and one of the Lutheran elders, with 



154 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book l.,c 21 



some Indians, made a tour of observa- 
tion. They penetrated nearly thirty 
miles into the interior, and chose a place 
on " the banks of a river of clear water, 
the sides high, the country of the neigh- 
borhood hilly, the valleys of rich cane 
land, intermixed with little brooks and 
springs of water." 

The Salzburghers were highly delighted 
with the situation and appearance of the 
country ; and feeling deeply moved 
with pious gratitude to God for His 
great goodness in conducting them to 
such a lovely land of safety, after sing- 
ing a Psalm, they set up a stone which 
they found upon the spot, and named the 
place " Ebenezer, the stone of help ; " 
for they could say with truth, " Hitherto 
the Lord has helped us." In this man- 
ner was laid the foundation of the set- 
tlement of the Salzburghers. 

This location was in a region of the 
country afterwards known as St. Mat- 
thew's Parish ; subsequently erected into 
a county, and called Effingham, in honor 
of Lord Effingham, who, in the British 
Parliament, some years afterwards, de- 
fended the resistance of the colonies to 
the mother country, and resigned his 
commission in the army rather than fight 
for what he believed an unjust cause. 
The county still bears the name of Effing- 
ham. Oglethorpe was exceedingly ju- 
dicious in the location of his settlements, 
with a view to the protection of the colo- 
nists from attack, either from the Indians 
or the Spaniards. In 1735 a company 
of Scotch Highlanders was settled at 
Darien. Soon afterward Oglethorpe as- 
cended the river Savannah to a point 
just below the falls, and built a fort, 
which he named Augusta, in honor of 
one of the royal princes. Having se- 
cured by treaty with the Indians all the 
territory lying between the Altamaha 



and St. Mary's rivers, he erected a fort 
on Cumberland island, which he named 
Fort William ; and also built another 
fort on Amelia island, to which he gave 
the name of Fort St. George. 

In 1738 a company of immigrants was 
located at Frederica, on St. Simon's 
island. 

The civil and military affairs of the 
entire colony of Georgia, including the 
settlements of Ebenezer, Darien, Fred- 
erica, and Augusta, were under the con- 
trol of the trustees, with Oglethorpe the 
chief executive officer ; but the imme- 
diate superintendence of the settlement 
at Ebenezer was assigned to the Rev. 
John Martin Bolsius, and his colleague, 
Mr. Grenau,by whom the affairs of the set- 
tlement were most judiciously managed. 

The trustees, in their regulations for 
the government of Georgia, forbid the 
importation of rum, and the introduction 
of negro slaves. Georgia was the only 
colony which prohibited the introduction 
of negroes. All the others, from the 
time that Virginia received the first cargo, 
sooner or later had patronized the 
African slave trade. The enforcement 
of the prohibition against rum was at- 
tended with serious difficulty in all parts 
of the colony except at Ebenezer. 
Strictly temperate themselves, they re- 
quired not the stimulus of ardent spirits, 
and they saw that its habitual excessive 
use was injurious to piety and good 
morals. 

In April, 1734, after remaining con- 
stantly in the colony about fifteen 
months, Oglethorpe resolved to visit 
England, to the end that the trustees 
and the public generally might be better 
informed as to the true state of affairs 
touching the colony. To-mo-chi-chi, 
and other chiefs of the lower Creeks, 
upon invitation, accompanied him. 



COLONY OF GEORGIA. 



155 



They produced quite a sensation in I gia in February, 1736, with several hun- 

IP and ( T rMt- nnmKpi-c finr-V^A 4-~ „,,,. J i ; • _ 



England. Great numbers flocked to see 
them, and presents of various kinds were 
bestowed upon them. On the ist of 
August, they were presented to the king 
with great pomp and ceremony. They 
remained in England about four months, 



dred immigrants. On their return voy- 
age, Rev. John Wesley, and his brother 
Charles, accompanied him, the latter 
acting as his private secretary. 

Their special mission was to preach 
the gospel to the Indians, and to try and 




JOHN WESLEY. 



and were sent back in the " Prince of 
Wales," a public ship. In the same came 
also quite a number of new colonists, 
and fifty-six more Salzburghers, newly 
arrived from Rotterdam. 

Oglethorpe himself returned to Geor- 



improve the moral and religious condi- 
tion of the colony. To his intercourse with 
these Moravians and Salzburghers, and to 
his observation of their great calmness and 
resignation in a time of severe trial, John 
W'esley attributes his own conversion. 



i 5 6 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I.,c. Xt 



On his return to England, two years In a few years after the establishment 
after his first visit to Georgia, Mr. Wes- of the settlement of the Salzburghers, 
ley writes thus in his journal: "It is ; their produce of raw silk amounted to 
now two years and nearly four months ten thousand pounds a year. Indigo 
since I went to America to teach the also became a staple article of produc- 
Georgia Indians the nature of Christian- tion. Orphan-schools were established 




GEORGE WHITEFIELD. 



ity ; but what have I learned of myself 
in the meantime ? Why (what of all I 
least expected), that I, who went to 
America to convert others, was never 
myself converted to God " — words that 
should be most deeply and solemnly 
pondered by all. 



immediately after their arrival. Indeed, 
in their fundamental rules and regula- 
tions, they made it obligatory upon all 
members of the congregation to con- 
tribute to this end according to their 
ability. 

In 1738 Rev. George Whitefield, the 



COLONY OF GEORGIA. 



157 



most eloquent preacher of his day, came 
to Georgia. He visited the settlement 
at Ebenezer, and was so deeply im- 
pressed, and was so much gratified with 
the good the orphan school was doing 
in training and educating the fatherless, 
"homeless, and destitute, that he deter- 
mined to open a similar one. By his 
fervent zeal he was able to obtain suffi- 
cient funds in England and America. 
His institution was established a few 
miles from Savannah. It flourished un- 
der his fostering care during his life, and, 
with some modifications in its organiza- 
tions, still exists as a monument to his 
memory. Mr. Whitefield at first was op- 
posed to the introduction of negro slaves, 
tut afterwards changed his mind and 
spoke in its favor, for which he was 
sharply reproved by Mr. Balzius. But 
he justified himself by saying that God 
had some wise end to accomplish in ref- 
erence to African slavery; and that he 
had no doubt it would terminate to the 
advantage of the Africans. The problem 
is still in process of solution, with pros- 
pects favorable to Whitefield's specula- 
tions as to the Divine will and objects. 
Spain claimed the territory of Georgia 
as her own, and looked upon its coloni- 
zation by the English as an intrusion 
upon her rights. She therefore made a 
demand for its surrender, which being 
refused, she prepared to expel the in- 
truders. But there were other sources 
of irritation. Trade was not free, and 
the Spanish laws regulating it were fre- 
quently violated by the English mer- 
chants on the coasts of Florida, and when 
caught and punished they were regarded 
by their countrymen as martyrs to free 
trade rather than as law-breakers. Run- 
away negro slaves from South Carolina 
were also welcomed by the Spanish 
authorities in Florida; lands were given 



to them in that province, as an induce- 
ment to run away and seek a home 
there. 

Foreseeing that war with the Spaniards 
was inevitable, Oglethorpe repaired to 
England in 1737 for the purpose of ob- 
taining reinforcements which would ade- 
quately enable him to meet it. In that 
country he raised, equipped, and disci- 
plined a regiment of six hundred men, 
and in less than a year returned to 
Georgia, bringing with him the newly 
levied body of troops. Having been 
appointed commander-in-chief of all the 
militia forces of Georgia and South Car- 
olina, he henceforth bore the title of 
General Oglethorpe. 

War was at length declared by Eng- 
land against Spain. This was in 1739. 
But before the actual declaration, Ogle- 
thorpe, in July of that year, undertook 
an important and perilous mission, which 
proved in its results to be of incalculable 
benefit, not only to the colony, but to 
the mother country. In view of the ap- 
proaching conflict he fully realized the 
great advantages to be secured to Eng- 
land by a previous treaty of amity and 
friendship, with all the formidable Indian 
tribes, not only in his own colony, but 
westward to the Mississippi. 

Through To-mo-chi-chi it was brought 
about that an assembly consisting of all 
the principal chiefs of the Creeks, Choc- 
taws and Chickasaws, as well as the 
other tribes east of the Mississippi, 
should be held at Coweta, on the Chat- 
tahoochee river, before whom Oglethorpe 
should have a hearing. Coweta was the 
most important town of the Creeks. It 
was several hundred miles from Savan- 
nah, requiring several days of travel 
through a trackless wilderness to reach 
it. On the 17th of the month stated, 
Oglethorpe, accompanied by Lieutenant 



i 5 8 



HISTORY Of- THE UNITED STATES- COLONIAL 



Book I., i . Cl 



Dunbar, Ensign Leaman, and Cadet 
Eyre, and attended by his servants, with- 
out other escort, set out on this hazard- 
ous enterprise. At Ebenezer, he pro- 
cured some Indian traders, with saddle 
and Sumpter horses, to guide them 
through tangled thickets and over 
dreary swamps for several tedious days. 
" Wrapped in his cloak, with his port- 
manteau for a pillow," Oglethorpe lay 
down to sleep upon the ground as each 
night returned ; "or, if the night happened 



who escorted him the remainder of his 
way. Great was the joy of the repre- 
sentatives of all the tribes present on 
Oglethorpe's arrival. " By having under- 
taken so long and difficult a journey for 

j the purpose of visiting them, by coming 
amongst them with only a few attendants 

j in fearless reliance on their good faith, 
by the readiness with which he accom- 
modated himself to their habits, and by 
the natural dignity of his deportment, 
Oglethorpe won the hearts of his red 




INDIAN LIFE IN THEIR NATIVE FORESTS. 



to be wet, he sheltered himself in a covert 
of cypress boughs, spread upon poles." 
Eor a distance of two hundred miles 
the adventurers neither saw a human 
being or habitation. As they approached 
their journey's end, they occasionally 
found provisions deposited in suitable 
places by order of the chiefs who were ex- 
pecting them. When they reached within 
forty miles of Coweta, Oglethorpe met 
a deputation of the chiefs themselves, 



brothers, whom lie was never known 
to deceive. On the I ith of August, 
the chiefs of the several tribes as- 
sembled, and the great council was 
opened with all the solemn rites pre- 
scribed for such occasions. After many 
talks, terms of intercourse and stipula- 
tions for trade were satisfactorily ar- 
ranged ; and Oglethorpe, as one of their 
beloved men, partook of the Foskey, or 
black-medicine drink, and smoked with 



COLONY OF GEORGIA. 



159 



them the calumet, or hallowed pipe of 
peace."* 

The Creeks, the Muscogees, the Choc- 
taws, the Chickasaws, and Tallapoosas 
were all there, representing many thou- 
sand warriors. 

Commenting upon this remarkable 
journey and extraordinary diplomatic 
exploit of General Oglethorpe, Mr. 
Spalding (in the Georgia Historical 
Collections, vol. i., p. 263), with no less 
truth than fervor, remarks : " When we 
call into remembrance the then force of 
these tribes — for they could have brought 
into the field twenty thousand fighting 
men — when we call to remembrance the 
influence the French had everywhere 
else obtained over* the Indians — when 
we call to remembrance the distance he 
had to travel through solitary pathways 
* * * exposed to summer suns, night 
dews, and*to the treachery of any single 
Indian who knew — and every Indian 
knew — the rich reward that would have 
awaited him - for the act from the 
Spaniards in St. Augustine, or the 
French in Mobile, surely, we may proudly 
ask, what soldier ever gave higher proof 
of courage ? What gentleman ever gave 
greater evidence of magnanimity ? What 
English governor of an American prov- 
ince ever gave such assurance of deep 
devotion to public duty?" 

On his return, Oglethorpe received 
orders to invade Florida, and to call 
upon South Carolina for aid. He im- 
mediately hastened to Charleston. The 
governor submitted the matter to the 
Legislature ; supplies and men were 
voted, and at as early a day as possible 
in 1740, at the head of two thousand 
men, consisting of the regiment he had 
raised in England, some Georgia militia, 
the troops sent from South Carolina, 
*To-mo-chi-chi, p. 1 18. By Charles Colcock Jones, Jr. 



I and some friendly Indians, he set out on 
an expedition against St. Augustine. 
Up to this time about twenty-five hun- 
dred immigrants had settled in Georgia. 
General Oglethorpe found St. Augustine 
much more strongly fortified, and the 
garrison much more numerous, than he 
had expected. After a few weeks close 
blockade some Spanish galleys succeeded 
in running the gauntlet, carrying fresh 
supplies to the fort, and his troops be- 
coming enfeebled by sickness, he was 
compelled to raise the siege and retire. 
In 1742 this invasion was retaliated by a 
formidable land and naval force, con- 
sisting of fifty-six vessels and about 
seven thousand men, under the com- 
mand of General Don Manuel de Mon- 
tiano. 

In this critical emergency, Oglethorpe, 
receiving no assistance from South Car- 
olina, was obliged to rely upon his own 
resources. The Spanish commander, 
instead of sailing direct to Savannah, 
proceeded to the mouth of the Alta- 
maha. Oglethorpe having but seven or 
eight hundred men with him on Cum- 
berland island, was obliged to abandon 
that place and concentrate his forces at 
St. Simon's, on which was the town of 
Frederica. 

On the 22d of June the Spanish forces 
appeared off St. Simon's, and Ogle- 
thorpe immediately moved his forces 
from Frederica to St. Simon's, seven 
miles distant. On the 27th the Spanish 
fleet appeared, largely reinforced, off St. 
Simon's bar, waiting for a fair wind, to 
run up to Frederica. Everything was 
now astir. On the 5th of July the 
squadron of thirty-six vessels entered 
St. Simon's harbor. Oglethorpe had 
only one ship, two guard schooners, and 
some small trading vessels to oppose 
them, with two land batteries of eighteen 



i6o 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c. SI 



pounds at Fort Simon to dispute the 
passage. 

The peril was great. His heroic 
spirit, however, rose with the danger. 
In writing to the home government 
touching the situation, he said: "We 
arc resolved not to suffer defeat ; we will 
rather die like Leonidas and his Spar- 
tans, if we can but protect Georgia and 
Carolina and the rest of the Americans 
from desolation." This idea of the fate 
of the rest of the Americans depending 
on the result of the common conflict was 
not extravagant, for the object of Spain 
was to take possession not only of the 
coast of Georgia, but South Carolina 
and North Carolina, and with these con- 
quests to push the prowess of her arms 
northward even to New England. 

Oglethorpe commanded in person. 

For four hours his small vessels and 
two batteries maintained the unequal 
contest. 

The Spanish fleet was too numerous. 
Under a strong wind, they passed up 
the river, sinking one of Oglethorpe's 
guard schooners, and disabling several 
of the trading-craft. 

In this engagement the Spaniards lost 
seventeen killed, and ten were wounded; 
the English not a man. During the 
night, Oglethorpe abandoned St. Simon's, 
and moved his land forces back to Fred- 
erica. Next day, the Spaniards, after 
taking the vacated fort at St. Simon's, 
debarked their land-forces on the bluff. 
On the 7th a detachment was put in 
motion, and reached within a few miles 
of Frederica, when they were discovered 
by the rangers and an alarm was given. 
Oglethorpe immediately attacked, with 
such forces as were at his command — a 
few rangers and a Highland company, 
and charged with such effect that the 
party was routed 



The detachment was captured, with 
upwards of a hundred and twenty-five 
of their best woodsmen. Spanish rein- 
forcements poured in. The fight was 
renewed. The Highlanders, under Suth- 
erland and Mackay, carried the day. 
The Spanish officers attempted to rally 
their men, but the effort was in vain. 
Panic prevailed, discipline was gone, 
and the orders were unheeded. Barba, 
their leader, was taken, after being mor- 
tally wounded. This was a brilliant 
victory, won by gallant troops against 
great odds, and due to superior general- 
ship, and unsurpassed courage. The 
battle was known as that of " Bloody 
Marsh." The Spaniards retreated to 
their camp near Fort Simon. Ogle- 
thorpe collected all his forces in Fred- 
erica. Learning of dissensions among 
the Spanish commanders, Oglethorpe 
determined to surprise them in their di- 
vided state, and by a well-devised night 
attack, to drive them from the island. 
With this intention, on the 12th of July, 
he moved five hundred men within a 
mile of the Spanish quarters, and at 
night went forward with a small party to 
reconnoitre, intending to surprise them, 
but was prevented by the treachery of a 
French soldier of his party, who, by fir- 
ing: his musket, gave the alarm to the 
Spaniards, and deserted to them under 
cover of the darkness. Oglethorpe's 
situation was now very critical, for he 
knew that the deserter could make 
known his weakness. Returning to 
Frederica, he had recourse to the follow- 
ing expedient : he wrote to the de- 
serter, desiring him to urge the Span- 
iards to an immediate attack, and to 
inform them of the defenceless state of 
Frederica. But if he could not bring on 
an attack, he urged him to persuade 
them to remain where they were three 



COLONY OF GEORGIA. 



161 



days longer, as within that time he ex- 
pected six British ships-of-war with two 
thousand troops from Carolina. This 
letter he entrusted to a Spanish prisoner, 
under promise to deliver it to the de- 
serter, but he gave it as was intended to 
the Spanish commander-in-chief, who 
put the deserter in irons. This letter 
perplexed the Spaniards very much, and 
while deliberating what course to pur- 
sue, three ships with troops on board, 



were saved, and Oglethorpe's character 
was established as a great general. 

In 1743 he returned to England, where, 
on the 15 th of September, 1744, he mar- 
ried the only daughter of Sir Nathan 
Wright, Bart., of Cranham Hall, Essex 
county. She was a lady of great wealth, 
beauty and accomplishments. Her father 
had been Lord Chancellor of England 
under William III., and also under 
Queen Anne. On the outbreak of the 




EXPLORING THE UPPER PART OF GEORGIA. 



which the Governor of South Carolina 
had sent to Oglethorpe's assistance, did 
actually appear in sight. Believing 
these to be the ships mentioned in the 
letter, and firmly convinced that the 
letter was not a stratagem, the Span- 
iards, in a moment of consternation, 
burned their fort and fled, leaving their 
cannon and military stores. By this 
stratagem a wonderful victory was 
achieved, Georgia and the Carolinas 



I rebellion of 1745, headed by Charles Ed- 
j ward, the Pretender, Oglethorpe was 
' called into active service at home, and 
J was made one of the major-generals 
' under Marshal Wade, commander-in- 
chief. One of the cavalry companies 
assigned to his command, in compliment 
to him, was named the Georgia Rangers, 
whose valiant services reflected honor on 
their name as well as their illustrious 
chief. 



:6 3 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c. 2i 



In 1747 the king appointed him Lieu- 
tenant-Gencral in the British army. His 
Georgia colony requiring no special at- 
tention from him, he remained in Eng- 
land and continued his attendance on 
Parliament until 1754. On the 22d of 
February, 1765, he was made General 
of all His Majesty's forces, and remained 
until his death at the head of the army 
list as the oldest general officer in Great 
Britain. Upon the outbreak of colonial 
disturbances in 1775, he, being the senior 
officer, was offered the command of the 
British army in America. His reply was 
as characteristic as it was noble. " I know 
the Americans well. They never can be 
subdued by arms, but their obedience 
can be secured by doing them justice."* 

He was willing to assume the command 
on condition that he should have complete 
control over the questions of grievances 
and reconciliation. This did not suit the 
ministry of Lord North, and Sir William 
Howe was appointed in his stead. 1 Ie 
lived to see the end of the struggle of 
die colonies with the mother country, 
which was a source of so much regret 
and pain to him ; and to see Georgia, his 
own colony, planted in poverty and ab- 
solute dependence, rising from infancy 
under his provident care to the position 
of a flourishing, independent, and sover- 
eign state. He was the first Englishman 
of nptc to call upon John Adams, the first 
minister from the United States to Great 
Britain. This distinguished statesman, 
general, and philanthropist, died in Au- 
gust, 1785, at the advanced age of ninety- 
seven years. lie was beloved by all 
classes dining his long v.nA eventful life. 
His memory will ever be cherished in 
both hemispheres as one of the most 
renowned benefactors of mankind in his 



* McCall's : list, of Ga. See also Ramsay's Hist. 
of American Revolution. 



day and generation. Well has it been 
said of him : " His sepulchre is in Eng- 
land ; his monument is Georgia." * 

CHAPTER XXII. 

Georgia — Continued. 
(1741— 1776.) 

Character of the government — The first jury — Rev. 
Martin Bolzius — Colony divided into two districts — 
William Stephens, governor — Henry Parker, 
ant-governor — Succeeds Stephens — New system of 
government inaugurated, 1 75 1 — First legislature 
under new system — Francis Harris, speaker — In- 
troduction of negro slaves allowed — Seti lenient at 
Midway — Trustees resign — Georgia becomes a 
royal colony — Government devolves on Board of 
Trade and Plantations — John Reynolds, governor — 
Constitution of the colony modified — Its new feat- 
ures — Henry Ellis succeeds Reynolds as governor 
— Colony divided into Parishes — Ellis succeeded by 
Sir James Wright, as governor, 1 760 — Acquisition 
of territory by treaty of Paris, 1663 — Boundary of 
Georgia extended to Mississippi river — Florida, by 
same treaty, ceded to Spain — Important Indian 
treaty at Augusta, 1 763 — Four additional Parishes 
created — Names of Parishes changed to Countie — 
Another Indian Treaty at Augusta, 1773 — About 
two and a half million acres of land acquired — 
Continental Congress of 1 774 — Colonial State 
Government organized, 1775 — Wright, royal gov- 
ernor, arrested, 1776 — Action of St. John's parish, 
afterwards Liberty county — Lyman Hall, I 
Walton, Burton Gwinnett in Congress, 4th of July, 
1776 — Landed policy of Georgia — Reasons of 
rapid increase in population and wealth — Monopo- 
lies denied — Speculations prevented — N'n propri- 
etors, no rents — The tiller of the soil the >>v 
the land. 

ROM the first settlement of the 
colony until the year 1 741, the 
government was eminently patri- 
archal in its character. By the 
charter, the trustees were em- 
powered to make such laws and regula- 
tions as they deemed to the best interests 
of society. But all these matters were 
left almost entirely to Oglethorpe him- 
self He, in the main, either directly or 




* Bishop Stevens's Hist, of Ga., vol. i., 212. 



COLONY OF GEORGIA. 



indirectly, administered the legislative, 
judicial and executive functions of the 
government. It is true that on the 
first organization of the trustees after 
advisement with him, they, under the 
powers of the charter, provided for a 
judicial tribunal for the settlement of 
civil and criminal matters according to 
the regulations of the trustees, in con- 
formity, with the laws of England, to be 
known as the Town Court of Record. 
The officers of this court consisted of a 
recorder who acted as clerk ; those mag- 
istrates designated at the time as bailiffs, 
and twelve free-holders who acted in 
the capacity of jurors. The term bailiff, 
as used in the constitution of this court, 
had a meaning different from that of the 
same word at this time. It was from the 
French use of the word. In that country, 
the bailiff was the prefect of a province, 
administering justice as a judge or mag- 
istrate, within a district over which he 
had jurisdiction The Town Court of 
Record of the Colony of Georgia was 
organized, and the first case tried in the 
city of Savannah on the 17th of July, 
1733, soon after the landing of the set- 
tlers. The first jury were: Samuel 
Parker, Thomas Long, Joseph Cole, John 
Wright, John West, Timothy Rowling, 
John Milledge, Henry Close, Walter 
Fox, John Grady, James Cannell, and 
Richard Cannon. While this court per- 
formed a vast deal of business, its offi- 
cers were subject almost entirely to the 
control of Oglethorpe, who changed the 
magistrates and substituted new ones 
frequently, when their administration did 
not accord with his notions of right and 
justice. 

From the beginning Oglethorpe left 
the entire management and government 
of the settlement at Ebenezer to Rev. 
Martin Bolzius, a man of great adminis- 



163 

trative ability, and distinguished alike 
for learning and piety. 

In 1741, Oglethorpe, in conjunction 
with the trustees, thought it best to 
divide the colony into two districts, one 
called Savannah, embracing the territory 
from the Savannah river to the Alta- 
maha ; the other, Frederica, including 
the Island of St. Simon's, and adjacent 
settlements. 

To each of those districts was to be 
appointed a president or governor, with 
four assistants, to whom all matters 
relating to the internal administration of 
justice were intrusted. 

Over the Savannah district Colonel 
William Stephens, an Englishman of 
education and distinction, who had 
served with Oglethorpe in Parliament, 
and had come into the colony as secre- 
tary of the trustees in 1737, was ap- 
pointed president or governor, and 
Henry Parker, Thomas Jones, John Fal- 
lowfield and Samuel Mercer, assistants. 

For the district of Frederica no ap- 
pointments were made at that time. 
This state of affairs continued for about 
two years. At the annual meeting of 
the trustees, in 1743, just before Ogle- 
thorpe returned to England, it was 
thought best — under his advisement — to 
unite both districts under one executive 
and one administration, which should 
have jurisdiction over the entire colony. 
This continued until 175 1, when the 
constitution was remodelled by the 
trustees. 

In 1743 William Stephens resigned 
the active duties of his office on account 
of his age; but retained the office nomi- 
nally, while the duties were performed 
by Henry Parker, assistant, or lieu- 
tenant-governor, until May, 1751, when 
he succeeded Stephens in the executive 
office. 



164 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c. 22 



The new system of 175 1 provided for 
a representative legislative government. 
Each district was to be entitled to rep- 
resentation according to population. The 
first Legislative Assembly of Georgia, 
under this system, consisted of one 
House, and assembled in Savannah on 
the 15th of January, 175 1. Francis 
Harris, of Savannah, was elected speaker. 

About this time also, the trustees 
yielded to the policy of the mother 
country, as well as the wishes of the 
colonists, in allowing the introduction 
of negro slaves. 

Soon after this, in the summer of 1752, 
a settlement was made at Midway, on a 
point equidistant between the Savannah 
and Altamaha, which afterwards became 
greatly distinguished. It was composed 
of immigrants originally from Dorchester, 
Massachusetts, who upon some schism 
on doctrinal points in the church there, 
migrated southward and made a settle- 
ment on the Ashley river, South Carolina, 
about eighteen miles above Charleston, 
which they called Dorchester, in perpetu- 
ation of the name of their former residence. 
They were Presbyterians in religious 
faith and Congregationalists in church 
government. After the establishment 
of the colony of Georgia and the allow- 
ance of the introduction of negro slaves, 
they moved in a body from Carolina, and 
founded for themselves a new home at 
the place stated. By far the greater 
number of these new settlers were men 
of education and wealth. They brought 
many slaves with them, and took a 
prominent part in the future history of 
the colony. 

On the 20th of June, 1752, the trustees 
of Georgia resigned their powers and 
trusts to the crown. This was one year 
before the expiration of the charter. 
Henceforth Georgia became a royal 



colony, and its government devolved 
on the board of trade and plantations, 
composed of the lords commissioners 
appointed to the superintendence of 
colonial affairs (of which the Earl of 
Halifax was then at the head). The 
action of this board was subject to the 
controlling authority of the crown. On 
the 6th of August, 1754, John Reynolds 
of the navy was appointed governor, 
with powers similar to those of the Gov- 
ernors of South Carolina and North 
Carolina. 

Under direct instructions from the 
king, the constitution of the colony was 
again modified. The Legislature or Gen- 
eral Assembly was to consist of two 
houses, one known as councillors, the 
other as representatives, who, in con- 
junction with the governor, were to 
have full law-making power, subject to 
the disapproval of the board of trade, as 
well as the ultimate veto of the crown. 
The councillors, or upper house, were 
colonists to be appointed by the king ; 
the representatives, or lower house, were 
to be chosen by the people of the re- 
spective districts, according to popula- 
tion. An entirely new judicial system 
was introduced by the new constitution. 
Instead of the old-time court of record, 
with its officers, a general court was 
created, consisting of two judges and an 
attorney-general, with the right of ap- 
peal to the governor and his council 
where the sum of three hundred pounds 
or upwards was involved ; and to the 
board of trade and plantations where 
the amount was five hundred pounds 
and upwards, with the last resort of an 
appeal to the king in council. 

A court of chancery, a court of oyer 
and terminer for the trial of criminals, 
and a court of admiralty to take charge 
of maritime cases were at the same time 



COLONY OF GEORGIA. 



created. Justice courts were also estab- 
lished, to determine sums of forty shil- 
lings and under. The judges of the 
general court were Noble Jones and 
Jonathan Bryan. In the court of ad- 
miralty, James Edward Powell was 
appointed judge-advocate. 

Governor Reynolds' administration 
was exceedingly unpopular ; he became 
arbitrary and tyrannical. In 1757 he 
was removed, and Henry Ellis appointed 
in his stead. The administration of 
Ellis was marked by much more discre- 
tion and wisdom. 

The first General Assembly of Geor- 
gia, under the new constitution, or 
system, met on the 15th of March, 1758. 
This body divided the province into 
eight parishes : 

Christ Church, including Savannah, 
Acton, Vernonburg, Sea Islands, and 
Ogeechee ; St. Matthews, comprising 
Abercom and Ebenezer; St. George, 
embracing Halifax; St. Paul's, Augusta; 
St. Philip's, Great Ogeechee ; St. John's, 
Midway and Sunbury ; St. Andrew's, 
Darien : St. James', Frederica. 

Owing to the infirmities of his age, 
Governor Ellis was compelled to resign 
in 1760, much to the regret of all classes 
in the colony. He was succeeded by 
Sir James Wright. By the treaty of 
Paris, on the 10th of February, 1663, all 
the territory westward of the Altamaha 
river, from its head waters to its mouth, 
and along the coast to the mouth of the 
St. Mary's, and up that river to the head 
waters of its southernmost branch, thence 
westward to the Mississippi — by relin- 
quishment of claim on the part of France 
— became the undisputed territory of 
Georgia, under her original charter. Flor- 
ida, by the same treaty, was ceded by Spain 
to Great Britain, and was therefore no 
longer an inimical neighbor to the colony. 



165 

Soon after this settlement of title, and the 
end of the war between Spain, England 
and France, in which the Indians had been 
involved, some on behalf of Spain, some 
of France, some of the English, Governor 
Wright, through the influence and co- 
operation of Captain Stewart, superin- 
tendent of Indian affairs, was enabled to 
secure a renewed treaty of amity and 
friendship with all the tribes between the 
Altamaha and Mississippi rivers. This 
treaty was made at a convention held at 
Augusta on the 5th of November, 1763, 
composed of the Governors of Virginia, 
North Carolina, South Carolina and 
Georgia, and representative chiefs of the 
Chickasaws, Choctaws, Creeks, Chero- 
kees, and Catawbas. Besides the stipu- 
lations of amity and friendship for the 
future with England on the part of all 
these tribes, the lower Creeks, for a con- 
sideration agreed upon, surrendered their 
rights of occupancy to a large portion 
of the territory lying on the coast be- 
tween the Altamaha and the Savannah 
river. This very important treaty was 
concluded on the 10th of November, and 
" was announced by a salute from the 
guns from Fort Augusta." 

As soon as practicable after this treaty 
with the Indians, four additional parishes 
on the coast were created by the General 
Assembly of Georgia, as follows : 

St. David parish, comprising all the 
territory between the river Altamaha and 
the north branch of Turtle river to the 
southern branch of the Little St. Ilia ; 
the parish of St. Thomas, all that section 
of country from the southern branch of 
the Little St. Ilia to the southern branch 
of the river Great St. Ilia ; and St. Mary's 
parish, embracing all the territory from 
the southern branch of the river Great 
St. Ilia to the southern branch of the 
river St. Mary's. 



1 66 



HISTORY OF THE UXITED STATES— COLOMAL. 



Book I., c. 22 



The names of those parishes were sub- 
sequently changed to counties when the 
colony became an independent State. 
The parishes of St. Thomas and St. 
Mary's were known as the county of 
Camden ; the parishes of St. David and 
St. Patrick, Glynn ; the parishes of St. 
John, St. Andrew, and St. James, as the 
county of Libert)-; the parish of Christ 
church and the lower part of St. Philip 
as the county of Chatham; the parish of 
St. Matthew as Effingham; the parish of 
St. George as Burke; the parish of St. 
Paul as the county of Richmond. 

On the 1st of June, 1773, Governor 
Wright made another very important 
treaty with the upper Creeks and Chero- 
kes. This also was negotiated at Au- 
gusta. By it nearly two millions and a 
half acres of land, comprising most of 
what now constitutes the counties of 
Wilkes, Lincoln, Taliaferro, Greene and 
Oglethorpe were ceded to the crown in 
consideration of the payment to certain 
traders of what these tribes were respec- 
tively due them. To this additional newly 
acquired territory, the name of Wilkes 
county was given when , the parishes 
were changed to counties, as stated. 

The excitement in Georgia against the 
policy and acts of the British Parliament 
towards the colonies, in imposing taxa- 
tion without representation, was perhaps 
as great as in any other colony. She 
did not send up any delegates to the 
Continental Congress, which assembled 
in Philadelphia in September, 1774, but 
some of the ablest representative men of 
the colony sent a joint memorial to that 
Congress, expressing their entire sympa- 
thy and willingness to co-operate with 
them. 

As the aggressive policy of England 
became more manifest, so the spirit of 
resistance in Georgia became more in- 



tense. A call was made for a general 
convention of the patriots to assemble 
in Savannah on the 4th of July, 1775, 
with a view of linking her fortunes with 
those of her sister colonics.* This was 
responded to by even' parish in the col- 
on}-. On that day the convention met 
according to call, and a new colonial 
government was organized and delegates 
were appointed to Philadelphia. In 
January, 1776, Governor Wright was ar- 
rested.f 

Great excitement existed in the parish 
of St. John's because of the failure of 
the delegates appointed to Philadelphia 
promptly to attend, and on the 2 1st of 
March, 1776, they held a meeting of 
their own, and elected Lyman Hall to 
represent that parish in the General Con- 
gress, binding themselves faithfully to 
adhere to and abide by his action and 
that of the Continental Congress. This 
parish, embracing Midway, possessed 
nearly one-third of the entire wealth of 
the colony, and the inhabitants were dis- 
tinguished for their superior virtue and 
intelligence. It was because of its action 
on that occasion that the name of Liberty 
county was given to it when the names 
of the parishes were changed to counties. 
Their delegate, Lyman Hall, with Bur- 
ton Gwinnett and George Walton, two of 
the other delegates duly appointed, were 
present and took part in the ever mem- 
orable proceedings of the 4th of July, 
1776. 

Georgia was the youngest of the 
thirteen colonies. Her first settlement 
was made, it will be remembered, in 
1732 ; and she was then only forty-three 
years of age. Moreover, Georgia was the 
weakest of all in her infancy. She was 
founded on benevolence, and supported 
several years almost entirely by charity ; 



*PoSt, p. 211. fPost, p. 219. 



COLONY OF GEORGIA. 



yet under these adverse circumstances, 
she had increased faster in numbers and 
wealth than any of the other twelve 
sisters. In July, 1776, her population 
was about fifty thousand, which was near, 
if not quite three times as great as that 
of any other colony for the same period. 
Her increase of wealth was in like pro- 
portion. This was owing partly to the 
salubrity of her climate, the fertility of 
her soil, and the variety and value of her 
productions in field and forest, which 



167 

and communities, next to climate, soil, 
water and geographical conformations, 
depends eminently on its landed policy. 
It was this that led to the overthrow of 
Rome, and is now (1882) so fearfully 
agitating Ireland and England. 

The charter of Georgia was peculiar, 
and different from the charters of all the 
other colonies on this point. The trus- 
tees were prohibited, not only from ever 
holding any interest themselves in ai y 
lands of which the colony should be- 




SCENE ON THE CO 

yielded the amplest rewards to labor, in 
whatever pursuit it was directed. To- 
bacco, Indian corn, wheat, rye and oats 
were grown as well in Georgia as in 
Maryland and Virginia, or North or 
South Carolina; while indigo, rice, and 
other valuable staples were more pecu- 
liarly adapted to her soil and climate. 

The chief cause of her greater pros- 
perity, however, lay in the landed policy 
of the colony engrafted in the Oglethorpe 
charter. The well-being of all states 



AST OK OEURiHA. 

come possessed, but they were prohib- 
ited from ever granting to any one per- 
son more than five hundred acres of pub- 
lic land. From the earliest settlement 
the policy of the trustees was to recog- 
nize what was known as head-rights, and 
to apportion out the lands under that 
designation in small quantities to all who 
would occupy and cultivate them, at no 
cost except the actual expenses of sur- 
veying, fixing limits, and ascertaining 
boundaries. This policy was founder 



1 68 



HISTORY OF THE UXITED STATES— COLOXIA, 



Book I., c. 22 



partly upon the idea that it was really 
worth wild lands to subdue them, or to 
clear the forests and render them fit for 
cultivation; but chiefly, perhaps, upon the 
economic view that it would add more 
to the public wealth to have the forest 
lauds brought into cultivation with their 
abundant valuable products, even with- 
out price, than to rely upon the filling 
of the exchequer with the slow returns 
of sales, when the settlers had no means 
to invest. Labor was the only capital 
they had. Th's involves questions which 
the profoundest statesman might do well 
to study. Against monopolies and specu- 
lations in land, as they existed in other 
colonics, the door was closed and locked 
by the fundamental law in Georgia. 
None but the actual tillers of the ground 
had possession of the key. Those only 
who were willing to pay sweat for the 
soil could procure lands in this col- 
ony. 

Here the land was intended for the 
benefit of the destitute, for the poor who 
would work it. Hence there never 
were here any such controversies between 
proprietors and tenants growing out of 
the question of rents a.s often created 
serious disturbances in other colonies. 
The original charter policy on this sub- 
ject was strictly adhered to by the trus- 
tees, so long as they had control of 
affairs, as it was afterwards by the Board 
of Trade and Plantations. 

Governor Wright also proved himself 
a staunch friend of the policy on all oc- 
casions. The first grants of land under 
"head-rights" were limited to two hun- 
dred acres for each head of a family, and 
fifty more for each child or servant. 
For this nothing was charged but the 
moderate fees of surveying, platting. 
recording, etc., as above stated. After 
the acquisition of the additional new 



territory by the treat}- of Paris (1763), 
and the Indian treaty at Augusta in 
November of the same year, most ear- 
nest appeals were made to Governor 
Wright and the General Assembly for 
large grants of land in that section of 
the colony to an organized company, at 
the head of which stood Denys Rolles, 
a gentleman of high family and position 
in England. 

This was in 1764. This company en- 
deavored assiduously and most importu- 
nately to purchase an extensive tract on 
the southern side of the Altamaha. 
Many alluring inducements accompanied 
their offer and efforts; but the beguiling 
temptation was firmly rejected. 

Soon after this, Alexander Montgom- 
erie, the tenth Earl of Eglintown, with 
others, presented a petition to the king 
in council, setting forth a proposition by 
which a large grant of land should 
be made to them. They offered to 
guarantee that in the event of the favor- 
able reception of their petition, 100,000 
settlers would come to and occupy the 
territory asked within the course of five 
years. This proposition was likewise 
rejected. After the acquisition of terri- 
tory from the Cherokees by the treaty 
of Augusta in 1774, the same landed 
policy in regard to it was pursued. 

When the "head-right" land courts 
were opened in Augusta and Petersburg 
to dispose of this purchase, as it was 
called, more than three thousand appli- 
cants for "head-rights" appeared the 
first day. The landless of the other 
colonies, and other countries, apprised 
of the policy of Georgia, flocked thither 
in great numbers for the purpose of| 
securing a permanent home, with the 
ownership of the soil for themselves and 
families, almost literally without money 
and without price. 



SPANISH EXPLORATIONS— DE SOTO. 



169 



This policy on the part of the founders 
Was the chief cause of her rapid growth 
while in a colonial status. " It put the 
crown of industrial glory on her head 
and the rock of conscious independence 
beneath her feet." 

This landed policy, it may here be 
stated, continued in all her subsequent 
career, after the colony became an inde- 
pendent State, as will be seen in the 
proper place. It is to this originally 
devised landed policy, steadfastly ad- 
hered to, as much, if not more than any- 
thing else, that Georgia after the revolu- 
tion took the lead of her southern sisters 
in material wealth and prosperity; and 
finally received by general consent the 
honor of being styled the " Empire State 
of the South." 

CHAPTER XXIII, 

HISTORIC FACTS PRELIMINARY TO THE 
FRENCH AND INDIAN WAR OF 1 754. 

Ferdinand de Soto — His explorations in Florida, 
Georgia, Alabama, and westward — Discovery and 
crossing of the Mississippi river — Explorations in 
Arkansas — Discoveiy of the Hot Springs — Red 
river — De Soto's death and burial — Joliette and 
Marquette — Catholic priests — M. de la Salle — His 
explorations and discoveries — Names the coun- 
try Louisiana, in honor of the French king — 
Murder — Mouth of the Mississippi discovered by 
Le Moyne D' Iberville — Builds a fort called Rosa- 
lie, where the town of Natchez now stands — New 
Orleans founded by his brother, Bienville 
D'Iberville, 1718. 

'ERDINAND DE SOTO, Gov- 
ernor of Cuba, vvas the first 
European who ever visited the 
valley of the Mississippi, and 
crossed that majestic current of 
He sailed from Havana in May, 
1539, and landed in Florida at the bay 
of Spiritu Santo, in June following. 
The first season's wanderings, from June 
to October, brought him to the country 




waters. 



of the Appalachians, not far from the 
head of the Appalachce bay. The number 
of his followers is not definitely stated ; 
Bancroft says, " they were a numerous 
body of horsemen, besides infantry, com- 
pletely armed ; a force exceeding in 
numbers and equipments the famous ex- 
peditions against the empires of Mexico 
and Peru." 

Early in the spring of the following 
year, this band of adventurers renewed 
their march, passing northward, lured by 




FERDINAND DE SOTO. 



an Indian guide, towards the gold re- 
gions of North Carolina. They passed 
the waters of the Altamaha, through 
middle Georgia, and at length, in April, 
reached the head-waters of the Ogeechee; 
their course being still north, it seems, 
until they reached the head- waters of 
the Savannah and the Chattahoochee. 
At a place still known as the " Old 
Fort," near White Plains, in Greene 
county, Georgia, the adventurers en- 
camped for some time. Spanish coins, 



i;o 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c. 23 



fragments of guns, and other relics have I In all their wanderings they had found 
at comparatively recent dates been no gold, and the prospect of finding this, 
ploughed up in the fields in this vicinity. \ the great object of their expedition, seem- 
From remnants of fortifications on Stone ing more remote than when they began 
Mountain, near the present city of At- 
lanta, it is believed that De Soto took this 
great geological wonder in his route, and 
perhaps remained there for some time. 
There are evidences also on the head- 
waters of the Chattahoochee river, that 
De Sato's men remained there for some 
time in making searches for gold, which 
was the main object of their ex; 
tions. From tins point, they turned 



their journeying, they again turned south. 
In the region west of the Mississippi, on 
the Washita river, they found an agri- 
cultural people with fixed places of 
abode, who lived more upon the pro- 
duce of the soil than of the chase. They 
were gentle and harmless in their natures, 
peaceable in their dispositions, and pre- 
sented a higher type of civilization than 
their neighbors. The Spaniards treated 



southwest, and afterwards southward , them with great cruelty. 



through Alabama, until, October lSth, 
thev reached a town on the Ala- 



in March, 1542, the adventurers de- 
termined to descend the Washita to its 



bama river called Mabilla, or Mobile, mouth, in hopes of getting tidings of the 



Here a battle was fought with the na- 
tives, in which the Indian village was 
destroyed, with many hundreds killed. 
The Spaniards lost eighteen killed, and 



sea. After innumerable difficulties, they 
reached the Mississippi at the mouth of 
the Red river, about the 17th of April. 
At this place they were told by the na 



all their baggage, which was burned in tives that the lower banks of the Missis- 
the town. Thence they passed north- ' sippi were an uninhabited waste. They 

ward and northwest, until on the 25th would not believe the tale, and De Soto 

of April, 1 54 1, we find them at the Mis- sent one of his officers, with eight men, 

sissippi river, to which they were guided down the river to explore the country, 

by the natives. They crossed in May, In eight daws they were able to advance 

at one of the Chickasaw bluffs, not far only thirty miles. De Soto's mind be- 

from the thirty-fifth degree of North came filled with gloomy apprehensions, 

latitude ; the exact point not now known, His men ami horses were dying, and the 



but perhaps near the present site of the 
city of Memphis. About the middle or 
last of July, they reached Pacaha, a lo- 
cality which cannot now be identified, 
but not far west of the Mississippi river, 
and northward of the place of their 
crossing. From this point they jour- 
neyed north and northwest, more deeply 
still into the interior of the country, until 
they reached the highlands of White 
river, more than two hundred miles from 
the Mississippi. In their rambles they 
discovered the Hot Springs, now so cele- 
brated, in the State of Arkansas. 



natives were becoming dangerous. 

Bancroft thus describes the closing 
scenes in De Soto's life, and his death: 
" He attempted to overawe a tribe of 
Indians near Natchez, by claiming a 
supernatural birth, and demanding obe- 
dience and tribute. ' You are a child of 
the sun,' replied the undaunted chief, 
' dry up the river and I will believe you. 
Do you desire to see me ? Visit the town 
where I dwell. If you come in peace, I 
will receive you with special good-will; 
if in war, I will not shrink one foot 
back.' 




('70 



172 



SPAA'JSH EXPLORATIOXS—DE SOTO. 



" But Dc Soto was no longer able to 
abate the confidence, or punish the 
temerity of the natives. His stubborn 
pride was changed by long disappoint- 
ments into a wasting melancholy ; and 
his health sunk rapidly and entirely 
under a conflict of emotions. A malig- 
nant fever ensued, during which he had 
little comfort, and was neither visited nor 
attended as the last hours of life demand. 
Believing his death near at hand, he 
held the last solemn interview with his 
faithful followers, and yielding to the 
wishes of his companions, who obeyed 
him to the end, he named a successor. 

"On the next day (May 21st, 1542) 
he died. Thus perished Ferdinand de 
Soto, the Governor of Cuba, the success- 
ful associate of Pizarro. His miserable 
end was the more observed from the 
greatness of his former prosperity. His 
soldiers pronounced his eulogy by griev- 
ing for his loss ; the priests chanted over 
his body the first requiems that were 
ever heard on the waters of the Missis- 
sippi. To conceal his death, his body 
was wrapped in a mantle, and, in the 
stillness of midnight, was sunk in the 
middle of the stream. The discoverer 
of the Mississippi slept beneath its 
waters. He had crossed a large part of 
the continent in the search of gold, and 
found nothing so remarkable as his 
burial-place."* 

In the year 1670 two Catholic priests, 
Joliet and James Marquette, natives of 
France, set out from the French settle- 
ments on the great lakes, in search of 
that wonderful river concerning which 
so many reports and rumors had reached 
them. Their company consisted of five 
boatmen and some Indians as guides. 
They passed up the Fox river, which 
empties into Lake Michigan, in two 
* Bancroft, vol. i., p. 56. 



birch-bark canoes, which carried them 
across overland to the Wisconsin; they 
floated down that stream until they 
reached the Mississippi. They passed 
down the Mississippi to the mouth of the 
Arkansas. Here they met with Indians, 
who showed them tools of European 
manufacture, and they deemed it most 
prudent to return. As they retraced 
their course, when they reached the 
mouth of the Illinois, supposing it would 
lead them to the lakes, they ascended to 
its head-waters and across to Lake 
Michigan. Joliet immediately set out 
to carry the news of the discovery to 
Quebec, but "Marquette chose to remain 
as a missionary among the Indians. 
Not long afterwards he was found dead, 
kneeling at the foot of a cross which 
he had erected in the wilderness. 

In 1679 M. de la Salle, a French offi- 
cer, in company with the celebrated 
Father Hennepin, a Catholic priest, and 
about thirty-five men, explored the shores 
of several of the northern lakes, and 
built a fort and wintered near the mouth 
of the Maumee river. In the spring 
they crossed the wilderness to the Illi- 
nois and descended it in their canoes. In 
their passage down the river they one 
day suddenly found themselves sur- 
rounded by a large body of Indian 
warriors, who offered battle. They, how- 
ever, soon pacified them. At this place, 
where Peoria now stands, the adventurers 
built a fort and remained until the next 
spring, when they again set sail down 
the river. Arriving at the mouth of the 
Illinois, they turned their course up the 
Mississippi, which river they ascended 
almost to its source. On the 8th of 
November, they set out overland for the 
French settlements. 

In 1 68 1 La Salle passed down the 
Illinois river the second time. He also 



Book I., C. 23 



HISTORY OF THE UNITED STATES—COLONIAL. 



173 



descended the Mississippi to its mouth, 
which he reached on the 9th of April, 
1682. He took possession of the country 
in the name of Louis XIV., King of 
France, and, in his honor, named it Lou- 
isiana. On the nth he set out on his 
return, and arrived at Michilimackinack 
in September. Soon afterwards he sailed 
for France to make a report of his dis- 
coveries, and to solicit assistance in plant- 
ing a colony at the mouth of the Missis- 
sippi. The enterprise was looked upon 
with favor, and a fleet of four vessels, one 
of them armed, was fitted out for his use. 
Nearly three hundred persons — soldiers, 
volunteers, mechanics, and priests — ac- 
companied him. In due time they en- 
tered the Gulf of Mexico, but missed the 
mouth of the Mississippi. La Salle soon 
discovered his error, but the commander 
of the vessels would not listen to him, 
and sailing due west, landed on the 
shores of Texas. 

Here they built a fort, but many of the 
men, becoming discouraged, when the 
vessels sailed for France, returned in 
them. La Salle sought for the mouth 
of the Mississippi for some time, but in 
vain. At length he set out with sixteen 
companions, determined to traverse the 
whole breadth of the country to Canada. 
After travelling for two months across 
the prairies of Texas west of the Mis- 
sissippi, he was murdered by one of 
his companions. The survivors passed 
down a tributary of the Mississippi to 
its mouth. The colony planted on 
the shores of Texas perished, and left 
no trace. 

In 1700 Le Moyne DTberville, with 
sixty colonists, ascended the Mississippi, 
the mouth of which he had discovered 



the previous year, about four hundred 
miles, and on a high bluff built a fort 
which he called Rosalie. This was the 
beginning of the town of Natchez. 
About the same time Mobile was settled 
by the French. In the year 17 18 Bien- 
ville D'Iberville, brother to the one just 
mentioned, laid the foundation of New 
Orleans in a thick cane-brake, where he 
built a few log huts. The French found 
brave and determined enemies in the 
Chickasaws, who occupied the region 
around Natchez, north to the Ohio, and 
east to the country of the Cherokees. 
This tribe successfully defended their 
country against invaders. 

In the year 1722 a settlement of in- 
dustrious Germans was formed about 
twenty miles above New Orleans. By 
these colonists, rice, tobacco, and indigo, 
and also the fig and orange, were culti- 
vated. The Canadian settlers on the 
Illinois raised wheat, and sent flour to 
the settlers below. Trading-houses were 
established south of Lake Erie, down 
the Allegheny to the Ohio, and down 
the Ohio to the Mississippi. It can be 
easily seen that the progress of the 
French in that quarter created the live- 
liest apprehensions in the minds of the 
English colonists east of the Alleghen- 
ies. The latter had always been accus- 
tomed to regard their possessions as 
extending west to the Pacific. And now 
to be hemmed in in this way, and con- 
fined to the slope east of the Alleghenies, 
was a thought they could not bear. In 
this state of things it seemed that the 
controversy in regard to the possession 
of the fairest portion of the North Amer- 
ican continent could only be settled by 
the arbitrament of war. 



»74 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I.,c. 24 



CHAPTER XXIV. 

THE FRENCH AND INDIAN WAR OF 1 754. 
(1754— 1763.) 

Causes of the war — Major George Washington hears 
a letter from General Dinwiddie t<> the French 
commandant — Narrow escapes — Fort l)u Quesne 
erected l>y the French — Encounter between French 
and English — Defeat of the former — Attack upon 
the English under Washington — He capitulates 
and returns to Virginia — Attempt to unite the colo- 
nies for defence — Failure — Arrival of General 
Braddock — His expedition against the French and 
disastrous defeat — Expeditions under Monckton, 
Shirley, and Johnson — Lord Loudon appointed 
Commander-in-chief — Abercrombie temporarily in 
command — Montcalm the French commander — 
English defeats at Forts Ontario and William 
Henry — Policy of William Pitt, prime minister — 
Fleet under Admiral 15 iscawen, and troops under 
Generals Amherst nnd Wolfe attack Louisburg — 
Surrender of Louisburg and St. John's to English — 
Abercrombie defeated — British under command 
of Lord Howe attack Fort Ticonderoga — Re- 
pulsed — Surrender of Fort Frontenac to Brit- 
ish under Bradstreet — Expedition under Forbes 
against Fort Du Quesne — Washington at Fort 
l)\i Quesne — Fort surrendered to English, who 
1 hange the name to Pittsburgh — Campaign auspi- 
cious to the English — Amherst made Commander- 
in-chief of the English — Ticonderoga, Crown 
Point, and Niagara taken by the English — Attack 
on Quebec by the English — Its surrender — Wolfe 
and Montcalm, the English and French com- 
manders, killed — Montreal and the other French 
posts in Canada surrender — War in the Carolinas 
with the Cherokees — Montgomery sent to aid of 
Carolinian- — Moultrie and Marion accompany ex- 
pedition — Indians defeated — Peace made — Treaty 
of peace between France, England, and Spain at 
Fans, 1763 — Florida ceded to Spain by Great Bri- 
tain. 

HE brief review of the early ex- 
ploration and occupation of the 
. \J* Mississippi valley, given in the 
'3 last chapter, was necessary, as 
it was from the conflicting 
claims of France and England to this 
territory that arose what is usually 
called the French and Indian War of 
1754, in which all the British colonies 
we have sketched were involved. To 




vindicate these claims, and to confine 
the English to thevcountry east of the 
Allegheny Mountains, the French began 
the erection of a chain of forts from 
Nova Scotia along the lakes and down 
the Mississippi to the Gulf of Mexico. 

A grant of land had been made in 
1749 by the British government, to a 
company called the Ohio Company; and 
while the agents of this company were 
engaged in making a survey of these 
lands, they were seized as intruders 
upon the territory of the French, by a 
party of French and Indians, and carried 
to the French fort at Presquc Isle. The 
Indians friendly to the English resented 
this treatment of their allies, and seized 
several French traders and sent them to 
Pennsylvania. Soon afterwards the 
French, irf pursuance of their grand 
design, began the erection of forts south 
of Lake Erie, which catiscd serious com- 
plaints from the Ohio Company. 

As this territory was within the 
original chartered limits of Virginia, 
Governor Dinwiddie remonstrated with 
the French commandant against these 
proceedings, and insisted that he should 
withdraw his troops. He sent a letter 
to the French commandant by George 
Washington, with the title of major, who 
was then only in his twenty-second year. 
Washington left Williamsburg, Virginia, 
on the last day of October, 1753, and on 
the 4th of December following he 
reached a French fort at the mouth of 
French creek, which empties into the 
Allegheny river, sixty-five miles north 
of Pittsburgh. He was carried up the 
stream to another fort, where he met 
the French commandant, M. De St. 
Pierre. He received from him a written 
answer to Governor Dinwiddie's letter. 

On his return, he narrowly escaped 
being killed by a party of hostile In- 



THE FRENCH AND INDIAN WAR OF 1754. 



175 



d'r.ns. At another time he came very 
near being drowned while crossing a 
river on a raft, being thrown violently 
into the water by the floating pieces of 
ice striking the pole with which he was 
cruidingr the raft. However, he arrived 
safely at Williamsburg on the 16th of 
January, 1754, and delivered to the gov- 
ernor the answer of the French com- 
mandant. St. Pierre refused to with- 
draw his troops, and informed the gov- 
ernor that he was acting under instruc- 
tions from his superior officer, the Gov- 
ernor of Canada, whom alone he was 
bound to obey. 

Governor Dinwiddie immediately be- 
gan to prepare to oppose the French, as 
their hostile intentions were plainly ap- 
parent. A party of thirty men was sent 
out by the Ohio Company to erect a fort 
at the junction of the Allegheny and 
Monongahela rivers, where Pittsburgh 
now stands, and a body of troops, under 
t'le command of Major Washington, 
inarched into the disputed territory. 

The Ohio Company's men were soon 
driven from the ground by the French, 
who completed the fort, and called it 
Fort Du Quesne. A party had also 
been sent out under Jumonville, to in- 
tercept the advance of Washington, but 
they were surprised in the night, and 
nearly all were either killed or made 
prisoners. 

At this place Washington erected a 
fort, which he called Fort Necessity, in 
what is now Fayette county, Pennsyl- 
vania. He was here joined by additional 
troops from New York and Carolina, 
and with his whole force, now amount- 
ing to about four hundred men, he pro- 
ceeded towards Fort Du Quesne. But, 
hearing of the advance of a large body 
of French and Indians, commanded by M. 
DeVillicrs.he returned to Fort Necessity. 



Soon afterwards he was attacked by 
about fifteen hundred of the enemy. He 
resisted for about ten hours, but was 
compelled to capitulate. He obtained 
advantageous terms, and was permitted 
to return unmolested to Virginia. 

This capitulation took place July 4th, 

1754- 

The British government seeing that 
war with France could not be avoided, 
advised the Colonies to unite themselves 
together for the purpose of general de- 
fence. Accordingly a plan was adopted 
by a Congress of Colonies at Albany, on 
the 4th day of July, 1754. 

The Colonies thus assembled in Con- 
gress were New Hampshire, Massachu- 
setts, Rhode Island, Connecticut, New 
York, Pennsylvania, and Maryland ; the 
others were not present. The plan of 
union was drawn by Dr. Benjamin 
Franklin, a delegate from Pennsylvania. 
Though approved by all the delegates 
except those from Connecticut, it was 
rejected, both by the Colonial Assemblies 
and by the British government — by the 
Colonial Assemblies because it gave too 
much power to the President-General 
of this Confederation, and by the British 
government because it was thought to 
assume too much power on the part of 
the respective colonial governments. It 
was therefore determined to carry on the 
war with British troops, and with such 
assistance as the Colonies separately 
might freely furnish. 

Early in the year 1755 General Brad- 
dock, commander-in-chief of all the 
forces in America, arrived from Ireland 
with two regiments of British troops. 
Three expeditions were agreed upon by 
him and the colonial governors ; one 
against Fort Du Quesne, to be led by 
Braddock; one against Niagara, and one 
against Crown Point, on the western 



i-6 



HISTORY OF THE UNITED STATES— COLON IA I.. 



Hook I., c. 21 



shore of Lake Champlain. Meantime men, regulars and colonial militia, set 
another enterprise, projected by the gov- out from Fort Cumberland. He has- 
ernment of Massachusetts, was being tened his march towards Fort Du 
prosecuted with success. Near the last Quesne, with about twelve hundred menj 
of May Colonel Monckton sailed from leaving Colonel Dunbar with the rest 
Boston with about three thousand troops, of the troops as a rear-guard with the 
against the French settlements on the heavy baggage. General Braddock, 
Bay of Fundy. over-confident, and paying no attention 

The plantations of the settlers were to the warning of Washington, who was 
laid waste, and several thousands of des- I acting as one of his aids, pressed forward 
titute people were driven from their I until within a few miles of Fort Du 
homes and dispersed through the Eng- ' Quesne, when he was suddenly fired 




lish colonies, for no crime and for no 
act of hostility against Great Britain, or 
British subjects, but because they would 
not take the oath of allegiance to the 
British crown ; and from this they had 
formerly been excused, on condition 
that they would remain neutral — a con- 
dition not violated by them. 

The expedition against the French on 
the Ohio was unsuccessful. 

On the ioth of June, General Brad- 



BRADDOCK'S DEFEAT. 

upon by an unseen enemy. The ad- 
vanced guard, commanded by Lieuten- 
ant-Colonel Gage, unused to savage war- 
fare, was thrown into disorder and fell 
back upon the main body, causing gen- 
eral confusion. 

General Braddock did everything pos- 
sible to rally his troops upon the spot 
where first attacked. But he fell mor- 
tally wounded, after having three 
horses killed under him. His troops 



dock, at the head of about two thousand j soon fled in great disorder. Washing- 






THE FRENCH AND INDIAN WAR OF 1754. 



177 



ton, with his Virginians, covered the 
retreat of the regulars, and so saved the 
army from complete destruction. The 
loss was very heavy, more than two- 
thirds of all the officers and nearly half 
the privates being either killed or 
wounded. The enemy made no pur- 
suit; but the panic was so great that 
even Colonel Dunbar's troops fled has- 
tily, and made no pause until they felt 
•themselves safe in Fort Cumberland. 
Soon afterwards Colonel Dunbar left a 
few of his forces to guard Fort Cumber- 
land, and retired to Philadelphia. The 
expedition against Niagara, which was 
commanded by Governor Shirley, of 
Massachusetts, commander-in-chief after 
the death of Braddock, accomplished 
nothing except the erection of two new 
forts on the east side of the river, in 
which forts suitable garrisons were left 
for their defence. 

General (afterward Sir William) John- 
son commanded the expedition against 
Crown Point. A few miles north of 
Fort Edward, which is about forty-five 
miles north of Albany, he met the enemy, 
and after several hours' hard fighting, 
and severe loss, completely routed and 
drove them from the field. The loss 
was heavy on both sides. Colonel Wil- 
liams, of the British army, and Hen- 
dricks, who commanded the Indian 
allies, were killed. After the retreat of 
the French, their commander, the Baron 
Dieskau, was found wounded and alone, 
leaning against a tree. He put his hand 
into his pocket, feeling for his watch, 
with the intention of surrendering it ; 
but a British soldier, thinking that he 
was searching for a pistol, fired upon 
him and wounded him mortally. 

This battle was fought in the latter 

part of August, 1755. The British forces 

consisted of about six thousand men, 
1 2 



while the French did not number more 
than three or four thousand. General 
Johnson built a fort near the battle- 
ground, which he called Fort William 
Henry. The French meantime strength- 
ened their works at Crown Point, and 
also took possession of Ticonderoga, 
which they fortified. Learning of these 
facts, General Johnson did not think it 
advisable to make any further advances. 
Accordingly, late in the season, leaving 
garrisons at Forts William Henry and 
Edward, he retired to Albany. The 
remainder of the army he sent to their 
homes in the different colonies. 

The plan of campaign for the year 
1756 was similar to that of the last, the 
chief object being to take the posts of 
Crown Point, Niagara, and Fort Du 
Quesne. Lord Loudon was appointed 
by the King of Great Britain commander 
of all the forces in America, and also 
Governor of Virginia. But as he could 
not leave England immediately, General 
Abercrombie was ordered to take com- 
mand until his arrival. Up to this time, 
there had been no declaration of war 
between the two countries ; but in May 
of this year, war was formally declared 
by Great Britain against France, and 
soon afterwards by France against Great 
Britain. 

General Abercrombie arrived in June, 
with several regiments, and proceeded to 
Albany, where the colonial forces were 
stationed. But he thought it prudent to 
await the arrival of the Earl of Loudon, 
which was delayed until the latter part 
of July. 

The French in the meantime made an 
attack upon Oswego. In August, the 
Marquis Montcalm, who now com- 
manded the French forces, with five or 
six thousand men, French and Indians 
and about thirty pieces of cannon, crossed 



178 



HIS'IVRV OF THE UNITED STATES— COLONIAL. 



Book I, c. 2+ 



Lake Ontario, and laid siege to Fort 
Ontario, on the Oswego river. 

Fort Ontario was abandoned by the 
garrison, who retired to an old fort on 
the west side of the river. But at this 
place, on the 14th of August, their 
number being only about fourteen hun- 
dred, they were compelled to surrender. 
A large amount of military stores, pro- 
visions, small-arms, and ammunition, to- 
gether with several vessels in the harbor, 
and about one hundred and thirty-five 
pieces of cannon, fell into the hands of 
the enemy. Montcalm destroyed the 
forts and returned to Canada. 

After the defeat of Braddock, the In- 
dians on the western frontier killed or 
carried into captivity more than a thou- 
sand of the inhabitants. In August, 
1756, Colonel John Armstrong (after- 
wards a major-general in the revolu- 
tionary war,) with about three hundred 
men, marched against Kittaning, their 
chief town on the Alleghany river. The 
principal Indian chiefs were killed, their 
town was destroyed, and some English 
prisoners were recovered. The English 
suffered but little. Captain Mercer, after- 
wards distinguished in the revolutionary 
war, was wounded in this expedition. 
Not one of the important objects of the 
campaign of this year was accomplished. 

In the year 1757 a force of about ten 
thousand men was sent against Louis- 
bourg, under the command of Lord 
Loudon. After their arrival at Halifax, 
learning that the place was strongly gar- 
risoned, .ind that a large French fleet 
was in the harbor, the expedition was 
abandoned. About the same time, the 
Marquis Montcalm, with an army of near 
ten thousand men, laid siege to Fort 
William Henry, which was defended by 
about twenty-five hundred men. 

There was at Fort Edward, about 



fifteen miles distant, a force of four thou- 
sand men ; but they were not able to* 
send any assistance, and the defenders 
of Fort William Henry were compelled 
to surrender. Honorable terms were 
granted ; but after the surrender, as the 
English were leaving the fort, the In- 
dians fell upon them, plundered them of 
their luggage, and killed many of them 
in cold blood. It is believed that Mont- 
calm and his officers did all they could 
to protect the prisoners, except that they 
did not fire upon the Indians. 

Cassell thus graphically sets forth 
some of the events preceding this siege, 
with its attending scenes and horrible re- 
sults: " Montcalm, taking advantage of 
the exposed state of the English provin- 
ces, owing to Loudon having drawn off 
his troops on an expedition which after all 
he never prosecuted, had advanced with 
an army of nine thousand men against 
Fort William Henry (situated at the 
south end of Lake George, a little east 
of the village of Caldwell, in Warren 
county, New York), and had reduced it. 
In the first place, previous to starting on 
this enterprise, he made his court to 
the Oneidas, the Senecas, and other 
savage tribes, and gained them over to 
his interests. These native warriors 
crossed the waters of Lake Champlain 
in two hundred canoes, with pennons 
flying, and all the pomp of savage war- 
fare. « Assembling beneath the battle- 
ments of Ticonderoga, in the midst of 
woods and mountains, they sang the 
war-song, danced the war-dance, and 
listened to the eloquence of their ora- 
tors. Mass was chanted for the benefit 
of the converts ; Montcalm harangued 
his officers on the necessity of braving 
all hardships in the accomplishment of 
their design; some of the savages, who 
had been sent out against Fort Edward, 



THE FRENCH AND INDIAN WAR OF 1754. 



179 



excited the ferocity of their comrades 
by returning with a trophy of forty-two 
English scalps. In the latter days of 
July they defeated a party of American 
boatmen on Lake George, and took a 
great many prisoners. On the 3 1st they 
embarked on the lake, and rowed nearly 
all through the night in the midst of 
a drenching rain. At Northwest Bay, 
near the encampment of the French 
commander, De Levi, they held a coun- 
cil of war, and then proceeded on their 
route. Arriving in front of the English 
position, they found the plain covered 
with tents, and everything indicating 
that the defenders of Fort William 
Henry were taken by surprise. General 
Webb, who was stationed at Fort Ed- 
ward with a force of four thousand men, 
and who had reason to know that the 
enemy was astir, might have taken 
measures to repel the attack on the other 
position; but he seems to have shared 
the imbecility of Loudon. The two 
forts were separated by a distance of only 
fourteen or fifteen miles ; yet Webb did 
nothing. He went to Fort William 
Henry, but left it again almost directly, 
with a large escort, shortly before the 
place was invested. 

" The French commander disembarked 
without interruption about a mile and a 
half below the fort which he had come to 
attack and on which his army moved for- 
ward in three columns. While the Indians 
burnt the barracks of the English, seized 
their cattle and horses, and, in combina- 
tion with the Canadians, took up a posi- 
tion on the road leading to the Hudson, 
which enabled them to cut off communi- 
cations, the main body of the army, under 
the direction of Montcalm himself, occu- 
pied the skirt of a wood on the west side 
of the lake. De Levi was to the north, 
and the doomed fort was nearly sur- 



rounded. On the 4th of August the 
French summoned Monroe, an English 
officer in command of the Anglo-Ameri- 
can forces, to surrender; but the stout- 
hearted soldier refused. Montcalm 
therefore determined on a bombardment. 
His heavy guns were dragged from the 
shores of the lake over the intervening 
rocks, and planted in position. The 
walls of the fortress were approached by 
zig-zags, and the heavy artillery opened 
fire amidst the excited screams of the 
Indians. Webb, from his comparatively 
safe position at Fort Edward, despatched 
a letter to Monroe, giving an alarming 
account of the French force, and coun- 
selling an immediate surrender. The 
missive was intercepted by Montcalm, 
who was of course glad to send it on to the 
English commander ; but it produced 
no effect. On the very day he invested 
the place, Montcalm had endeavored 
to intimidate his adversary by threats of 
Indian vengeance. He addressed him 
by letter, saying he felt obliged in hu- 
manity to desire he would surrender the 
fort, and not provoke the great number 
of savages in the French army by a vain 
resistance. 'A detachment of your gar- 
rison,' he said, ' has lately experienced 
their cruelty. I have it yet in my power 
to oblige them to observe a capitulation, 
as none of them hitherto are killed.'* 
But Monroe met such advances with de- 
fiance, and for six days replied with 
energy to the fire of his assailant. On 
the 9th of August, having by this time 
received positive information that no 
relief would be attempted, the gallant 
commander hung out a flag of truce. 
Half his guns had burst, his ammunition 
was nearly exhausted, and all chance 
of saving the place was at an end. 

" The terms of surrender were that the 



* Smollett. 











/. 












at 




M 












, ,u 


j. 




v.; 


— 
< 






FRENCH AND INDIAN WAR OF 1754 



i8r 



garrison should not serve against the 
French for eighteen months ; that they 
should march out with the honors of war; 
that they should be allowed to retain 
their private baggage ; and that they 
should be escorted to Fort Edward by 
French troops, as a protection against 
the ferocity of the Indians. A horrible 
tragedy ensued. The savages unfortu- 
nately obtained some strong liquors 



in the grey light of daybreak, the unfor- 
tunate soldiers filed out of the fort, the 
drunken wretches, whom French priests 
had blessed not many days before, began 
an indiscriminate attack on officers and 
men. Several were killed, others wound- 
ed, others taken prisoners in defiance of 
the terms of capitulation. It is said 
that altogether as many as fifteen hun- 
dred suffered in their persons or their 




SITE OF FORT WILLIAM HENRY ON LAKE GEORGE. 



from the English (who probably hoped 
to conciliate them in this way), and 
passed the night in a fury of excitement 
and revelry, dancing their barbarous 
dances, and singing their maddening 
songs. The Abenakis of Acadie in- 
flamed the passions of their comrades by 
recounting what they had suffered at the 
hands of the English ; and at dawn all 
were ready for the work of murder. As, 



liberty. A number of Indian allies of 
the English, who had formed part of the 
garrison, were reserved for lingering 
torture. Little more than half the en- 
tire army gained the shelter of Fort 
Edward, plundered of everything they 
possessed, and horrified by the massacre 
which they had barely escaped. 

" How far the French were privy to 
this frightful massacre cannot be exactly 



182 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I.,c. 24 



determined. Montcalm, in reporting 
the matter to his government, and in 
writing to Lord Loudon, asserted that 
he and De Levi did their utmost to 
check the Indians ; that French officers 
received wounds in rescuing the cap- 
tives, and stood at their tents as sen- 
tries over those they had recovered ; 
that they urged the English troops to 
defend themselves against the savages ; 
and that those who were carried away 
were soon afterwards ransomed by the 
French." ***** 

"The fort was demolished immediately 



Larger armies were raised in America, and 
twelve thousand more men were promised 
from England. Three armies were to 
be sent out : one against Louisbourg ; 
one against the French on Lake Cham- 
plain, and one against Fort Du Quesne. 
On the 28th of May, a fleet of nearly 
forty armed vessels, under command of 
Admiral Boscawen, with twelve thou- 
sand men under General Amherst, sailed 
from Halifax for Louisbourg. The 
troops landed on the 8th of June near 
Louisbourg, with little loss. General 
Wolfe arrived soon after, and gave great 




AUEKCRoMuiK * EXPEDITION ON LAKE GEORGI 



after its reduction, and the French re- 
tired with the stores they had taken from 
the enemy. Webb, at Fort Edward, 
was struck with dismay. He sent off his 
baggage to a place of security, and 
talked of retreating to the highlands on 
the Hudson." 

The ill success of the campaigns of 
the two preceding years was very painful 
to the pride of the English, and it was 
therefore determined in 1758 to carry on 
the war with greater vigor. A new min- 
istry was formed, with Mr. Pitt, after- 
wards Lord Chatham, at the head. 



j assistance in the reduction of the place. 
Near the last of July, the city and island 

I of Louisbourg, and St. John's or Prince 
Edward's Island, were surrendered to 
the English. But while the English 
were successful here, they met with a 
considerable reverse in the defeat of 
General Abcrcrombie. On the 5th of 
July he crossed Lake George with fif- 
teen thousand men, and a great many 
cannon, to attack Fort Ticonderoga. 
On the morning of the 6th he was at- 
tacked by Montcalm. Lord Howe, in 
whom the troops had great confidence, 



THE FRENCH AND INDIAN WAR OF 1754. 



133 



was killed ; but after a hard fight, the 
French were repulsed. After Lord 
Howe's death, the ardor of the troops 
abated, some confusion prevailed, and 
the greater part of the army fell back to 
Lake George. But on the 8th they 
again advanced in full force against 
Ticonderoga. The French, under the 
command of Montcalm in person, were 
fully prepared to receive them. 

McCabe thus describes this famous 
battle : 

" The attack was made in gallant 
style, and was continued with energy 
during the afternoon. The English per- 



broke helplessly, and fell back in dis- 
order towards Lake George. Aber- 
crombie made no effort to rally them ; 
he was too badly frightened for that; 
and led the army towards the landing- 
place, on Lake George, with such haste 
that but for the energetic action of 
Colonel Bradstreet, the troops would 
have rushed pell-mell into the boats, 
without any semblance of order, and 
with a still greater loss of life. 

" The English lost nearly two thou- 
sand men in the attack upon the French 
works ; but they still had left a force of 
more than four times the strength of the 




ATTACK ON TICONDEROGA. 



formed prodigies of valor, but were not 
able to overcome the strength of the 
French works, or the activity with which 
the defenders maintained their position. 
Unlike the English commander, Mont- 
calm was everywhere along his line, 
cheering his men with his presence and 
example, and distributing refreshments 
to them with his own hands. Without 
a commander who dared place himself 
under fire, with no one on the spot to 
direct their movements, the valor of the 
English was thrown away. A volley 
from an advanced party of their own 
men completed their confusion, and they 



French, and their artillery had not been 
engaged. With this force they might 
have taken Ticonderoga, but Abercrom- 
bie was too much terrified to attempt 
anything of the kind. On the morning 
of the 9th he embarked his troops and 
hastened to the head of Lake George. 
Montcalm was astounded at his retreat, 
but as he had too small a force, and his 
men were exhausted, he made no effort 
at pursuit. Arrived at the head of Lake 
George, the frightened Abercrombie sent 
the artillery and ammunition back to 
Albany for safety, and occupied his army 
with the erection of Fort George, near 



284 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c. 2< 



the ruins of Fort William Henry. The 
news of this disaster caused General 
Amherst to hasten with four regiments 
and a battalion from Louisburg to Lake 
George. He reached the camp of Aber- 
crombie on the 5th of October. In No- 
vember orders arrived from England 
appointing Amherst commander-in-chief 
of the royal forces in America, and re- 
calling Abercrombie, who returned to 
England to attempt to excuse his cow- 
ardice by villifying America and the 
Americans. He could not deceive Pitt, 
however, whose indignation at his pusil- 
lanimous conduct was only restrained 
by the influence of Lord Bute in the 
royal councils." 

The British army being now stationed 
near the head of Lake George, Colonel 
Bradstreet was sent with three thousand 
men against Fort Frontenac, on the out- 
let of Lake Ontario. Bradstreet crossed, 
landed near the fort, and in two days 
compelled it to surrender. Nine armed 
vessels, over fifty cannon, and a large 
quantity of stores and ammunition, fell 
into the hands of the English. 

The expedition against the French 
in the Valley of the Ohio, was com- 
mitted to General Forbes, who, early in 
July, left Philadelphia with about nine 
thousand men, mostly provincials. The 
first object of the expedition was to take 
Fort Du Quesne. Washington soon 
joined the expedition with two regi- 
ments from Virginia, and regarding Fort 
Du Quesne as the key to the West, his 
design was to march quickly along the 
old Braddock road, which was already 
opened up. This, however, did not suit 
the plan of General Forbes. He ordered 
a new road on another route to be con- 
structed. This caused considerable delay. 
September arrived before the troops had 
got further than Raystown. Forbes, at 



this time, was very ill ; so much so that 
his death was seriously apprehended. 
In the early part of November, he was 
sufficiently recovered to hold a council 
of war at Loyal Hanna. Here it was 
determined that it was too late for fur- 
ther military operations that season. 
Washington was not one of those who 
concurred in that determination. The 
headquarters of the army now were 
within fifty miles of Fort Du Quesne. 
The intervening country was rough, 
rugged, and mountainous. Snow had 
already covered the hills, but Washington 
obtained permission of the commanding 
general to make an advance with a com- 
paratively small band of troops who were 
willing to follow him. Inspired by the 
heroic zeal of their leader, the men' 
made a successful and rapid march, con- 
sidering the obstacles they had to en- 
counter. In ten or fifteen days, they 
were in sight of Fort Du Quesne. The 
French garrison at the time then num- 
bered only about five hundred. Alarmed 
at the news that the enemy were ap- 
proaching in force, and by the defection 
of their Indian allies, whose hearts failed 
under the superstition that the Great Spirit 
had deserted the French, the garrison 
on the night of the 24th of November, 
evacuated the fort, and made their escape 
in boats down the river ; but before leav- 
ing the fort they set it on fire and at- 
tempted to destroy whatever they could 
not carry with them. On the morning 
of the 25th, Washington, with his gallant 
band, entered the fort and planted the 
British flag on the ramparts just aban- 
doned by the French. He changed the 
name from Fort Du Quesne to Fort Pitt 
in honor of the great British minister 
whose new and energetic policy was 
giving such a favorable turn to English 
affairs in the Colonies. For this heroic 




WASHINOTON PI.ANTINtt THE F1AC, on fort DITQUKSN 



f"85) 



186 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I., c 24 



exploit, Washington and his troops re- 
ceived the universal plaudits of their 
countrymen. The name of Pitt is still 



Fort Du Quesne about this time pervaded 
most of the western tribes, and soon after- 
wards they entered into negotiations for 



perpetuated with the site of the old fort, peace with the English. 

It is here that the present city of Pitts- The campaign of 1758, having been, 

burgh — the Birmingham of Pennsylvania j upon the whole, auspicious to the British 



*c. m* 




LRA kalls. 
and of the Union— has been built up, arms, the Ministry, under the councils 
bearing the name of England's greatest • and lead of Pitt, determined to push the 
statesman to ages to come. The same i war with greater vigor than ever, 
superstitious fear or apprehension that General Amherst was made Corn- 
seized the Indian allies of the French at j mander of all the forces in North Amer- 



THE FRENCH AND INDIAN WAR OF 1754. 



I8 7 



ica, and assumed the responsibility of car- 
rying out the policy of the Ministry to 
conquer Canada in one campaign. This 
was the plan of the campaign: General 
Wolfe, an officer of great merit, was to 
go up the St. Lawrence and attack Que- 
bec; General Amherst, after taking Ti- 
conderoga and Crown Point, was to unite 
his forces with those of General Wolfe ; 
and General Prideaux, with a third army, 



dentally killed soon after the commence- 
ment of the siege, when the command 
devolved on Sir William Johnson. A 
force of French and Indians, coming to 
relieve the place, was routed with great 
slaughter, and the fort soon after sur- 
rendered. The French communications 
were thus cut off between Canada and 
Louisiana. 

Meantime Wolfe was prosecuting the 




GENERAL WOLFE. 



was to take Niagara and proceed against 
Montreal. 

General Amherst was so far successful 
as to take Ticonderoga and Crown Point, 
with an army of about eleven hundred 
men ; but was not able to join General 
Wolfe, and went into winter-quarters at 
Crown Point. General Prideaux in July 
laid siege to Niagara, but was acci- 



siege of Quebec. About the last of 
June, he landed his army of about eight 
or ten thousand men on the Isle of Or- 
leans, a short distance below Quebec. 
The French, with an army of about thir- 
teen thousand men, occupied the city, 
and also a strong fort between the rivers 
St. Charles and Montmorenci on the 
north of the St. Lawrence. General 



188 



HISTORY OE THE UNITED STATES— COLONIAL. 



Book I., c. '2A 



Wolfe took possession of Point Levi, on 
which he erected batteries. But, effect- 
ing very little against the defences of the 
city, he resolved upon bolder measures. 
He determined to storm the camp be- 
tween the St. Charles and the Montmo- 
renci. The attempt failed, and his loss 
amounted to nearly five hundred men. 
He soon after called a council of offi- 



the precipice, and at sunrise they were 
drawn up in battle array on the plains of 
Abraham. A general battle ensued, in 
which the English and French generals, 
Wolfe and Montcalm, were both killed. 

General Wolfe died on the field of 
battle, but lived long enough to know 
that he had gained the victor)-. When 
in the agonies of death he heard a cry, 




MONTCALM. 



cers, and proposed another attack upon 
the French lines. They, however, pro- 
posed that an effort be made to gain the 
heights above the city. The plan was 
approved and preparations were at once 
made to carry it out. On the night of 
the 1 2th of September, the troops passed 
down the stream in boats ; landed within 
less than two miles of the city; ascended 



" They run, they run." Raising his head, 
he asked, "Who run?" Being told it 
was the French, " Then," said he, " I die 
contented," and expired. The French 
general was carried into the city, and on 
being told that his wound was mortal, 
his reply was, " So much the better, for 
then I shall not live to witness the sur- 
render of Quebec." 



THE FRENCH AND INDIAN WAR OF 1754. 



189 



Cassell in his History of the United 
States relates the following interesting in- 
cident : 

"On the evening of the 12th, Wolfe 
invited Jervis, who was in command of 
the Porcupine sloop-of-war, to spend an 
hour or two in his private cabin aboard 
the Sutherland, and mentioned to him 
that he had a presentiment he should not 
survive the morrow. Taking from his 



" The clear autumn evening deepened 
to a tranquil night, dark, yet thickly set 
with stars. A little before sunset, the 
ships of the line still remaining in the 
basin had got in close to the Beauport 
shore, and boats manned with sailors and 
marines had been lowered, so as to keep 
up the appearance of a descent in tltet 
direction, while the lighter ships set sail, 
and joined the squadron off Cape Rouge. 




DEATH OF GENERAL WOLFE. 

breast a portrait of Miss Lowther, to j As soon as darkness had fallen, detach- 
whom he was engaged, he begged his ments from the Isle of Orleans and 
friend, should the foreboding be fulfilled, Point Levi arrived by a rapid march, un- 
to restore that pledge to the young lady detected by the enemy, opposite Cape 
on his arrival in England. The General Rouge, where they took boat and joined 
then added to his will a codicil disposing the assembled army on the Quebec side 
of his effects in America; and all was of the river. The place of assembly was 
now ready for the great and perilous at- some way higher up than the spot 
•tempt. 1 selected for making the attack , and it 



190 



HISTOJtY OE THE UN/TED STATES— COLOXIA /.. 



Book I., c. 24 



was therefore necessary to drop down 
the stream with the ebb-tide in flat-bot- 
tomed boats. At midnight, the divisions 
began to embark. At two o'clock on 
the morning of the 13th, all of the first 
division were on board ; the boats were 
formed into line, with the general 's barge 
at the head ; and the Sutherland speedily 
gave the signal that had been agreed on 
for departure. Two lights appeared in 
the maintopmast shrouds, one over the 
other; whereupon the flotilla moved 
away into the dimness of the autumn 
night. In deep silence — for the soldiers 
were forbidden to speak, under penalty 
of death — the boats glided down the 
stream on the rapid current which then 
set towards the sea, keeping close to the 
northwestern bank, that the landing- 
place might not be missed. As the 
general's barge passed under those 
rocky shores, beneath the wild and starlit 
night, Wolfe, in scarcely audible tones, 
repeated to his officers Gray's ' Elegy 
written in a Country Churchyard ' (which 
he had recently received from England), 
dwelling with particular emphasis on the 
words of pious trust with which it con- 
cludes, and on that eloquent and mourn- 
ful stanza, — 

'" The boast of heraldry, the pomp of power, 
And all that beauty, all that wealth, e'er gave, 

Await alike the inevitable hour : 

The paths of glory lead but to the grave.' 

When he had finished, Wolfe said to his 
companions, with great earnestness, 
' Now, gentlemen, I would rather be 
author of that poem than take Quebec' "* 
Five days after the battle the city sur- 
rendered, leaving Montreal the only 
place of importance in the possession of 
the French in Canada. Yet in the next 
year, 1760, they tried to recover Quebec, 
but failed. In September, 1760, Mon- 



*See Cassell's Hist, of United States, vol. i., p. 617. 



treal and all the other French posts in 
Canada were surrendered to the Eng- 
lish. 

In the same year a war in the South 
broke out with the Cherokees. Gov- 
ernor Lyttleton, of South Carolina, in- 
vited some of their chiefs to a conference 
on certain matters of difference between 
them and the whites; and some misun- 
derstandings having arisen, and for some 
matters connected with the subjects of 
this conference, he put them in prison, 
which they considered a violation of 
good faith, and on their release they 
took up arms, and incited their nation to 
war against the whites. 

In April, 1760, Colonel Montgomery, 
with about two thousand men, was sent 
by General Amherst from New York to 
the assistance of the Carolinians. A few 
weeks after his arrival, he was joined by 
the militia of the Colony, and set out for 
the Cherokee country. Moultrie and Mar- 
ion, afterwards so celebrated in the Rev- 
olutionary war, were in this expedition. 
Montgomery's time was limited, the 
grand object of the year's campaign 
being the conquest of Canada. 

He was ordered to strike a sudden 
blow, and return to headquarters. In 
pursuance of orders, he rapidly pene- 
trated the Indian country, and burned 
several towns and villages, but did not 
remain long enough to finish the war. 
In his last battle, fought near the Indian 
town of Etchoe, he lost twenty men 
killed and seventy-six wounded. 1I> 
was victorious, but the condition of his 
army rendered it imprudent to penetrate 
further into the woods. Orders were 
therefore given for a retreat, which was 
made in good order. In August Colonel 
Montgomery embarked for New York, 
agreeably to his orders, but left four 
companies to cover the frontiers. Mean- 



THE FRENCH AND INDIAN WAR OF 1754. 



191 



time the distant garrison of Fort Loudon 
was compelled to surrender to the Cher- 
okees or perish of hunger. They sur- 
rendered on favorable terms ; but after 
the surrender, on their way to the settle- 
ments, were attacked by the Indians ; 
twenty-five were slain, and the remain- 
der, nearly two hundred in number, were 
kept in a miserable captivity until they 
could be redeemed. 

In the next year, 1 76 1, Colonel Grant 
marched into the Indian country; de- 



that year a treaty of peace was signed at 
Paris. France yielded to Great Britain 
all her possessions in North America, 
east of the Mississippi river, from its 
source to the river Iberville, one of its 
outlets, through Lakes Maurepas and 
Pontchartrain, to the Gulf of Mexico. 
At the same time peace was made with 
Spain, which nation had joined with 
France, a year or two before, in waging 
war against Great Britain. By the treaty 
made at this time, Spain ceded to Great 




BURNING A CHEROKEE TOWN AND DESTROYING 1HEIR CROPS. 



feated them in battle, laid waste their 
fields and villages, and having driven 
them to the mountains, compelled them 
to make peace. Francis Marion accom- 
panied this expedition, and in a letter 
describes very feelingly the destruction 
of the growing crops, and the villages of 
the Indians. Not many years after- 
wards, he saw much greater desolation 
wrought by the hands of white men 
against white men. 

The war between France and England 
continued until 1763. In February of 



Britain her possessions in East and West 
Florida. 

Upon the ratification of this treaty, 
and the settlement of the boundaries 
between the English and Spanish pos- 
sessions in America, the limits of the 
territory of Georgia were more distinctly 
defined, and her area, as we have seen, 
was considerably enlarged. She now 
acquired all the country from the north- 
ernmost source of the Altamaha river to 
its mouth westward to the Mississippi 
river. 



192 



HISTORY OF THE UNITED STATES— COLONIA I.. 



Book I., c. !45 



CHAPTER XXV. 

('763—1774) 

CAUSES WHICH LED TO THE ALIENATION OF 
THE COLONIES FROM THE MOTHER COUN- 
TRY, AND THE ASSUMPTION OF SOVEREIGN 

POWERS P.Y THEM. 

» 
■(General good feeling after the French war — Mason 
and Dixon's line — Indignation over the tax bills — 
Lord Camden — Colonel Bane — Commercial re- 
striction — The Stamp Act resisted in North Caro- 
lina, Virginia, and Massachusetts— Nine Colonies 
meet in convention in New York, and make a 
joint declaration — Sons of liberty — Stamp Act 
repealed — Pitt becomes Prime Minister — Town- 
seed's new tax act — Great excitement — Boston 
riot — First blood in resistance to unjust taxa- 
tion shed at Alamance, North Carolina, June 
16, 1771 — Tax on tea — Disposition of the tea 
in New York city — Boston, Massachusetts — 
Charleston, South Carolina — Baltimore, Maryland 
— Wilmington, North Carolina — Boston port bill 
— Action of the Virginia Assembly on the subject 
— Fasting, humiliation, and prayer — " The cause 
of Boston is the cause of us all" — First 
Congress at Philadelphia — Their acts — Lord 
Chatham's comments on them — General Gage 
in Massachusetts — Battles of Concord and Lex- 
ington — Ticonderoga and Crown Point taken by 
mists. 

'HE destruction of the French 
power in America, which was 
one of the results of the war 
chronicled in the last chapter, 
was regarded by all the Colonies 
as a most auspicious event, and as giving 
them promise of long-continued peace 
and prosperity. 

At the close of this conflict, little did 
any one suppose that troubles would so 
soon arise between them and Great 
Britain, fondly called the mother coun- 
try. The attachment to that country 
had never been greater, and, except per- 
haps in Massachusetts, no dissatisfaction 
existed anywhere. Murmurs of discon- 
tent had often arisen previous to this 
war ; but at its close the recollections of 
.a recent and common danger, of perils 




shared together, of difficulties overcome 
by their united efforts, all tended to 
kindle in the breasts of the colonists a 
warm and tender attachment to that 
country from whence their ancestors 
came ; and if a wise policy had then been 
pursued by the British government to- 
wards the Colonies, this attachment would 
doubtless have deepened and become 
permanent. The Colonies, at this time, 
were in perfect peace and harmony 
among themselves and with the Indian 
tribes. A long-standing dispute between 
Pennsylvania and Maryland, touching 
their boundaries, growing out of the 
royal grants to Lord Baltimore, the 
Duke of York, and William Penri, was 
about this time ended by an agreement 
as to how the dividing line should be 
established. This was to be run and 
marked by two distinguished English 
engineers, Charles Mason and Jeremiah 
Dixon. They entered upon their wbrk 
in 1764. The line marked by them was 
rigidly observed by both parties, and 
has ever since been famous as Mason 
and Dixon's line. 

The new troubles were with the 
mother country, and began about taxes. 
The Colonies had heretofore been exempt 
from parliamentary exactions of any 
sort, except a duty imposed on sugar 
and molasses, under a commercial regu- 
lation in 1733, which had been in a great 
measure evaded, and neves strictly en- 
forced. 

The prevailing ideas in the Colonies, 
as well as in England, was that taxes or 
subsidies of every sort, for the support 
of government, should be the voluntary 
tribute of the people, through their rep- 
resentatives. Hence the maxim, that 
taxation and representation go together. 
In the British Parliament Lord Camden 
said: "Taxation and representation are 



CAUSES LEADING TO THE REVOLUTION. 



1 93 



inseparable — it is an eternal law of na- 
ture ; for whatever is a man's own is 
absolutely his own ; no man has a right 
to take it from him without his consent. 
Whoever attempts to do it, attempts an 
injury ; whoever does it, commits a 
robbery." The Colonies had also an 



they were exposed to all the hardships 
to which human nature is liable. They 
nourished by your indulgence ! No ; 
they grew by your neglect. When you 
began to care about them, that care was 
exercised in sending persons to rule 
over them, whose character and conduct 




COLONEL BARRE. 



•eloquent advocate in Colonel Barre, in 
the House of Commons. In answer to 
arguments on the other side, he ex- 
claimed : " Children planted by your 
care! No; your oppression planted 
them in America. They fled from your 
tyranny to an uncultivated land, where 
13 



have caused the blood of those sons of 
liberty to recoil within them. They 
protected by your arms ! They have 
nobly taken up arms in your defence ! 
The people of America are loyal, but a 
people jealous of their liberties, and they 
will vindicate them." 



J 94 



IIIS1 OR V OF HIE UNITED states— colonial. 



Book I., c. 25 



The Colonies had no representation in 
the British Parliament, and they main- 
tained that no just taxes could be im- 
posed on them without their having a 
voice in the matter. They maintained, 
moreover, that the imposition of taxes 
on them by Parliament was a violation 
of the stipulations with the Crown, set 




GEORGE THE THIRD. 

forth in their charters. According to 
these stipulations, they maintained that 
Parliament had no governing authority 
over them. Their stipulations were with 
the king, and they insisted that the great 
right of local self-government was se- 
cured to them respectively under their 
several charters, which they severally re- 
garded as their Colonial, fundamental or 
constitutional law, as the principles of 
Magna Charta were regarded by all 
Britons as fundamental law of England. 
On the part of Parliament it was con- 
tended that, as the late war had greatly 
increased the public debt, the Colonies 
should be made to bear a part of it. 
With this view, the old duty on sugar 
and molasses was revived, or new orders 
given for its strict enforcement. This 
created considerable excitement, which 
was increased in 1765, by the passage 
of what is known as the Stamp Act. 
By this law of Parliament all contracts, 
notes, bonds, deeds, writs, and public 
documents were required to be on gov- 



ernment stamped paper, which was sold 
by officials at a high price, and from the 
sales of which a large revenue was ex- 
pected to be derived. 

The passage of the last-named act 
created great excitement, especially in 
North Carolina, Virginia, and Massa- 
chusetts, in which Colonies a spirit of 
open resistance was manifested. In 
North Carolina, the Royal Governor 
Tryon had a conference with John Ashe, 
the Speaker of the Assembly, and in- 
quired of him what would be the action 
of that body in relation to the Stamp 
Act. " It will be resisted to blood," re- 
plied the Speaker, whereupon the gov- 
ernor immediately prorogued the As- 
sembly. 

The excitement was not lessened, 
when, two months after the passage of 
the Stamp Act — in order to enforce it — 
Parliament authorized the Ministrv to 




-.~xv 



PATRICK HENRY. 



send as many troops as they saw proper 
to Massachusetts and other places, which 
troops were to draw their supplies, not 
from home, but from the Colonies in 



CAUSES LEADING TO THE REVOLUTION. 



which they were to be quartered. 
Through the influence of Patrick Henry, 
strong resolutions were passed by the 
Virginia House of Burgesses, declaring, 
among other things, the exclusive right 
of that Assembly to tax the inhabitants 
of that Colony. In the course of the 
debate on the resolutions, Henry, in a 
burst of eloquence, exclaimed : " Caesar 
had his Brutus, Charles I. his Cromwell, 
and George III. — " "Treason! treason!" 



195 

ceedings in Virginia, they issued a cir- 
cular inviting all the Colonies to send 
delegates to a Convention, to be held 
in New York in October following, a 
short time before the day appointed for 
the Stamp Act to go into operation. 
This proposition was seconded by South 
Carolina. On the first Tuesday of Oc- 
tober, 1765, the proposed Convention 
of deputies or delegates from several of 
the Colonies met at New York, to take 




A STAMP ACT OFFICIAL BEATEN BY THE PEOPLE. 



cried the Speaker ; a few other members 
also joined in the cry. Henry paused a 
moment, and looking with an undaunted 
eye upon the Speaker, continued, " may 
profit by their example ! If that be 
treason, make the most of it." 

The General Court of Massachusetts 
was moved by a similar spirit. They re- 
solved that the courts should conduct 
their business without the use of stamps. 
In June, before they heard of the pro- 



into consideration the state of all the Col- 
onies, and to consult for the general wel- 
fare. 

Nine Colonies, to wit : Massachusetts, 
New Hampshire, Rhode Island, Con- 
necticut, New York, New Jersey, Del- 
aware, Pennsylvania, and South Caro- 
lina, were represented in this Convention 
by twenty-eight delegates. Timothy 
Ruggles, of Massachusetts, was chosen 
President. The convention agreed upon 



196 



HISTORY OF THE UNTIED STATES— COLONIAL. 



Book I.,c. 25 



a declaration of principles, and asserted 
the right of the Colonies to be exempted 
from all taxes not imposed by their con- 
sent. In many places the excitement 
was so great that the rage of the people 
sought vent by hanging the officers ap- 
pointed to execute the act, in effigy, 



gence with the stamps, and issued or- 
ders for all who needed the stamps to 
provide themselves with them, according 
to the provisions of the law, but on the 
resignation of Houston, no man of the 
Colony was authorized to receive them 
and no agent was left in the Colony to 




HANGING A STAMP ACT OFFICIAL IN EFFIGY. 



amid the shouts and denunciations of 
exultant crowds. 

In North Carolina popular indignation 
ran so high as to force James Houston — 
v/ho had been appointed stamp agent — 
to resign and take an oath that he would 
not execute the duties assigned him. 
Governor Tryon had announced by proc- 
lamation the coming of the ship Dili- 



execute the Stamp Act.* In Georgia, 
the indignation was so great upon the 
news of the passage of the act that 
a body of men known as the " Liberty 
Boys " resolved that the stamp paper 
never should be distributed in the Colony. 
When, therefore, on the 5th of Decem- 
ber, 1765, the royal ship Speedwell, with 

* Moore's Hist, of N. C, vol. i., p. 94. 



CAUSES LEADING TO THE REVOLUTION. 



the stamped paper aboard, arrived in the 
Savannah river, Governor Wright, ap- 
prehending an outbreak, had the obnox- 
ious papers removed from the ship and 
put in Fort Halifax, and when Mr. 
Agnus, the agent sent over for the dis- 
tribution of the stamps, arrived at 
Tybee on the 2d of January, 1766, the 
governor had him escorted to his own 
house lest violence should be done 
him. After remaining two weeks, such 
was the state of popular feeling, that 
Agnus left without ever entering on his 
duties. 

A short time after this six hundred 
men assembled near the city and notified 
the governor that if the stamped papers 
were not removed they would attack the 
fort. The governor then had them 
sent back to the man-of-war, to be re- 
turned to England.* 

The stamped paper, after this, in many 
places was either destroyed or sent back 
to England. Business for a time was 
almost suspended, as the law required 
stamped paper to be used, and the 
people had determined not to use it. 
Gradually, however, business revived ; 
notes, deeds, etc., were written on un- 
stamped paper, and things went on as 
before, without regard to the law of Par- 
liament, which was denounced as usurp- 
ation. 

About this time there arose in New 
York and other cities a society known 
as the " Sons of Liberty," which took 
strong ground against divers acts of 
Parliament affecting the Colonies. 
They exerted great influence. The 
merchants of New York, Boston, Phila- 
delphia, and many other places, agreed 
with each other not to buy or bring any 
more goods from Great Britain until the 
Stamp Act was repealed. The British 



Bishop Stevens's Hist, of Ga., vol. ii., pp. 44, 45. 



197 

government heard of these proceedings 
with anger and alarm. The new minis- 
try, at the head of which was the 
Marquis of Rockingham, saw that the 
Stamp Act must be repealed, or that the 
Colonists must be compelled by force of 
arms to comply with its requisitions. 
With him the former was preferable to 
the latter alternative. 

It was in this debate, which was long 
and angry, that Mr. Pitt, who had been 
for several years the distinguished leader 
of the House of Commons, acted a most 
conspicuous part. He was now grow- 
ing old and infirm. He was suffering 
greatly from rheumatism and gout. He 
made his appearance in defence of the 
Colonies on crutches and wrapped in 
flannels. No man in England at that or 
any other time perhaps, had so firm a 
hold upon the confidence of the masses 
of the people of the realm as did this 
renowned statesman. He was known as 
"the Great Commoner." Upon his ar- 
raignment of the obnoxious measures of 
the administration and his fierce assault 
upon the iniquitous policy pursued 
against the Colony in taxing without 
representation, feeble as he was, he rose 
to the full majesty of the prime of his 
manhood. He was charged by Grenville 
on the ministerial side with countenancing 
and encouraging by his conduct and 
language, lawlessness in the Colonies. 
His reply was prompt and characteristic. 
" Sir, I have been charged with giving 
birth to sedition in America. Sorry I 
am to have the liberty of speech in this 
House imputed as a crime. But the 
imputation will not deter me ; it is a 
liberty I mean to exercise. The gentle- 
man tells us that America is obstinate ; 
that America is almost in rebellion, I re- 
joice that America has resisted." These 
words produced quite a sensation in the 



Ig3 HISTORY OF THE UN/TED STATES— COLONIAL Book I.e. S 

House, but Pitt continued in the same \ Stamp Act was ultimately repealed on 
bold, defiant tone, adding "If they had the 19th day of March, 1776, but at 
submitted, they would have voluntarily the same time it was declared that 
become slaves. They have been driven ; Parliament had " the right and power to 
to madness by injustice. My opin- bind the Colonies in all cases whatso- 
ion is that the Stamp Act should be j ever." The news of the repeal was re- 




WII.UAM HTT. 



repealed, absolutely, totally, immedi- 
ately." 

In the same debate the great Irish 
orator, Edmund Burke, then but a young 
man, distinguished himself and won the 
admiration and love of the Colonies for 



ceived with great joy by all the Colonies, 
fktid the great body of the English peo- 
ple themselves also rejoiced. The 
Rockingham ministry was dissolved in 
July, and a new one was formed under 
Pitt, who was afterwards created Earl of 



his eloquent defence of their cause. The ! Chatham 



CAUSES LEADING TO THE REVOLUTION. 



I 9 9 



Mr. Pitt was a friend to the Colonies, 
and was opposed to taxing them without 
their consent. But while he was at 
home, confined by sickness, the scheme 
of taxation was revived, and a bill was 
introduced by Mr. Townsend, who was 
■Chancellor of the Exchequer, imposing 
a. tax on glass, paper, painters' colors, 
and tea imported into the colonies. 
During the absence of Mr. Pitt, the 
prime minister, the bill was passed by 
Parliament, and approved by the king, 
June 29th, 1767. Other bills also in 
relation to the Colonies were passed, one 
suspending the Legislative Assembly of 
New York from passing any act what- 
ever, until they were willing to furnish 
the king's troops with certain supplies, 
at the expense of the Colony. 

The excitement in all the Colonies was 
raised to the highest pitch by the pas- 
sage of these acts. The different col- 
onial Legislatures or Assemblies passed 
strong resolutions against them, and 
associations in favor of home manufac- 
tures were entered into by the people. 
By the writers of the day, the assumed 
authority of Parliament over the Colo- 
nies was denied. In February, 1768, 
the General Court of Massachusetts sent 
a circular to the other Colonies, asking 
their co-operation in obtaining a redress 
■of grievances. The language of this 
•circular gave great offence to the British 
Ministry. The Governor of Massachu- 
setts was instructed to require the gen- 
eral court to rescind the resolution. 
They refused, and reaffirmed their opin- 
ions in stronger language. The royal 
governor then dissolved the Assembly, 
but not before they had preferred 
charges against him, and had petitioned 
the king for his removal. Soon after- 
wards tumults occurred in Boston, and 
troops were sent there to overawe the 



citizens. About seven hundred landed 
on the 1st of October, with all the parade 
usual on coming into an enemy's coun- 
try. The authorities of Boston were 
required to provide quarters for the sol- 
diers ; but they absolutely refused, and 
the governor ordered the State-House 
to be opened to them. As the soldiers 
passed through the streets, irritating 
language was used, both by them and 
the people ; the soldiers regarding the 
people as rebels, and the people looking 
on the soldiers as instruments of tyranny. 

In 1769 the British Parliament cen- 
sured the conduct of Massachusetts, 
approved the employment of force to 
put down the rebellious, and prayed the 
king to direct the Governor of Massa- 
chusetts to have the traitors arrested, 
and sent to England. The colonial 
Assemblies reasserted their rights, and 
denied the right of the king to take 
offenders out of the country for trial. 

In 1770 an affair occurred at Boston 
which increased the excitement in every 
part of the country. During a quarrel 
between a military squad and citizens, 
some soldiers fired upon the citizens, by 
which three were killed and several 
badly wounded. This riot, with its re- 
sults, is known as the " Boston Mas- 
sacre." The soldiers were tried for 
murder. Two were convicted of man- 
slaughter, the rest were acquitted. 
About the same time a bill was passed 
by Parliament repealing all the duties 
imposed by the act of 1767, except that 
on tea. This was the first measure of 
Lord North, just elevated to the Pre- 
miership, 1770. But the colonists were 
not satisfied, because the principle of 
taxation without representation was not 
abandoned. The non-importation asso- 
ciations, therefore, were still continued. 

In 1 77 1 serious disturbances occurred 



200 



HISTORY OT THE UNITED STATES— COLONIAL. 



Book I., c. 26. 



in North Carolina. The spirit of resist- 
ance to unjust taxation was, perhaps, 
more thoroughly aroused there among 
the masses of the people than in any 
other Colony. A body of men was 
organized under the name of Regulators, 
to resist the payment of illegal taxes, 
and especially one levied for the purpose 
of erecting a new executive mansion for 
Tryon, the royal governor of the Col- 
ony. These difficulties resulted in an 
open field battle between the tax- 
payers and the royal forces, led by the 
governor himself, on the 16th of May 
of that year. The Royalists opened 
the fire, which was returned by the Reg- 
ulators. The engagement took place 
on a small stream known as Ala- 
mance. The insurgents, as this body 
of men organized to resist by arms the 
collection of the unjust taxes were called, 
were overcome by superior forces, and, 
their ammunition giving out, they aban- 
doned the field, leaving several of their 
comrades dead on the ground. This was 
the first colonial blood shed in resistance 
to British taxation against chartered 
rights. As these Regulators, so called, 
have been severely censured by many 
historians, we deem it but just to their 
memory to present, in a foot-note, their 
own purposes, objects and motives, as 
announced by themselves.* This organ- 



■ We, the subscribers, do voluntarily agree to form 
ourselves into an association to assemble ourselves 
for conference for regulating public grievances and 
abuses of power, in the following particulars, with 
others of the like nature that may occur : 

I. That we will pay no more taxes until we are 
satisfied they are agreeable to law, and applied to 
the purpose therein mentioned, unless we cannot help 
it or are forced. 

II. That we will pay no officer any more fees than 
the law allows, unless we are obliged to it, and then 
show our dislike and bear an open te*imony against 
it. 

ill. That we will attend our meetings of confer- 



ization was formed in Orange countv. 
now Randolph, on the 22d of March, 
1767, after the declaration that Parlia- 
ment had the right to bind the colonists 
in all cases whatsoever. 

In 1773 a bill was passed by Parlia- 
ment, allowing the East India Company 
to carry their tea into the Colonies free of 
duty, except the small duty to be paid 
in the port of entry. It was thought 
that the Colonists would pay this smalL 
tax of three pence per pound, as even 
then they would get tea cheaper' 
than the people of- England. But they 
would not pay it. At the ports of New 
York and Philadelphia, the vessels hav- 
ing the tea on board were not permitted 
to enter, and they were obliged to go 
back to England without landing. 

In Charleston, South Carolina, the 
tea was landed, and stored away in 
damp cellars, where it was quietly per- 
mitted to rot. In Wilmington, North 
Carolina, a number of men under the 



ence as often as we conveniently can, and is neces- 
sary, in order to consult our representatives of the 
amendment of such laws as may be found grievous or 
unnecessary, and to choose more suitable men than 
we have done heretofore for burgesses and vestry- 
men ; and to petition the House of Assembly, Gov- 
ernor, Council, King and Parliament, etc., for redress 
in such grievances as in the course of the under- 
taking may occur; and to inform one another, learn, 
know and enjoy all the privileges and liberties that 
are allowed and were settled upon us by our worthy 
ancestors, the founders of our present constitution, in 
order to preserve it on its ancient foundation, that it 
may stand firm and unshaken. 

IV. That we will contribute to collections for 
defraying neqessary expenses attending the work, 
according to our abilities. 

V. That in case of difference in judgment, we will 
submit to the judgment of the majority of our body. 
To all of which we solemnly swear, or being a Quakei . 
or otherwise scrupulous in conscience of the common 
oath, do solemnly affirm, that we will stand true ami 
faithful to this cause, till we bring things to a true 
regulation, according to the true intent and meaning 
hereof in the judgment of a majority of us. 






CAUSES LEADING TO THE HE VOLUTION. 



lead of Cornelius Harnett, John Ashe, 
and Hugh Waddell, in open day, and in 
defiance of all opposition, boarded a ship 
similarly laden, and publicly destroyed 
the tea. In Baltimore the ship Peo-™ 
Stewart, laden with the obnoxious arti- 
cle, was taken off in the harbor, and 
burnt, with her entire cargo. In Bos- 
ton, a party of men, disguised as Mo- 
hawk Indians, in open day, went on 
board the ships containing the tea, broke 



201 

finally reduced the tax on tea to a nom- 
inal amount, yet declared the right of 
the British Parliament to tax the Colo- 
nies in all cases whatsoever. 

In 1774 the port of Boston, for this 
outrage, so called, was closed, by act/ 
of Parliament, and the custom-house 
was removed to Salem. But the people 
of Marblehead offered the merchants of 
Boston their harbor, wharves, and ware- 
houses free of charge. The charter of 




THROWING THE TEA OVERBOARD IN BOSTON HARBOR 



open the chests and threw the tea over- 
board. 

The grievance of the people was not 
the amount of the tax on the tea, but 
the assertion in the preamble of the 
act, of the right of Parliament to im- 
pose it. 

Mr. Webster, in one of his speeches, I 
truly said that the American Revolution 
was fought on a preamble— on the pre- 1 
amble of the act of Parliament, which ' 



j Massachusetts was then subverted by 
J act of Parliament, and the governor was 
j authorized to send criminals to another 
Colony or to England for trial. The 
Boston Port Bill caused an excitement 
amounting to a fury in that city as well 
as in all the Colonies. The Assembly 
of Virginia being in session, on receiv- 
ing the news of the passage of this Act, 
and sympathizing with the people of 
Boston, appointed the first day of June 



HISTORY OF THE UNITED STATES— COLONIAL. 



202 

as a day of "fasting, humiliation and 

prayer." 

The royal governor immediately 
dissolved the House of Burgesses; 
whereupon the members resolved them- 
selves into a committee, and formed an 
association, and passed resolutions de- 
claring that the interests of all the 
Colonies were equally concerned, and 
advising the appointment of a local 
committee of correspondence to consult 
with the other Colonies on the expe- 
diency of holding a general Congress of 
all the Colonies, to devise means for 



Book I., a 25 



powers conferred on their delegates in 
several of the Colonies : 

Virginia: "To consider of the most 
proper and effectual manner of so operat- 
ing on the commercial connection of 
the Colonies with the Mother Country, 
as to procure redress for the much-in- 
jured province of Massachusetts Bay, to 
secure British America from the ravage 
and ruin of arbitrary taxes, and speedily 
to procure the return of that harmony 
and union so beneficial to the whole 
empire, and so ardently desired by all 
British America." 




their common protection. The attack 
upon the chartered rights of Massachu- 
setts might be followed by a like attack 
upon those of all the other Colonies in 
turn. This was in May, 1774, a" d was 
the first step taken towards the meeting 
of the Congress that assembled in Phil- 
adelphia in September, 1774, and was 
the initiative step, as we shall see, which 
led to a separation from the Mother 
Country, and the assumption of sovereign 
powers by the Colonics represented. 

The object of the meeting of this 
Congress may be seen from some of the 



CARrENTKR'S HALL, PHILADELPHIA. 

Maryland: "To attend a General 
Congress to assist one general plan of 
conduct operating on the commercial 
connection of the Colonies with the 
Mother Country for the relief of Boston 
and the preservation of American lib- 
erty." 

South Carolina: "To consider the 
Acts lately passed, and bills depending 
in Parliament with regard to the port of 
Boston and Colony of Massachusetts 
Bay ; which Acts and Bills, in the pre- 
cedent and consequence, affect the whole 
Continent of America. Also the griev- 






CAUSES LEADING TO THE REVOLUTION. 



203 



ances, under which America labors, by- 
reason of the several acts of Parliament 
that impose taxes or duties for raising 
a revenue, and lay unnecessary re- 
straints and burdens on trade, etc." * 

On the 1st of August a convention of 
delegates from various counties of Vir- 
ginia met at Williamsburgh, and ap- 
pointed seven delegates to represent the 
Colony of Virginia in the General Con- 
gress to be held in September following. 

It was at this time that the cry was 
raised in Virginia, and went through all 
the Colonies, " The cause of Boston is 
the cause of us all ; " for all saw that if 
the British Parliament could close the 
port of Boston, and take away the 
charter of Massachusetts, they could do- 
the same with all, and there was no 
safety for the rights of any. The main- 
tenance of the sacred right of local self- 
government by each through joint co- 
operation, was the object aimed at by 
the call for a Congress of all the Colon- 
ies. The appeal of Virginia was re- 
sponded to by the Colonies generally, 
and on the 5th of September a conven- 
tion of delegates from twelve of the 
thirteen Colonies met at Carpenter's 
Hall in Philadelphia. They were repre- 
sented as follows : New Hampshire by 
John Sullivan, Nathaniel Folsom; Mas- 
sachusetts Bay by Thomas Cushing, 
Samuel Adams, John Adams, Robert 
Treat Paine; Rhode Island and Provi- 
dence Plantations by Stephen Hopkins, 
Samuel Ward; Connecticut by Eliphalet 
Dyer, Roger Sherman, Samuel Johnson, 
Silas Deane; New York by James 
Duane, John Jay, Philip Livingston, 
John Alsop, Isaac Law, William Floyd; 
New Jersey by James Kinsey, William 
Livingston, John Dehart, Stephen Crane, 



* Upshur on the Nature of Federal Government, 
p. 31. 



Richard Smith ; Pennsylvania by Joseph 
Galloway, Samuel Rhodes, Thomas Mif- 
flin, Charles Humphreys, John Morton, 
George Ross, Edward Biddle; Dela- 
ware by Caesar Rodney, Thomas Mc- 
Kean, George Read; Maryland by 
Robert Goldsborough, William Paca, 
Matthew Tilghman, Samuel Chase; Vir- 
ginia by Peyton Randolph, Richard 
Henry Lee, George Washington, Patrick 
Henry, Richard Bland, Benjamin Har- 
rison, Edmund Pendleton; South Caro- 
lina by Henry Middleton, Christopher 
Gadsden, Thomas Lynch, Edward Rut- 
ledge; North Carolina by William 
Hooper, Joseph Hewes. 

Other delegates subsequently appeared 
and took part in the proceedings of the 
convention. 

Georgia, the youngest of the Colonies, 
was not represented in this body at this 
session. 

Peyton Randolph, of Virginia, was 
chosen president of the Congress, and 
Charles Thomson, of Pennsylvania, an 
Irishman by birth, secretary. The first 
thing settled by this body was the nature 
of its own character and organization. 
It was held to be a Congress of separate 
and distinct political bodies. In all de- 
liberations each Colony was to be con- 
sidered as equal, and each was to have 
an equal vote on all the questions coming 
before it, without regard to population 
or the number of delegates sent by the 
respective Colonies; for the object of all 
was the defence and preservation of what 
was claimed to be the inestimable right 
of each, that is, the absolute right of 
local self-government and freedom from 
unjust Parliamentary taxation. This was 
the substance of the instructions of the 
delegates. 

This Congress of the Colonies, so 
constituted and organized, made a 



204 



HISTORY OF THE UNITED STAFFS— COLONIAL. 



Book I.,c. 25- 



declaration of the indefeasible rights of 
all the Colonies. Among other things 
they passed the following resolutions: 

" Whereas, since the close of the last 
war, the British Parliament, claiming a 
power of right to bind the people of 
America, by statutes in all cases whatso- 
ever, hath, in some acts, expressly im- 
posed taxes on them, and in others, 
under various pretences, but in fact for 
the purpose of raising revenue, hath im- 
posed rates and duties payable in these 
Colonies, established a board of commis- 
sioners with unconstitutional powers, and 
extended the jurisdiction of courts of ad- 
miralty not only for collecting said 
duties, but for the trial of causes merely 
arising within the body of a country; 

"And whereas, in consequence of 
other statutes, judges, who only before 
held estates at will in their offices, have 
been made dependent upon the crown 
alone for their salaries, and standing 
armies kept in times of peace; And 
whereas it has been lately resolved in 
Parliament, that by force of a statute 
made in the thirty-fifth year of the reign 
of Henry the Eighth, Colonists may be 
transported to England and tried there 
upon accusations for treason and mis- 
prisions, or concealments of treasons 
committed in the Colonies, and by a late 
statute such trials have been directed in 
cases therein mentioned. 

"And whereas, in the last session of 
Parliament three statutes were made; 
one entitled, 'An act to discontinue, in 
such manner and for such time as are 
therein mentioned, the landing and dis- 
charging, loading or shipping of goods, 
wares, and merchandise, at the town and 
within the harbor of Boston, in the prov- 
ince of Massachusetts Bay, in North 
America;' and another entitled, 'An act 
for the better regulating the government 



of the Province of Massachusetts Bay, 
in New England;' and another entitled,. 
'An act for the impartial administration of 
justice in the cases of persons questioned 
for any act done by them in the execu- 
tion of the law, or for the suppression of 
riots and tumults in the Province of .Mas- 
sachusetts Bay, in New England ; ' and 
another statute was then made ' For 
making more effectual provision for the 
government of the Province of Quebec, 
etc.' All which statutes are impolitic, 
unjust, and cruel, as well as unconstitu- 
tional and most dangerous and destruc- 
tive of American rights. 

"And whereas, assemblies have been 
frequently dissolved, contrary to the 
rights of the people, when they at- 
tempted to deliberate on grievances; and 
their dutiful, humble, loyal, and reason- 
able petitions to the crown for redress 
have been repeatedly treated with con- 
tempt by his majesty's ministers of state: 

"The good people of the several 
Colonies of New Hampshire, Massachu- 
setts Bay, Rhode Island and Providence 
plantations, Connecticut, New York, New 
Jersey, Pennsylvania, New Castle, Kent 
and Sussex on Delaware, Maryland, Vir- 
ginia, North Carolina and South Caro- 
lina, justly alarmed at these arbitrary pro- 
ceedings of Parliament and administra- 
tion, have severally elected , constituted 
and appointed deputies to meet and sit in 
General Congress, in the city of Phila- 
delphia, in order to obtain such estab- 
lishment as that their religion, laws, and 
liberties may not be subverted. Where- 
upon the deputies so appointed being 
now assembled, in a full and free repre- 
sentation of these Colonies, taking into 
their most serious consideration the best 
means of attaining the ends aforesaid, 
do, in the first place, as Englishmen, 
their ancestors, in like cases have usually 






CAUSES LEADING TO THE REVOLUTION. 



205 



done, for effecting their liberties, de- 
clare: 

" That the inhabitants of the English 
Colonies in North America, by the im- 
mutable laws of nature, the principles of 
the English Constitution and the several 
charters or compacts, have the following 
rights : 

"Resolved, 1. That they are entitled 
to life, liberty, and property, and they 
have never ceded to any sovereign power 
whatever a right to dispose of either 
without their consent. 

"Resolved, 2. That by such, they by 
no means forfeited, surrendered, or lost 
any of those rights, but that they were, 
and their descendants now are, entitled 
to the exercise and enjoyment of all 
such of them as their local and other 
circumstances enable them to exercise 
and enjoy. 

"Resolved, 3. That the foundation of 
English liberty, and of all free govern- 
ment, is a right in the people to partici- 
pate in their legislative council ; and as 
the English Colonies are not represented, 
and from their local and other circum- 
stances, cannot properly be represented 
in the British Parliament, they are en- 
titled to a free and exclusive power of 
legislation in their several provincial 
legislatures, when their right of repre- 
sentation can alone be preserved, in all 
cases of taxation and internal polity, 
subject only to the negative of their 
sovereign, in such manner as has hereto- 
fore been used and accustomed. But, 
from the necessity of the case, and a re- 
gard to the mutual interest of both 
countries, we cheerfully consent to the 
operation of such acts of the British 
Parliament as are bona fide restrained to 
the regulation of our external commerce, 
for the purpose of securing the commer- 
cial advantages of the whole empire by 



the mother country, and the commercial 
benefits of its respective members ; ex- 
cluding every idea of taxation, internal 
or external, for raising a revenue on the 
subjects in America without their con- 
sent. 

"Resolved, 4. That the respective 
Colonies are entitled to the common law 
of England, and more especially to the 
great and inestimable privilege of being 
tried by their peers of the vicinage, ac- 
cording to the course of that law. 

"Resolved, 5. That they are entitled 
to the benefit of such English statutes 
as existed at the time of their coloniza- 
tion ; and which they have, by expe- 
rience, respectively found to be applicable 
to their several local and other circum- 
stances. 

" Resolved, 6. That these, his majesty's 
Colonies, are likewise entitled to all the 
immunities and privileges granted and 
confirmed to them by royal charters, or 
secured by their several codes of pro- 
vincial laws. 

"Resolved, 7. That they have a right 
peaceably to assemble, consider their 
grievances, and petition the king ; and 
that all prosecutions, prohibitory procla- 
mations, and commitments for the same, 
are illegal. 

" Resolved, 8. That the keeping a 
standing army in these Colonies in time 
of peace, without the consent of the leg- 
islature of that Colony in which the army 
is kept, is against law. 

" Resolved, 9. It is indispensably ne- 
cessary to good government, and ren- 
dered essential by the English constitu- 
tion, that the constituted branches of the 
legislature be independent of each other; 
that, therefore, the exercise of legislative 
power in several Colonies, by a council 
appointed during the pleasure of the 
crown, is unconstitutional, dangerous, 



HISTORY Of THE UNITED STATES^-COLONIAL. 



206 • 

and destructive to the freedom of Amer- 
ican legislation." 

They, moreover, made several recom- 
mendations to the governments of the 
Colonies respectively, as to the proper 
course to be pursued. Amongst other 
things, they advised that there be no 
commercial intercourse with Great Bri- 
tain until the unjust and oppressive acts 



Book I.,c. 25 




THE MINUTE-MAN. 



of Parliament were repealed, and then 
dissolved, on the 26th of October, with 
a recommendation to the Colonies to meet 
in Congress again, by deputies, on the 
10th of May, 1775. In speaking of the 
papers issued by this Congress, Lord 
Chatham said in the British Parliament : 
"That though he had studied and ad- 
mired the free States of antiquity, the 
master-spirits of the world, yet for solid- 



ity of reasoning, force of sagacity and 
wisdom of conclusion, no body of men 
could stand in preference to this Con- 
gress." 

In the meantime important events 
were occurring elsewhere. In Massa- 
chusetts, General Gage, the governor, 
had convoked the General Court to as- 
semble at Salem on the 5th of October, 
but before the day appointed he issued a 
proclamation dissolving the Assembly. 
The members, however, met at Salem 
on the day appointed, and after waiting 
a day in vain for the governor to meet 
them, they resolved themselves into a 
Provincial Legislature, and adjourned to 
Concord. Appointing John Hancock 
President, and addressing a communica- 
tion to the governor, they adjourned to 
meet on the 17th at Cambridge. Here 
they appointed committees of safety and 
supplies ; voted the equipment of twelve 
thousand men, and the enlistment of 
one-fourth the militia or minute-men. 
Preparations of like character were made 
in the other Colonies. 

General Gage, who favored the main- 
tenance of the rights asserted by tin- 
British government as against those 
claimed by the colonists, fortified Boston 
Neck, seized the military stores at Cam- 
bridge and Charlestown, and conveyed 
them to Boston. 

Early in the year 1775, Lord Chatham 
introduced a bill in Parliament, which 
he hoped would bring about a reconcili- 
ation, but Parliament would listen to 
nothing but absolute submission on the 
part of the Colonies. Lord North, find- 
ing that the Boston Port Bill had failed 
of its purpose, introduced.what he called 
the New England Restraining Bill, 
which deprived the people of the priv- 
ilege, of fishing on the banks of New- 
foundland. Soon afterwards, learning 







(207) 



208 



HISTORY OF THE UNITED STATES— COLONIAL. 



1 ii I . , c. 25 



that the Colonial Assemblies had ap- Major Pitcairn demanded what they 
proved and determined to support the meant and where they were going. The 
resolutions of the Colonial Congress, he militia replied they were go.ng to Con- 
introduced a second restraining act, ap- cord. He then said, « Disperse, you 
nlicable to all the Colonies except New rebels, disperse." They d.d not obey 
York and North Carolina, which Parlia- him, but replied, " We have a right to go 
ment passed in March. These measures to Concord." He then fired his pistol at 
failed either to coerce or to divide, but them, and ordered his soldiers to fire, 
tended greatly to excite, inflame, and They immediately fired, and several of 
unite all. This was especially the case in the militia were killed, and the rest dis- 
Georcria. Many in this Colony who were ! persed. The first of those who Bill, in 



lukewarm before were now most zealous 
for resistance, as will hereafter appear. 
On the [St of April, 177 



his dying agonies exclaimed : " I have a 
right to cro to Concord." The troops 



there were ' then went on to Concord, and destroyed 

m 




three thousand British troops in Boston. 
General Gage thought this force suffi- 
cient to keep down the rebellion, or to 
quell any sudden outbreak. On the 
night of the 1 8th of April, he secretly 
sent eight hundred men to destroy the 
military stores at Concord, sixteen miles 
from Boston. But, although he tried to 
be as secret as possible, yet his troops 
were met at Lexington, as early as five 
o'clock in the morning by about seventy 
militia, commanded by Captain Parker. 

The British troops were commanded 
.by Colonel Smith and Major Pitcairn. 



>GA BY ETHAN ALLEN. 

a part of the stores. But the militia 
rapidly assembled, a skirmish ensued, 
and several were killed on both sides. 
The British soon retreated, but the Colo- 
nists pursued and kept up a constant fire. 
At Lexington the British were met by 
a reinforcement of nine hundred men. 
under Lord Percy. They then moved 
rapidly to Charlestown, and on the next 
day crossed to Boston. In this affair 
the British loss was about two hundred 
and seventy-five in killed, wounded, and 
missing. The Colonists lost nearly one 
hundred. 






Vh<M«ra LEAm NG , T o THE REVOLUTION,. 

The news spread rapidly, and the ex- 1 tions of the first a u 
citement was very great In a shnrf R 7 ' Webeseen ' Pe yt°n 



time, an army of twenty thousand Colo- 
nists surrounded the city of Boston. 
Ihe most active measures were taken 
for the public defence. Colonels Ethan 



and Charles Thomson, secretary 

Hostilities, amounting to actual war 
had commenced. Bloody battles had 
been fought between the King's forces 



Allen and Bened.ct Arnold, with vol n I andthT T™ *" Ki °^ s force9 
teers from Connecticut and vJwCr ^T,^ lmw ' W f 
seized upon Ticonderoga a* T 3 Crow^ S and o* "' Y™^ 
Po.nt, on the western side of T at, „ own 5 "". »nd other places. Active 

Champlain.Skeensboroug ow Wh te -sZlT ""* *?* 0Bde °" b °* 
hall, in New York, was also ecured By of i nh J M -TT ° n the "'^ 
these captures, one hundred pieces of n l r M " y <"? day after the m «t- 
cannon and other m.litary store's fe, i„ .ll?"!.^' *?."¥. ™6*nc in 



*•"<"* ^i*-^^0 KJi 

cannon and other military stores fell into 
the hands of the Colonists. This was 
•on the ioth of May, 1775. 

CHAPTER XXVI. 

CONTINUATION OF THE CAUSES WHICH 
LED TO INDEPENDENCE, AND THE AS- 
SUMPTION OF SOVEREIGN POWERS BY 
THE COLONIES. 

(loth of May, 1775 — 4th of July, I?7 6.) 
Second Colonial Congress-War actually existing- 
Declaration by Congress of the reasons of the resort 

toarms-PolicyoftheColonies-Washington chosen 
Commander-m-chief of the Army-His Commis- 
s.on-Recept, on of Washington at New York- 



Savannah, well supplied with munitions 
of war, was forcibly entered and its 
stores secured to the Colonists. Among 
other things taken were five hundred 
pounds of powder. This powder was 
sent to the suffering patriot bands at 
Boston. 

This daring deed was performed under 
the lead of Noble Wimberly Jones Jo- 
seph Habersham, and John MilleaVe 
whose names will ever stand high and 
bright on the roll of Georgia's heroic sons 

Among the first things the Congress 

^o C i^r;r G ::: r r^ v:: Yo,k T I d> * erefore ' was to p™ 1 ^ their !L 

Bunker mi^Lj^S^^^ ^J" » appeal to arms. They also 
^rnors compelled to flee from the Colonies-Steps d t0 ra ' Se f ° rCeS to the amount of 



•crnors compelled to flee from the Colonies-Steps ^^ t0 ^'^ f ° rCeS to tIle amount of 

«;!;;T ion : f Canada and *> ^^ twenty thousand men, and the means to 

. I support them, which were to be raised 
by the Colonies, upon an equitable basis 
between them respectively. Other active 



-- ™»«w« auu us, auandor 
ment-Fort.ficat.on by the Colonial army of the 
Isle a U No.x-General Montgomery surprises and 
captures Fort Montgomery-Ethan Allen captured 
11 I" * En ^-Point aux Trembles attached 
and Montgomery killed-His successor - The 
. Co omal army retreats-British forces abandon 
Boston-Arrest of the royal Governor in Georgia 

bir Peter Porl^- . „. . & 



Sergeant Jasper-Parker abandons his ship-Its 

capture by the Carolinians - Recruits for the 
Colonial army 



measures of resistance were agreed upon 
On the 24th of May, Mr. Randolph be 
mg called away, John Hancock, of Mas- 

CQPhiicnffr. ... _ V t-. ._ 



3ir Pe.er Parker appears' i„ CharW™ „Zr- , ' ""'* ^ "^"^ ° f ««" 

Sergeant Jasper-Parker abandons his s„ip_I ls M* C,1USe « s > Was chosen President of the 



Congress in his stead. One great ques- 
tion that engaged their attention was 
N the same dav thnr -r- I Wh ° Sh ° uId be p,aced at tlle h«d of the' 

the second Conere L o A r*, r , c <"™ander-in-chief. it is be- 

onies assembled I Phtd^ h° T \" "* "^ ° f J ° h " Adams - 

according th r «' P H" d thr ° Ugh the ma "agement of the 

, 4 "g to the recommenda- I Massachusetts delegation, though the 



HISTORY OF THE UNITED STATES-COLONIAL. 



Book 1 , c. 



2lO 

.ctual nomination was made by Mr. I charge as Commander-in-Ch,e of the 
Wmon of Maryland. The election Colonial forces. The important fa t to 
was bv ballot and was unanimous.* He I be noted in this comm.ssmn ,s that ,t was 
Ts commi-oned in the name of the issued in the name o the Co.omes 
Unted Colonies, the name of each Col- separately, as stated. The extract ,s ,n 
heino set forth in the commission, these words: » The followmg ,s an exact 
Tl 7as on Mb of June. Only | transcript of Genera. Washmgtons 




JOHN HANCOCK. 

-We Colonies were then ^ J^^Jtl^ ^ 

dek F te l f :°™ G r:!',:,, *" Laryof Statc.at Washington. It varies 

in some minor particulars from the 

. . . _!jj „.->^ r-MlK- 



until some time afterwards, 

In Sparks's writings of Washington, 

vol. in., pp- 482-3. ^ g» ven a ful1 c °py 

of Washington's commission^ injakmg 

* Irving's Life of Washington, vol. i., p. 41 3- 



one reported by the committee, and pub- 
lished in the journals of the old Con- 
gress : 






CAUSES LEADING TO THE REVOLUTION. 



211 



"Commission of George Washington as Commander- 
in-Chief of the army of the United Colonies: 

"In Congress: 

"The delegates of the United Colonies 
of New Hampshire, Massachusetts Bay, 
Rhode Island, Connecticut, New York, 
New Jersey, Pennsylvania, New Castle, 
Kent, and Sussex, on Delaware, Mary- 
land, Virginia, North Carolina, and South 
Carolina, 
"To George Washington, Esquire: 

" We, reposing especial trust and con- 
fidence in your patriotism, conduct and 
fidelity, do, by these presents, constitute 
and appoint you to be general and com- 
mander-in-chief of the army of the 
United Colonies, and of all the forces 
raised or to be raised by them, and of 
all others who shall voluntarily offer 
their service, and join the said army for 
the defence of the American liberty, and 
for repelling every hostile invasion 
thereof; and you are hereby vested with 
full power and authority to act as you 
shall think for the good and welfare of 
the service. And we do hereby strictly 
charge and require all officers and 
soldiers under your command to be 
obedient to your orders ; and diligent in 
the exercise of their several duties. And 
we do also enjoin and require you to be 
careful in executing the great trust re- 
posed in you, by causing strict discipline 
and order to be observed in the army, 
and that the soldiers are duly exercised 
and provided with all convenient neces- 
saries. And you are to regulate your 
conduct, in every respect by the rules 
and discipline of war (as herewith given 
you), and punctually to observe and fol- 
low such orders and directions — from 
time to time — as you shall receive from 
this or a future Congress of the said 
United Colonies, or a committee of Con- 
gress for that purpose appointed. This 



commission to continue in force until re- 
voked by this or a future Congress. 
" By order of the Congress, 

"John Hancock, President" 
"Attest : 

"Charles Thomson, Secretary. 
"Dated Philadelphia, June 19th, 1775." 

Washington accepted the appointment, 
but refused to receive any compensation, 
except to defray his actual and necessary 
expenses. Four Major-Generals, one 
Adjutant, and eight Brigadier Generals 
were also appointed. The four Major- 
Generals were Artemas Ward, Charles 
Lee, Philip Schuyler and Israel Putnam. 
The Adjutant-General was Horatio Gates. 
The Brigadiers were Seth Pomeroy, Rich- 
ard Montgomery, David Wooster, William 
Heath, Joseph Spencer, John Thomas, 
John Sullivan, and Nathaniel Greene. 

On the 2 1st of June Washington set 
out for Cambridge to take charge of the 
Colonial army there, then amounting to 
about fifteen thousand men. His journey 
was on horseback. His military com- 
panions were Generals Lee and Schuyler, 
besides whom, as an escort, there was a 
"gentleman troop of Philadelphia, com- 
manded by Captain Markoe. The whole 
formed a brilliant cavalcade."* 

In the meantime all was astir south- 
ward as well as northward. Events of 
the greatest magnitude were occurring 
daily from the Altamaha to the St. Croix. 
The words of Patrick Henry " Give me 
liberty, or give me death " were caught 
up and repeated " on hill-top and in 
valley " from the lakes to the Atlan- 
tic. A constitutional convention met in 
Georgia, at Savannah, on the 4th of July, 
1775. Every parish or county in the 
Colony was represented. A new form 
of government was adopted, and or- 

*Irving's Life of Washington, vol. i., p. 442, 



212 



HISTORY OF THE UNITED STATES+-COLON Ml.. 



Book I., c. 28 



ganized by the election of Archibald 
Bullock as Governor, and George Walton, 
Secretary of State, with other proper 
officers, and delegates were appointed to 
the Continental Congress at Philadelphia. 
While the Convention was in session, in- 
formation was received from friends in 
South Carolina that a British schooner, 
under the command of Captain Maitland, 
was entering the river near Tybee with a 
large amount of powder and other mili- 
tary stores. The Convention immediately 
resolved to capture her by a concerted 
arrangement with Carolina forces. The 
Carolinians had two small barges well 
manned. The Convention equipped a 
new schooner with about thirty men, 
and placed it in command of Captain 
Bowen and Joseph Habersham. With a 
well planned co-operation of forces and 
a bold stroke the enterprise was a tri- 
umphant success. Thirteen thousand 
pounds of powder were seized and se- 
cured. On division, nine thousand 
pounds were apportioned to Georgia and 
four thousand to South Carolina. Of 
the nine thousand awarded to Georgia, 
five thousand were sent to Philadelphia 
at the request of Congress. Its timely 
acquisition was of most efficient use 
to the Continental army in their cam- 
paign in Canada and in the siege of 
Boston. 

The only mishap attending the Colo- 
nists in the seizure of this powder, was 
the loss of Ebenezer Smith Plat, one of 
the most gallant of the Liberty Boys. 
He was taken prisoner and carried to 
England to be tried for treason ; but was 
afterwards exchanged as a prisoner of 
war. 

In setting forth the causes for which 
they took up arms, the Congress declared 
that they had " no wish to separate from 
the mother countiy.but to maintain their 



chartered rights;" and in" speaking of 
these chartered rights they said, " We 
have not raised armies with ambitious 
designs of separating from Great Britain 
and establishing Independent States. We 
fight not for glory or for conquest.* * * 
Honor, justice, and humanity forbid us 
tamely to surrender that freedom which 
we received from our gallant ancestors, 
and which our innocent posterity have a 
right to receive from us. We cannot 
endure the infamy and guilt of resigning 
succeeding generations to that wretched- 
ness which inevitably awaits them if we 
basely entail hereditary bondage upon 
them.* * * In our native land, and in 
defence of the freedom which is our 
birth-right, and which we have ever 
enjoyed till the late violation of it, for 
the protection of our property, acquired 
solely by the honest industry of our fore- 
fathers and ourselves, against violence 
actually offered, we have taken up arms. 
We shall lay them down when hostilities 
shall cease on the part of the aggressors, 
and all danger of their being renewed 
shall be removed, and not before." 

In South Carolina, the Provisional Leg- 
islature of that Colony, in an address to 
the governor, Lord William Campbell, 
declared: " Impressed with the greatest 
apprehension of instigated insurrections, 
and deeply affected by the commence- 
ment of hostilities by the British troops, 
against this continent, solely for the pres- 
ervation and in defence of our lives, lib- 
el ties, and properties, we have been im- 
pelled to associate and take up arms. 
We only desire the secure enjoyment of 
our invaluable rights, and we wish for 
nothing more ardently than a speedy 
reconciliation with our mother country, 
upon constitutional principles." 

As Washington was on his way from 
Philadelphia to Boston, the authorities 



CAUSES LEADING TO THE REVOLUTION. > 

of the city of New York paid him the I The crimes of these two men were cotf 

Provision, Congress tf^^^S L^K£ tZT^f' 
addressing him: "We have the fullest fortify Bunker Hil determ,ned to 

assurance that, whenever this important co^a! ^f ^ ^"/'"f 

contest shaH be decided by that fondest of Chariestown. B t by tistak'e The" 
w,sh of each American soul, you will detachment under Colonel Prel ff f 
cheerfuHy resign the important deposit tihed Breed, Hi,,, an ^ nea " Z 



committed into your hands and reassume 
the character of our worthiest citizen." 
To which General Washington said, in 
reply : "As to the fatal, but necessary 



city of Boston. The British ' were very 
much astonished, in the morning, to see 
a fort within cannon-shot, filled with 
armed men. This height commanded 



Sl^rr« - ■** - - «,• h z =t^ 



soldier, we did not lay aside the citizen, 
and we shall most sincerely rejoice with 
you in that happy hour when the estab- 
lishment of American liberty on the 
most firm and solid foundations, shall 



a strong battery there could compel them 
to leave the place. They therefore de- 
termined to drive them from the height. 
About 12 o'clock, on the i;th of June, 
a force of three thousand men, "com- 



happy coZ™. * a ^ PeaCefU '' -4° Chariestown for the purpose of attack 



happy country 

Neither did Livingston, nor Wash- 
ington, nor any of the prominent leaders 
m the cause of the Colonists at that time 
look to anything but a redress of griev- 
ances, and with that, a restoration to 
peace, harmony, and prosperity. None 
were looking to a final separation and 
Independence. 

In the meantime, important events 
had been and were transpiring in other 
places. About the 25th of May, the 
British troops in Boston received rein- 
forcements, commanded by Generals 
Howe, Clinton, and Burgoyne. The 
whole British force now amounted to 
more than ten thousand men. General 
Gage, on the 12th of June, issued a proc- 
lamation declaring those in arms to be 
rebels and traitors. He offered pardon 
to all that would lay down their arms 
and quietly go about their business, ex- 
cep^Samuel Adams^nd John Hancock. 



*Irving's Life of Washington, vol" i, p. 45 o. 



ing the fort. They formed in two columns 
and advanced slowly. As the troops ad- 
vanced, General Gage ordered the village 
of Chariestown to be set on fire. The 
Colonists waited in silence until the 
British soldiers came within ten rods of 
the fort, when they opened such a deadly 
fire that the advancing column was 
broken, and fled. Their officers rallied 
them and led them a second time to the 
attack, but the fire was so severe that 
they were again driven back. At this 
moment General Clinton arrived with 
reinforcements, and a third assault was 
made, which proved successful. The 
Colonists retreated across Chariestown 
neck with no great loss, and fortified 
Prospect Hill, commanding the harbor 
of Boston. The British fortified Bunker 
Hill, but no further movements were 
made at that time by either army. The 
loss of the British in this battle was over 
a thousand killed and wounded ; that of 
the Colonists was about four hundred and 



214 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I.,c. 28 



fifty. One young officer was killed who 
was greatly lamented, General Joseph 
Warren. This is known as the battle of 
Bunker Hill. 

In this battle fell the British officer, 
Major Pitcairn, who figured so conspic- 
uously at Lexington. Of him Cassell, 
an English writer, speaks as follows : 

"Of the numerous British officers 



knelt down by the side of the body ; ' I 
have lost my father ! ' The soldiers 
slackened fire for more than a minute. 
1 We have all lost a father,' exclaimed 
many of them.* Such are the incidents 
which in some degree redeem the moral 
corruption and physical horror of war." 

Upon his arrival at Cambridge, Wash- 
ington found the army nothing but a 




ISAM 1.1'. OF I1WNK1. 



killed on that memorable day, not one 
was more sincerely lamented than Major 
Pitcairn. As he fell, his son, Lieutenant 
Pitcairn, was standing by his side. Their 
eyes met for a moment, but the wounded 
man, with a look of eager affection, 
expired without speaking a word. ' My 
father is killed,' cried the youth, as he- 



body of undisciplined militia, hastily 
collected, and destitute of tents, ammu- 
nition, and all regular supplies. His 
task was consequently very difficult. 
But with the assistance of those he called 
around him, he soon introduced order 
| and discipline, and in a short time was 
*See Casscll's Hist, of U. S., vol. ii.. p. 172. 




DEATH OF MAJOR PITCMRN. 



(215) 



2l6 



HISTORY OF THE UNITED STATES— COLONIAL. 



li<K,K I. 



able vigorously to besiege the British 
army, and keep it closely confined with- 
in the limits of the city. 

Sir William Howe at this time had 
command of the British forces, in place 
of General Gage, who had been recalled. 

During this summer the Royal autho- 
rity entirely ceased in the Colonies. 
All the governors who held authority 
under the king, had been compelled to 




ARNOLD'S MARCH TO QUKUEC. 

flee and abandon their scats of govern- 
ment. In all the Colonies new govern- 
ments, provisional in their character, 
were set up by the people in a peaceful 
manner, and based upon popular rights 
and representation. Lord Drummond, 
Governor of Virginia, retired to a man- 
of-war, having first carried off about 
twenty barrels of gunpowder from Wil- 



liamsburg, armed a few vessels, raised a 
regiment of several hundred negroes, to 
whom he offered their freedom, and at- 
tacked the Virginians near Norfolk, 
December 8th, but was defeated. Hav- 
ing the opportunity some time after- 
wards to gratify his revenge, he burned a 
portion of the town. 

In the meantime, also, the way hav- 
ing been opened by the capture of Ti- 
conderoga and Crown Point, in 
§fe May, as stated, Congress, though 
they had previously passed reso- 
lutions to the contrary, deter- 
mined on authorizing the invasion 
of Canada. Accordingly, a body 
of troops from New York and New 
England was put under command 
of Generals Schuyler and Mont- 
gomery for this enterprise. On the 
ioth of September they reached 
St. John's, the first British post 
in Canada. But finding the place 
too strong for them, they retired 
and fortified Isle aux Noix, about 
one hundred and twenty miles north 
of Ticonderoga. The command 
soon afterwards devolved entirely 
upon General Montgomery, on ac- 
count of the illness of General 
Schuyler, who had returned to 
Ticonderoga to hurry up the rein- 
forcements. 

In a few days General Montgom- 
ery returned to St. John's and laid 
siege to it, but being short of 
ammunition, his progress was rather 
slow. By a sudden move on the 13th 
of October, he surprised and captured 
Fort Chambly, a few miles north of St. 
John's. By this success he gained 
several pieces of cannon and a large 
quantity of powder. It was about this 
time that Colonel Ethan Allen, having 
rashly forced his way to Montreal with 



CAUSES LEADING TO THE REVOLUTION. 



2\y 



only eighty men, was captured and sent 
as a prisoner to England. 
• St. John's surrendered on the 3d of 
November, and on the 13th Montgomery 
captured Montreal. But the governor, 
Carlton, made his escape with a small 
force to Quebec. Montgomery left gar- 
risons at Montreal, Forts Chambly and 
St. John's, and proceeded towards Que- 
bec with the remainder of his army, 
which amounted to only three or four 
hundred men. He expected, however, 
to meet another body of troops 
which had been sent on from Cam- 
bridge to act in concert with him. 
General Arnold, with this detach- 
ment of about one thousand men, 
ascended the Kennebec river in 
Maine, and crossing the moun- 
tains among which it rises, de- 
scended the Chaudiere, in Canada, 
and arrived at Point Levi, opposite 
Quebec, on the 9th of November. 
On the 1 3th he ascended the heights 
and drew up his army on the Plains 
of Abraham. Finding the de- 
fences of Quebec too strong for 
his forces he retired to Point aux 
Trembles, twenty miles above, to 
await the arrival of Montgomery. 
Montgomery arrived on the 1st of 
December, but their whole force 
united amounted to only about 
nine hundred effective men. With these, 
however, they marched to Quebec, and 
laid siege to it. After a siege of three 
weeks, they determined to take the place 
by assault. Before daybreak in the 
morning, on the last day of the year, the 
troops were put in motion. They were 
formed in four columns ; two were sent 
to make a feigned attack on the upper 
town, while Montgomery and Arnold, 
at the head of their divisions, attacked 
opposite sides of the lower town. Mont- 



gomery was killed at the first fire. Sev- 
eral of his officers, who were near him, 
were also killed at the same time. The 
soldiers were intimidated by this unto- 
ward event, and the officer next in com- 
mand ordered a retreat. Arnold on hisi 
side had entered the town, but was soon 
severely wounded, and had to be carried 
to the hospital. The command then 
devolved upon Captain Morgan, who 
continued the contest for several hours, 
but was finally compelled (after having 







GENERAL RICHARD MONTGOMERY. 

tried in vain to retreat) to surrender the 
force under his command as prisoners 
of war. 

Montgomery was much lamented, and 
Congress directed a monument to be 
erected to his memory. Arnold retired 
with his command to a distance of three 
miles above Quebec, when he received 
some reinforcements ; but he never, at 
any one time, had more than three 
thousand men, of whom it was seldom 
that more than one-half was fit for duty. 



2i8 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I..C.2C 



General Thomas, Montgomery's succes- 
sor, arrived early in May, 1776, and 
General Carleton having received re- 
inforcements, the colonial forces were 
obliged to retreat. They left all their 
stores, which fell into the hands of the 
British, and also many of their sick. 
At the mouth of the river Sorel they 
were joined by several regiments, but 
were still unable to cope with the enemy. 
At this place General Thomas died of 
the small-pox. The colonists continued 
to retreat from post to post, and by the 
1 8th of June, 1776, they had entirely 
left Canada. 



17th of March, all the British forces, 
both land and naval, with over a 
thousand loyalists — that is, Bostonians 
who took sides with the mother coun- 
try — left the harbor and sailed south- 
ward. 

There was great rejoicing by all friends 
of the cause of the Colonies, especially 
by all those who had been shut up in 
the city. Provisions had become veiy 
scarce and dear. For firewood the peo- 
ple had been compelled to burn the 
pews of churches, the counters of stores, 
and indeed the timbers of all houses 
that were not used or inhabited. Con- 




MEDAI. STRUCK BY CONGRESS IN HONOR OF THE RECAPTURE OF DOSTON. 



Winter had passed without any active 
operations around Boston ; but about 
4th of March, Washington thought it 
was best to begin to act on the offensive. 
General Thomas was sent by night to 
throw up intrenchments on Dorchester 
heights. These heights commanded the 
City. On discovering the colonists in the 
morning, General Howe determined to 
chive them away, but a storm prevented 
him until they were too strongly forti- 
fied to be dislodged. In this condition 
he was unable to hold the city. On the 



gress passed a vote of thanks to the 
army, and caused a gold medal to be 
struck in commemoration of the gallan- 
try of the troops. 

While those things were transpiring 
in New England, an important event 
occurred in Georgia. On the 12th of 
January, 1776, two British ships of war, 
with a detachment of troops, commanded 
one by Major Maitland, the other by 
Major Grant, arrived at Tybee. The 
council of safety in Savannah im- 
mediately resolved that Sir James 



CAUSES LEADING TO THE REVOLUTION. 



Wright, the royal governor, should be 
forthwith arrested and secured. The ex- 
ecution of this order was undertaken by 
Major Joseph Habersham. He ap- 
proached the executive office where the 
governor and his council were assembled 
in consultation, 
and passing the 
sentinel at the 
door, entered 
the hall alone ; 
then going di- 
rectly up to the 
governor and 
laying his hand 
on his shoulder, 
said : "Sir 
James, you are 
my prisoner." 
The members 
of his council 
board, being 
astonished at 
the boldness 
of this act, and 
supposing that 
a large force 
was surround- 
ing them, fled 
from the room, 
making their 
escape, some 
through doors 
and some 
through w i n- 
dows. The per- 
son of the gov- 
ernor was se- 
cured, but un- 
hurt, with no 

further indignity than confinement in his 
house and exclusion from all intercourse 
with the royalists. He finally contrived, 
on the night of the nth of February, to' 
escape, and succeeded in reaching His 



219 



Majesty's ship Scarborough. From this 
time the royal authority ceased in 
Georgia for a season.* 

The next active operation of the British 
took place near Charleston, in South Car- 
olina. On the 4th of June, 1776, Admiral 




SERGEANT JASPER A I' Port MOULTRIE. 

Sir Peter Parker, with a fleet, having 
on board about twenty-five hundred 
men, under command of General Clin- 
ton, appeared near Charleston. The 
* Bishop Stevens's Hist, of Ga., vol. ii..o.l27. 



22G 



HISTORY OE THE UNITED STATES— -COLONL-l I.. 



Book I., c. 2C 



people of Carolina had made prep- 
arations for their defence. About 
six thousand men had collected in and 
near the city. A fort with walls built 
of palmetto logs and filled in with sand 
had been erected on Sullivan's Island. 
It was defended by twenty-six cannon 
and five hundred men, under command 
of Colonel Moultrie. This fort com- 
manded the channel. 

There was another fort on the other 
side of the island, held by Colonel 
Thompson. 

Genera] Charles Lcc, being the supe- 




THE OLD BELL. 

rior officer present, had the general 
conduct of the defence. General Lee 
had but a poor opinion of Fort Sullivan, 
and told Colonel Moultrie that the 
British cannon would knock it to pieces 
in ten minutes. " In that case," replied 
the colonel, " we will lie behind the 
ruins, and still prevent the enemy from 
landing." On the 28th of June the 
British began the attack. With all the 
guns at their command they fired upon 
the fort. Hut the palmetto wood being 



soft, and not liable to split or splinter,, 
and all the spaces between the logs and 
walls being filled with sand, very little 
harm was done. The balls would bury 
themselves in the earth and logs, and 
the fort remain as strong as ever. Mean- 
time the Carolinians were not idle. 
They kept up a rapid and destructive 
fire upon the British ships. At one 
time the quarter-deck of Sir Peter 
Parker's flag-ship was cleared of every 
man except Sir Peter himself. During 
the fight General Clinton landed his 
force of twenty-five hundred men on 
Long Island, and attempted to pass to 
Sullivan's Island, but they were driven 
back by Colonel Thompson's riflemen. 
There were many instances of personal 
daring and cool bravery during this 
fight, but the most conspicuous was that 
of Sergeant Jasper. 

Early in the action the flag-staff was 
cut in two by a cannon-ball, and the flag 
fell upon the beach outside the fort. 
Sergeant Jasper leaped over the wall, 
picked up the flag, fastened it to a staff, 
and again set it up, while the balls from 
the enemy's guns came in a perfect 
shower around him. For this heroic 
deed, Governor Rutledge, of South Car- 
olina, gave him a sword and a lieuten- 
ant's commission. Sergeant Jasper ac- 
cepted the sword, but refused the com- 
mission, for the reason that he could not 
read or write, and did not think himself 
fit to be an officer. His modesty was 
as great as his virtue. 

Late in the action, one of Sir Peter 
Parker's ships having become disabled, 
he ordered the crew to set it on fire and 
leave it. The guns were left loaded, and 
the colors flying. As soon as the crew 
had left, the Carolinians boarded the 
vessel, fired the guns at Sir Peter's ship, 
and carried off the flags and balls, and 



CAUSES LEADING TO THE REVO-LUTWN. 



three boat-loads of stores. For more 
than nine hours the British continued 
the battle, but made no impression upon 
the fort. When the firing ceased, the 
walls were as strong and secure as at 
vjT:rst. Ten Carolinians were killed and 



221 

ton, Washington set out with the greater 
part of his army for New York, as that 
place was the object of attack by the 
British. Washington arrived at New 
York on the 14th of April, 1776. By 
prevailing on Congress to enlist men for 




INDEPENDENCE HALL, PHILADELPHIA, IN 1S82. 

twenty-two wounded. The British loss I three years, and offer a bounty of ten 
in killed and wounded exceeded two dollars for each recruit, he soon had an 
hundred. The fleet lay-to a few days to army of twenty-seven thousand men, 
refit, and then sailed northward. though many of them were unarmed 

Soon after the British sailed from Bos- 1 and numbers were sick. The whole 



222 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I . c. 20 



C^L-'?^ 



Sa&f^ 



>r 



/IjV'Cra*^ 



*Ja. 













~Jtffr. 










SIGNATURES OF THE SIGNERS OF TH 

number, however, was not enough 
for the defence of the city, as it was 
necessary to have a line fifteen miles 
long. 

Great Britain, in the meantime, had 
made great preparation for the subjuga- 
tion of the Colonies. There had been 
ordered to America a large fleet of ships, 
with seventeen thousand German* sol- 



E DECLARATION OF INDEPENDENCE. 

diers and twenty-five thousand English, 
well supplied with provisions and all mu- 
nitionsof war. Thepeopleof the Colonies, 
seeing that Great Britain showed no dis- 
position to yield her claims, instead of 
thinkingabout submission, began to think 
about sovereign independence, though 
when the difficulties first began that 
was not the object, as we have seen 






SEPARATION FROM THE MOTHER COUNTRY. 



225 




CHAPTER XXVII. 

(1775). 

SEPARATION FROM THE MOTHER COUNTRY 

THE SOVEREIGN POWER AS STATES 

ASSUMED BY THE COLONIES. 

Mecklenburg declaration, 20th of May, 1775 — In- 
structions of Colonies to their delegates in Congress 
for their Independence — Maryland's instructions — 
Richard Henry Lee's Resolutions for Confederation 
and Independence — Two committees raised : one 
for Declaration of Independence, and one for Con- 
federation — Declaration in the name of Thirteen 
United States of America — Synopsis of the provis- 
ions of the Articles of Confederation — Mutual dele- 
gations of power by each severally, to all jointly — 
The first Constitution of the United States — Its 
ratification by the States severally and respect- 
ively. 

'HE manner in which the remon 
strances of the Colonies were 
received and treated by the 
king and Parliament, as well as 
the formidable forces raised and 
sent out to reduce them to submission, 
extinguished all hopes they had pre- 
viously entertained of an ultimate recon- 
ciliation upon the basis of right and jus- 
tice. 

The feeling was now becoming gene- 
ral and almost universal for independence. 
North Carolina was ahead of all her 
sister States on the subject of independ- 
ence. 

On the 20th of May, 1775, the day 
after receiving the news of the battle at 
Lexington, a convention of delegates 
from the several captains' companies of 
the militia of Mecklenburg county as- 
sembled in Charlotte, and passed resolu- 
tions in which they threw off all alle- 
giance to the British crown, and declared 
North Carolina to be a sovereign and 
independent State. These famous reso- 
lutions were as follows: 

44 1st. Resolved, That whosoever di- 



rectly or indirectly abetted, or in any way, 
form, or manner, countenanced the un- 
chartered and dangerous invasion of our 
rights, as claimed by Great Britain, is an, 
enemy to this county, to America, and 
to the inherent and inalienable rights of 
man. 

" 2d. Resolved, That we, the citizens of 
Mecklenburg county, do hereby dissolve 
the political bands which have connected 
us to the mother country, and hereby 
absolve ourselves from all allegiance to 
the British crown, and abjure all politi- 
cal connection, contract, or association,, 
with that nation, who have wantonly 
trampled on our rights and liberties, and 
inhumanly shed the blood of American 
patriots at Lexington. 

" 3d. Resolved, That we do hereby de- 
clare ourselves a free and independent 
people ; are, and of right ought to be, a 
sovereign and self-governing association, 
under the control of no power other 
than that of our God and the genera' 
government of the Congress ; to the 
maintenance of which independence, we 
solemnly pledge to each other our mu- 
tual co-operation, our lives, our fortunes, 
and our most sacred honor. 

"4th. Resolved, That as we now ac- 
knowledge the existence and control of 
no law or legal officer, civil or military, 
within this country, we do hereby ordain 
and adopt as a rule of life, all, each and 
every of our former laws ; wherein, never- 
theless, the crown of Great Britain never 
can be considered as holding rights, priv- 
ileges, immunities, or authority therein. 

" 5th. Resolved, That it is further de. 
creed, that all, each and every military 
officer in this county is hereby reinstated 
in his former command and authority, he 
acting conformably to these regulations. 
And that every member present, of this 
delegation, shall henceforth be a civil 



224 



HISTORY OF THE UNITED STATES— COLONIAL. 



Book I.,c "J7 



officer, viz., a Justice of the Peace, in the 
character of a 'Committee-man} to issue 
process, hear and determine all matters 
of controversy, according to said adopted 
laws, and to preserve peace, union, and 
harmony in said county; — and to use 
every exertion to spread love of country 
and fire of freedom throughout America, 
until a more general and organized 



I ination in which he denounced the 
Mecklenburg resolutions as the most 
I treasonable proceeding that had taken 
I place on the continent. On the 31st of 
the same month was organized at 
Charlotte a regular form of government 
announced ten days before in a series of 
resolutions, amounting to twenty in 
number.* In pursuance of these pro- 
















AUTOGRAPHS OF THE SIGNERS OF THE MECKLENBURG DECLARATION. 



-government be established in this prov* 
ince.* " 

Her last royal governor, Josiah 
Martin, was immediately afterwards com- 
pelled, by the people of Wilmington, 
and the lower waters of the Cape Fear, 
to flee for safety on board His Majesty's 
.ship of war, whence he issued a procla- 

*Address of William A. Graham, at Charlotte, N. 
: C, 4th day of February, 1875, pp. 105-162. 



ceedings a Provincial Congress of the 
State, as it was called, assembled at 
Hillsboro, on the 20th of August, 
1775. This body recognized the abdica- 
tion of the governor, made an effectual 
organization of the militia for the public 
defence, and the maintenance of the 
authorities of the State. In the autumn 
of the same year this Provisional 



* Moore's Hist, of N. C, vol. i., p. 190. 






SEPARATION FROM THE MOTHER COUNTRY. 



Legislative Assembly raised and sent an 
•expedition under Colonel (afterwards 
General) Howe, to the aid of Norfolk 
and lower Virginia, against the machin- 
ations of Lord Dunmore, the royal 
governor of that Colony, which in con- 
j unction with the Virginia troops 
there, defeated his lordship's army in the 
battle of the Great Bridge, on the North 
Carolina frontier, and forced him to seek 
protection on board a man-of-war in the 
harbor of Norfolk. 

The Congress of the Colonies at 
Philadelphia continued in session, 
awaiting events, and acting under the 
authority of their delegated powers in 
•providing for the general defence. In 
January, 1776, Massachusetts instructed 
her delegates to vote for independence. 
South Carolina gave similar instructions 
to her delegates in March. Georgia and 
North Carolina did the same in April. 
In May, General Washington wrote 
from the head of the army at New York : 
""A reconciliation with Great Britain is 
impossible. * * When I took command 
■of the army, I abhorred the idea of 
independence ; but I am now fully satis- 
fied that nothing else will save us." 

In the same month Virginia instructed 
her delegates in Congress to vote for 
independence. New Hampshire, New 
Jersey and Maryland followed in giving 
similar instructions to their delegates, 
early in June. Pennsylvania and New 
York delayed action, still indulging 
hopes of an adjustment of the con- 
troversy. 

The general instructions of the Col- 
onies to their delegates were to re- 
nounce all allegiance to the British 
crown, and to form a Confederation 
among themselves as Independent States. 
Those of Maryland were in the following 
words : 
15 



225; 

" We, the delegates of Maryland, in 
convention assembled, do declare that 
the King of Great Britain has violated 
his compact with this people, and that 
they owe no allegiance to him. We 
have, therefore, thought it just and 
necessary to empower our deputies ^in 
Congress to join with a majority of the 
United Colonies in declaring them free 
and Independent States, in framing such 
further Confederation between them, in 
making foreign alliances, and in adopting 
such other measures as shall be judged 
necessary for the preservation of their 
liberties : 

"Provided, the sole and exclusive right 
of internal polity and government." 

The instruction of all the other Col- 
onies, except New Hampshire, was of 
like import. The instructions from New 
Hampshire to her delegates were, after 
renouncing allegiance to Great Britain, 
to unite with the other Colonies in form- 
ing one Republic* 

On the 7th of June, Richard Henry 
Lee, a delegate from Virginia, moved a 
resolution in Congress : " That these 
United Colonies are, and of right ought 
to be, free and Independent States. * * 
And that a plan of Confederation be pre- 
pared and transmitted to the respective 
Colonies for their consideration and 
approbation." 

This resolution was adopted on -the 
nth of June. Two committees were 
appointed under it, one to prepare a 
Declaration of Independence, and the 
other to prepare Articles of Union or 
Confederation. The committee appointed 
to prepare the Declaration of Independ- 
ence were, Thomas Jefferson, of Virginia; 
John Adams, of Massachusetts; Benja- 
min Franklin, of Pennsylvania; Roger 

* Bancroft, vol. viii., p. 438. Also Stephens's Con- 
stitutional View, War between the States, vol. i., p. 69. 



226 



J/JS10RY OF THE I'.XITED STATES— COLONIAL. 



Book I 



Sherman, of Connecticut; and Robert 
R. Livingston, of New York. 

On the 24th of June, 1776, in antici- 
pation of the Declaration of Independ- 
ence then being prepared, the Congress 
declared, by resolutions, "That all per- 
sons abiding within any of the United 
Colonies, and deriving protection from 
the same, owed allegiance to the said 
laws, and were members of such Colony; 
and that all persons passing through, or 
making temporary stay in any of the 
Colonies, being entitled to the protection 
of the laws during the time of such 
passage, visitation, or temporary stay, 
owed, during the same, allegiance 
thereto." 

The committee on the Declaration of 
Independence reported on the 28th of 
June, the very day on which was achieved 
the great victory over Sir Peter Parker, 
at Charleston, South Carolina, the news 
of which, however, did not reach them 
for some time after; but action in Con- 
gress was deferred on the Declaration 
for some days, until the delegates from 
Pennsylvania and New York should re- 
ceive their instructions and powers to 
vote for it. 

This celebrated paper was drawn up 
by Mr. Jefferson, the chairman of the 
committee. It came up for final action 
on the 4th day of Jul)', when it received 
the unanimous vote, not only of all the 
Colonies, but of all the delegates in Con- 
gress. It was voted upon by Colonies, 
as separate and distinct political bodies. 

After reciting the wrongs of the Colo- 
nies, and the breaches of faith on the 
part of the British crown towards them, 
it concluded in the following words: 
" We, therefore, the representatives of 
the United States, in general Congress 
assembled, appealing to the Supreme 
Judge of all the world fur the rectitude 



of our intentions, do, in the name and 
by the authority of the good people of 
these Colonies, solemnly publish and de- 
clare that these United Colonies are, and 
of right ought to be, free and Indepen- 
dent States ; that they are absolved from 
all allegiance to the British crown, and 
that all political connection between 
them and the State of Great Britain is, 
and ought to be, totally dissolved; and,, 
that, as free and Independent States, 
they have full power to levy war, con- 
clude peace, contract alliances, establish 
commerce, and to do all other acts and 
things which Independent States may of 
right do. And for the support of this 
Declaration, with a firm reliance on the 
protection of a Divine Providence, we 
mutually pledge to each other our lives, 
our fortunes, and our sacred honor." 

All the delegates present from all the 
Colonies signed the Declaration thus 
made.Vhich was entitled, "The unani- 
mous Declaration of the thirteen United 
States of America."* 

It was immediately proclaimed from 
the hall in which Congress met, in Phila- 
delphia, known ever since as " Independ- 
ence Hall." Its announcement was re- 
ceived with great joy everywhere and 
attended, in many places, by the ringing 
of bells and the kindling of bonfires. 

The Committee on Confederation re- 
ported articles of union, on the 12th of 
July, eight days after the adoption of the 
Declaration of Independence. f 

The provisions of these articles may 
be divided into two classes, the first 
consisting of mutual covenants between 
the States; and the second, of mutual 
delegations of power by each of the 
States severally to all jointly. The title 
of these articles was in these words: 
"Articles of Confederation and perpetual 

* See Appendix A. f See Appendix B. 






SEPARATION FROM THE MOTHER COUNTRY. 



227 



Union between the States of New Hamp- 
shire, Massachusetts Bay, Rhode Island 
and Providence Plantation, Connecticut, 
New York, New Jersey, Pennsylvania, 
Delaware, Maryland, Virginia, North 
Carolina, South Carolina and Georgia." 
The mutual covenants, on proper analy- 
sis, may be set forth in substance as 
follows : 

1 st. The style of the Confederacy was 
to be " The United States of America." 

2d. Each State retained its sover- 
eignty, freedom and independence, and 
every power and right which is not ex- 
pressly delegated to the United States. 

3d. The object of the Confederation 
was for their mutual defence, the secu- 
rity of their liberties, and mutual and 
general welfare, binding themselves to 
assist each other against all force offered 
to or attacks made upon them, or any 
of them, on account of religion, sover- 
eignty, trade, or any other pretence what- 
ever. 

4th. In determining all questions in 
Congress each State was to have one 
vote. 

5th. Each State was to maintain its 
own delegates. 

6th. The free inhabitants of each 
State — paupers, vagabonds, and fugitives 
from justice excepted — were to be en- 
titled to all privileges and immunities of 
free citizens in the several States. 

7th. All fugitives from justice from 
one State into another were to be deliv- 
ered up on demand. 

8th. Full faith and credit w&re to be 
given to the records of each State in all 
the others. 

9th. Congress was to grant no title of 
nobility. 

10th. No person holding any office 
was to receive a present from a foreign 
power. 



nth. No State was to form any agree- 
ment or alliance with a foreign power 
without the consent of the States in 
Congress assembled. 

1 2th. No two or more States were to 
form any alliance between themselves 
without the consent of the States in Con- 
gress assembled. 

13th. No State, without the like con- 
sent of Congress, was to keep war-ships 
or an army in time of peace ; but each 
was to keep a well-organized and disci- 
plined militia, with munitions of war. 

14th. No State was to lay any duty 
upon foreign imports which would inter- 
fere with any treaty made by Congress. 

15th. No State was to issue letters of 
marque, or to engage in war, without the 
consent of the Congress, unless actually 
invaded or menaced with invasion. 

1 6th. When Federal land-forces were 
raised, each State was to raise the quota 
required by Congress, arm and equip 
them at the expense of all the States, 
and to appoint all officers of and under 
the rank of colonel. 

17th. Each State was to levy and 
raise the quota of tax required by Con- 
gress for Federal purposes, upon the 
basis of the value of their lands. 

1 8th. The faith of all the States was 
pledged to pay all the bills of credit 
emitted, or money borrowed on their 
joint account by Congress. 

19th. It was agreed and covenanted 
that Canada might accede to the Union 
so formed if she chose to do so. 

20th (and lastly). Each State was to 
abide by the determination of all the 
States in Congress assembled, on all 
questions which, by the Confederation, 
were submitted to them. The Articles 
of Confederation were to be inviolably 
observed by every State, and the Union 
was to be perpetual. No article of the 



228 



HISTORY OF THE UNITED STATES— COLONIAL 



- 



Confederation was to be altered without 
the consent of every State. 

The delegations of power by each of 
the States to all the States, in General 
Congress assembled, upon a like analysis, 
may be stated as follows : 

ist. The sole and exclusive power to 
determine on war and peace, except in 
case a State should be invaded or 
menaced with invasion. 

2d. To send and receive ambassadors. 
3d. To make treaties with a proviso, 
etc. 

4th. To establish rules for captures. 
5th. To grant letters of marque and 
reprisal. 

6th. To appoint courts for trial of 
piracies and other crimes specified. 

7th. To decide questions of dispute 
between two or more States, in a pre- 
scribed manner. 

8th. The sole and exclusive power to 
coin money and regulate the value. 

9th. To fix a standard of weights and 
measures. 

10th. To regulate trade with the In- 
dian tribes. 

1 ith. To establish post-offices. 
1 2th. To appoint all officers of the mi- 
litia land forces, when called out by 
Congress, except regimental. 

13th. To appoint all officers of the 
Federal naval forces. 

14th. To make rules and regulations 
for the government of land and naval 
forces. 

15th. To appropriate and apply public 
money for public expenses, the common 
defence, and general welfare. 

16th. To borrow money and emit bills 
of credit. 

17th. To build and equip a navy. 
1 8th. To agree upon the number of 
land forces, and make requisitions upon 
the States for their quotas, in proportion 



to the value of all land in each State. 
The foregoing powers were delegated 
with this limitation : the war power, the 
treaty power, the power to coin money, 
the power to regulate the value thereof, 
the power of fixing the quotas of money 
to be raised by the States, the power to 
emit bills of credit, the power to borrow 
money, the power to appropriate money, 
the power to regulate the number of land 
and naval forces, and the power to ap- 
point a commander-in-chief of the army 
as well as the navy, were never to be 
exercised unless nine of the States were 
assenting to the same. 

These articles form the original basis 
and first Constitution of the existing 
Federal States of the United States of 
America.* 

After being agreed upon by the States 
voting as States through their delegates 
in Congress, they were also submitted to 
the State governments respectively for 
their adoption and ratification. The 
Congress, in the meantime, went on in 
the exercise of the powers thereby con- 
ferred. As early as 1777, all the State 
governments had ratified them, except 
Maryland. It was not until 1781 that 
she gave her full assent to them. 

This closes the history of the Colo- 
nies, separately and collectively, and 
closes the First Book of our work, in 
the beginning of the seven years' conflict 
of arms known as the " War of the Rev- 
olution." 

In the Second Book, which follows, 
we shall continue the history of the same 
Peoples during that war, and their subse- 
quent career under the name and char- 
acter, now assumed, of " The United 
States of America." 

*Curtis's Hist, of the Constitution, vol. i., p. 53. 
Stephens's Review of the Constitution, War between 
the States, p. 74. 






WAR OF THE REVOLUTION. 



22Q 



BOOK II. -FEDERAL. 



CHAPTER I. 

THE WAR OF THE REVOLUTION FOR THE 

INDEPENDENCE OF THE STATES. 

(July, 1776 — January, 1778.) 

The Great Seal of the United States— The British 
General Howe on Staten Island with 9,000 men — 
Admiral Howe with reinforcements — General Clin- 
ton with additional reinforcements — Aggregate 
British force, 30,000 — Washington's army less 
than half this number — Howe's attempt at concili- 
ation — His letter to Washington — Washington re- 
fuses to receive it — Lieutenant-Colonel Patterson's 
interview with Washington — Attempts at concilia- 
tion failing, Howe determines to push the war — 
Battle of Long Island — Defeat of the patriots- 
Generals Sullivan and Stirling taken prisoners — 
Washington's successful withdrawal of army from 
Brooklyn — Adventure of Captain Nathan Hale — Ex- 
ecuted as a spy — His treatment and 1 ist words — Fort 
Washington — White Plains — British attack and 
carry Fort Washington— Washington's retreat across 
New Jersey — Lord Cornwallis in pursuit — Congress 
adjourns to Baltimore — General Charles Lee taken 
prisoner — Sullivan exchanged — Takes his place — 
Washington's great victory at Trenton — Movement 
on Princeton — General Mercer killed — Congress 
returns to Philadelphia — Marquis de Lafayette — 
General Tryon in Connecticut — Death of General 
Wooster — Major Barton's capture of General Pres- 
cott — A sword and colonel's commission voted 
him by Congress — Flag of the United States 
adopted — General Burgoyne gives a war-feast to 
the Indians — Attacks Ticonderoga — Generals Lin- 
coln, Arnold and Morgan — Miss Jane McCrea — 
Battle of Bennington — General Gates — Burgoyne's 
defeat — Battle of Brandywine — Lafayette wounded 
— Count Pulaski — Congress retreats to York, Penn- 
sylvania — Battle of Germantown — Battles at Red 
Bank — British defeated — Forts Mifflin and Mercar 
taken by the British— British take winter-quarters 
in Philadelphia, and Washington at Valley Forge. 

E now enter upon the History of 
the States united in a Federal 
Union. They had all joined, as 
we have seen, in a common 
cause for the maintenance of a 
separate sovereign right of local self- 




government on the part of each. For 
the maintenance of this right they had 
taken up arms. We proceed, therefore, 
first, with the bloody conflict already 
commenced, and which attended the 
achievement of this great object. 

One of the first things that occupied 
their attention after the proclamation of 
the Declaration of Independence was 
the preparation of a device for a Great 
Seal of the Confederation, under their 
articles of Union to be formed. This 
was assigned to a committee, consisting 
of Dr. Franklin, John Adams, and Mr. 
Jefferson. The seal as finally adopted 
has never been changed since. The 
articles of confederation were reported, 
as we have seen, on the 12th of July. 

In the meantime, on the 8th of July, 
the British General Howe landed on 
Staten island, near New York, nine 
thousand men ; and a few days after- 
wards Admiral Howe arrived with rein- 
forcements from England. General 
Clinton also soon after arrived ; so the 
whole British forces now in the States 
amounted to about thirty thousand men. 
To oppose these forces, which were 
provided with every necessary to make 
effective soldiers, Washington had a 
badly-clothed and badly-equipped army 
of hardly half their number. 

General Howe had been instructed to 
make an attempt at conciliation. Ac- 
cordingly, soon after his arrival, he 
offered pardon to all who would swear 
allegiance to the king. The Congress 
caused General Howe's proclamation to 
be published in all the newspapers of 
the country, so that the people might 
see the extent of the submission re- 



230 



HISTORY 01- THE UNITED STATES IN FEDERAL UNION. Book II., d 



quired of them. General Howe also Howe and General Howe were only to 
wrote to Washington, but directed his grant pardon ; that those who had corn- 
letter to George Washington, Esq. mitted no faults wanted no pardons ; 
Washington declined to receive it. The that we were only defending what we 
address of the letter was then changed, deemed our indisputable rights." Col- 
" To George Washington, &c, &c, &c." onel Paterson said " that would open a 
Washington still declined to notice it very wide field of argument," and so the 
upon the ground that he would not , matter ended. 

receive any communication from the I General Howe now determined to 
British general not directed to him as push the war. Accordingly, on the 22d 
Commander of the Armies of the United of August, General Clinton crossed over 
States. On the 2 1st of July, Lieutenant- to the southwest point of Long Island, 
Colonel Patterson, adjutant of General with ten thousand men and forty cannon. 
Howe, obtained a personal interview The forces of the United States, in and 
with General Washington, on the subject about Brooklyn, consisted of about nine 
of exchange of prisoners, and during the I thousand men, under command of Gen- 








OBVERSE. 



SEAL O? THE UNITED STATES. 



REVERSE. , 



interview brought up the subject of 
reconciliation. He stated that General 
Howe and Lord Howe, by " the benevo- 
lence of the king," had been appointed 
" commissioners to accommodate this 
unhappy dispute;" that "they had great 
powers, and would derive the greatest 
pleasure from effecting an accommoda- 
tion." Colonel Patterson, moreover, 
"wished to have his visit considered as 
making the first advance to this great 
object." General Washington replied 
that he was vested with no power on 
the subject ; " but, from what had ap- 
pear <! and transpired on this head, Lord 



erals Sullivan and Stirling.* General 
Putnam was sent over from New York 
to take the chief command. On the 
27th a battle took place in which the 
United States forces were badly defeated, 
with a loss of about sixteen hundred and 

*The name of this officer was William Alexander, 
a native of New York, hut of Scotch descent. lie 
claimed the earldom of Stirling in Scotland, to which 
many of his contemporaries believed him to he en- 
titled, though he never obtained it in law. He is 
known in history as Lord Stirling. He was a zealous 
supporter of the cause of the Colonies, and was ap- 
pointed by Congress to a colonelcy in the New Jer- 
sey troops, on the 7th of November, 1775, a brigadier 
in March, 1776, and a major-general in February, 
1777- 






WAR OF THE REV0LU7T0N. 



231 



fifty men, eleven hundred of whom were 
made prisoners. Generals Sullivan and 
Stirling were both captured. The Brit- 
ish loss was small. While the battle 
was the hottest, Washington crossed 
over from New York to Fort Putnam 
on the island. He could give no relief. 
The garrison in the fort was too small. 
Howe did not attack the fort He 
camped near it, and waited for the fleet. 
He thought his prey was secure ; but on 
the 28th a heavy fog arose, 
which completely hid every- 
thing from view all the next 
day. On the evening of the 
29th, Washington paraded his 
men in silence ; about mid- 
night they were embarked in 
boats, and in six hours the 
army was safe in New York. 

Howe had no suspicion of 
what was taking place until 
after daybreak, when the last 
boat was beyond his reach. 
After this great disaster, Howe, 
supposing that the Congress 
might now incline to peace, 
sent Sullivan on parole with a 
proposition to that body. But 
nothing was effected, as neither 
party was disposed to yield 
to the other. 

The British army was soon 
ready to attack the city ; 
and Washington, knowing that he was 
too weak to make a successful de- 
fense, began a retreat to the northern 
part of the island. But, as he was 
very anxious to learn something of 
Howe's movements, Captain Nathan 
Hale, of Connecticut, a promising young 
officer, undertook to visit the British 
camp as a spy. He was recognized by 
a Tory relative, arrested, and, on the 22d 
-of September, was executed as a spy. 



He was treated with great harshness; 
no clergyman was permitted to see him 
the use of the Bible was denied him ; and 
the letters written by him to his mother 
and sisters were destroyed. His last 
words were, " I only regret that I have 
but one life to give to my country." 

On the 15 th of September a large de- 
tachment of the British army crossed the 
East river, three miles above the city, and 
spread out across the island, very nearly 




GENERAL JOHN SULLIVAN. 

cutting off the rear guard of four thou- 
sand men under General Putnam. 

The British now held possession of 
the city. Washington occupied the 
northern part of the island, where he 
intrenched himself, and erected Fort 
Washington on a rocky height overlook- 
ing the Hudson. Howe determined to 
gain the rear of Washington's position, 
as the front was too strong to be attacked. 
He accordingly took position northeast 



232 



HISTORY OF THE UNITED STATES IN FEDERAL UNION. Book II., c. i. 



of his camp. Washington then left three 
thousand men to hold the fort ; crossed 
over to the mainland with the greater 
part of his army, and fixed his head- 
quarters at White Plains. Here a battle 
occurred on the 28th of October, without 
any very decisive results. Washington 
withdrew to North Castle, among the 
hills south of Croton river; and Howe, 
after a few days, returned to New York. 

Washington now being apprehensive 
that the British would attack Philadel- 
phia, left General Charles Lee, with four 
thousand men, at North Castle, crossed 
the Hudson, and fixed his headquarters 
at Fort Lee, in New Jersey. 

On the 17th of November, Fort Wash- 
ington was attacked by a large force. 
The ammunition of the garrison failed, 
and they were obliged to surrender. By 
this disaster the United States loss 
amounted to nearly three thousand men. 
The British had nearly one thousand 
killed and wounded. This was a severe 
blow, and caused great depression 
throughout the country. Washington 
was blamed for trying to hold the post, 
and charged with want of courage in not 
meeting the enemy in the field. On the 
19th of November the British crossed 
the Hudson. Fort Lee was abandoned 
to them, and they started in pursuit of 
Washington's army, now amounting to 
only about three thousand men. Wash- 
ington retreated across New Jersey, his 
rear being closely pressed by the British. 
His army suffered greatly during this 
retreat. Many of the men were without 
suitable clothes, and many barefoot. 
They left blood-stained tracks on the 
frozen ground. After a weary and mel- 
ancholy march they at last reached the 
Delaware river at Trenton, where they 
crossed into Pennsylvania. Lord Corn- 
wallis, who was in pursuit, came up soon 



afterwards ; but instead of building boats 
or a bridge across the river, he concluded 
to wait until the ice should be thick 
enough for his army to pass over on it. 

Meantime he stationed detachments at 
Princeton, New Brunswick, and other 
places on the Jersey side of the Delaware. 
Washington's army seemed about to be 
destroyed. Desertions were constantly 
taking place, and the prospect was so 
gloomy that many of the friends of the 
patriot cause now shrunk from its de- 
fence. Philadelphia was in danger, and 
Congress adjourned to meet at Baltimore. 
General Charles Lee was taken prisoner 
by incautiously exposing himself; but 
General Sullivan, who had been ex- 
changed, took command in Lee's place, 
and soon united his forces with those of 
Washington. These, with some recruits 
from Pennsylvania, made a force of about 
five thousand men. 

Washington now planned and exe- 
cuted a bold enterprise. Trenton, in New 
Jersey, was occupied by about fifteen 
hundred Hessians and a troop of British 
cavalry. These he determined to at- 
tack. Christmas night was dark and 
stormy. The Delaware river was full of 
ice. Washington and Sullivan, with one 
division of the army, crossed in the night, 
and at four o'clock on the morning of the 
26th, marched on Trenton. The surprise 
was complete. The Hessians were en- 
gaged in Christmas frolics, and not think- 
ing of any danger. The officer in com- 
mand, Colonel Rahl, was killed, and 
about a thousand Hessians at once sur- 
rendered. The remainder, with the 
British, escaped. All the artillery and 
camp equipage were captured. Wash- 
ington immediately recrossed the Dela- 
ware with his prisoners and spoils. He 
had lost but nine men, two of whom 
were frozen. This gloomy year was 







■L 



^233) 






234 HISTORY OF THE UNITED STATES IN FEDERAL UNION. Book II.. c. 1 

thus closed with a brilliant victory, plcte, but a brigade of the enemy had 

which give fresh courage to the army just started for Trenton. An engage- 

and restored the confidence of the nient ensued, in which the British were 

country. defeated; but the United States army 

On the 2d of January, 1777, Wash- sustained a heavy loss in the death of 

ington recrossed the Delaware and oc- General Mercer, who was killed while 

cupied Trenton. Here he received news rallying his men. The British loss was 

that Cornwallis was corning to oppose about four hundred kiJled, wounded, and 

him with a strong force. The opposing prisoners; the United States about one 

armies met and skirmished a while, when hundred. After these successes Wash- 

the United States forces fell back, and ington continued sending out expedi- 

night coming on, both parties slept tions, until he recovered the greater part 

•on the ground where they were, with I of New Jersey, onlv two posts, New 




BATTLE OF 

their arms by them. Washington de- 
termined not to bring on a general en- 
gagement. He thought it would be 
better to surprise the British at Prince- 
ton. So, leaving his fires burning, he as 
<]uietly as possible moved his army in 
the night, and early next morning 
reached Princeton, the scat of govern- 
ment of New Jersey, and famous for its 
institution of learning, founded by the 
statesmatb-divine, Rev. John Wither- 
spoon, D. D., LL. D. 

The surprise would have been com- 



PRINCETON. 

Brunswick and Amboy, being at last 
held by the British, 

Meantime Congress returned to Phil- 
adelphia, when they were employed in 
measures for supplying the army and 
for obtaining aid from foreign countries. 
As early as March, 1776. Mr. Silas 
Deane, of Connecticut, had been sent 
to France to solicit aid. He was after- 
wards joined by Benjamin Franklin and 
Arthur Lee. No open encouragement 
to the American cause was given at 
first, but help was secretly furnished. 



WAR OF I HE REVOLUTION. 



235 



More than twenty thousand stand of 
arms and one thousand barrels of pow- 
der were sent to the United States in 
the course of the year 1777. 

The nobility of France were in gen- 
eral opposed to the American cause, as 
they thought the people were rebels 



pletely convinced of the justice of their 
cause, and he determined to give them 
all the assistance in his power. In 
opposition to the wishes of his family, 
and without permission of the King of 
France, he came to this country. Im- 
mediately after his arrival, in June, 1777, 




THE MARQUIS DE LAFAYETTE. 

against their king. But there was one he received the commission of major- 
young noble, the Marquis de Lafayette, ; general in the army, which had been 
who was filled with an ardent enthusi- j promised him by Mr. Deane. His ac- 
Asm in favor of the cause of those strug- quaintance with General Washington, 
gling for the right of self-government on I which took place a few days after his 
this continent. On hearing the Declara- arrival, soon ripened into a warm and 
tion of Independence read, he was com- life-long friendship. 



236 



HISTORY OF THE UNITED STATES IX FEDERAL UNION. Book I] 



In March, General Howe sent a force 
up the Hudson to destroy the " rebel " 
stores at Peekskill. The garrison there, 
seeing the approach of the British, set 
fire to the stores and left the place. On 
the 25th of April several thousand of 
the enemy, under General Tryon, the 
last royal Governor of Connecticut, made 
a raid into that State. On the 26th they 
burned the town of Danbury, and all 
the supplies collected there. They com- 
mitted many other atrocities. On their 
retreat they were assailed by the militia, 
who harassed them so sharply that they 
lost nearly three hundred men. The 
loss sustained by the militia was much 
less ; but among the number was Gen- 




FLAG AND SHIELD. 

eral Wooster, an old man then in his sev- 
entieth year. 

By way of retaliation, Colonel Meigs 
crossed over from Connecticut, and burnt 
twelve British vessels and a large quan- 
tity of supplies, near Sag Harbor on 
Long Island. He took about ninety 
prisoners ; lost none. About this time, 
also, July 10th, Major Barton, of Provi- 
dence, achieved a very daring exploit. 
With about forty men he captured the 
British General Prescott. He took him 
by surprise. Entering his bed-room at 
night, he seized him and carried him off 
a prisoner. Congress immediately gave 
him a sword and a colonel's commis- 
sion. 

In July of this year Congress adopted 



a flag, consisting of thirteen stripes, red 
and white alternately, with thirteen 
white stars on a blue ground; each star 
representing a State. The stripes came 
from six sections of the shield, which 
formed part of the original device of a seal 
proposed for the United States. These 
six sections or quarterings of the escutch- 
eon were intended to designate the 
six European countries from which the 
United States had been chiefly peopled, 
to wit, England, Scotland, Ireland, 
France, Germany, and Holland. In 
drawing these six sections on the shield 
figure, seven spaces of the original color 
were, of course, left, which gave the 
whole the appearance of thirteen bars, 
or stripes. The motto on the seal fi- 
nally adopted was " E Pluribus Unum,'* 
that is, "one of many;" or "one federal 
government composed of several sepa- 
rate States." 

All this time the British were prepar- 
ing to invade the United States from 
Canada. General Burgoyne, with ten 
thousand men, was approaching the 
upper part of the Hudson river. I lis 
object was to get in between Washing- 
ton and New England. On the 21st of 
June he gave a great "war-feast" to the 
Indians. The chiefs promised to help 
him ; and when they saw his fine large 
army, they thought he would be able 
to whip the rebels in a short time. He 
soon reached Ticondcroga with his army. 
General St. Clair was there with about 
three thousand men. He thought at 
first he could hold the place, but he 
soon found himself compelled to beat a 
hasty retreat. 

The British pursued, defeated his rear 
guard, took Skeenesborough, and de- 
stroyed the supplies there collected. 
General Burgoyne then issued a procla- 
mation, promising pardon and protection 






WAR OF THE REVOLUTION. 



to all who would return to their allegi- 
General Schuyler immediately 



ance. 



published a proclamation in answer, in 
which he made appear what kind of 
protection had been given to the people 
of New Jersey, and warned them against 
listening to the promises of the enemy. 
After the loss of so many strong forts 
in the north, the country became very 
much alarmed and despondent; and as 



2 37 

It was during the advance of Bur- 
goyne, about this time, that the Indians 
murdered a young lady, whose fate has 
always been much pitied, and around 
which a sad and tender interest has 
always hung. The name of the young 
lady was Jane McCrea. She lived near 
Fort Edward with her brother. She 
had become acquainted with Lieutenant 
Jones, of the British army; had fallen in 




Is usual in such cases, Generals Schuyler 
and St. Clair were blamed without 
cause. 

Other officers were ordered to the 
north to their assistance — Lincoln, 
Arnold, and Morgan. Burgoyne came 
•on slowly. On the 30th of July he 
reached Fort Edward. The United 



GENERAL BURGOYNE ADDRESSING THE INDIANS. 

love with him and was engaged to b" 
married to him. Miss McCrea's brother 
was an ardent supporter of the Ameri- 
can cause, and on the approach of the 
British army he left home and went to 
Albany. 

The young lady, wishing to see her 
lover, remained with a friend and neigh - 



States army fell back to Saratoga, Still- bor, Mrs. McNeil, who was a loyalist 
water, and to the Mohawk river, near and near relative of the British General 
where it empties into the Hudson. ' Frazer. All her friends thought that 



HISTORY OI- THE UNITED STATES IN FEDERAL UNION. Book II. 



238 

she would be entirely safe. On the 27th 
of July the house was surrounded by 
Indians, and Mrs. McNeil and Miss 
McCrea were both seized, but by differ- 




GENERAL PHILIP SCHUYLKR 

ent parties, and were carried off in dif- 
ferent directions. The house being near 
where some United States forces were 
camped, the alarm was given, and the 
Indians were pursued and fired upon; 
but the captives were not rescued. The 
Indians carried Mrs. McNeil to the 
British camp, but Miss McCrea was 
never seen again alive. Mrs. McNeil 
recognized her scalp in the hands of 
some of the party who had seized her, 
and they were charged with her murder. 
Hut they declared she had been killed 
by the soldiers, who pursued and fired 
upon them as they were carrying her off; 
and that they scalped her to obtain the 
bounty which the British were in the 
habit of paying. Lieutenant Jones, 
heart-broken at his loss, resigned his 
commission in the army. His resigna- 
tion was not accepted, and he deserted. 
We are told that for more than fifty 
years he lived the life of a hermit, mourn- 



ing with unavailing regret the cruel loss 
of his beloved Jane. 

General Burgoyne, finding his army 
greatly in need of provisions, and it be- 
ing a very difficult task to bring them 
from Ticonderoga, sent Colonel Baum, a 
German officer from Fort Edward, with 
five hundred men, to seize some stores 
which had been collected by the patriots 
at Bennington. They were met and en- 
tirely defeated near Bennington, by Col- 
onel Stark, in command of the Green 
Mountain Boys, as they were called ; 
they were Vermont militiamen. Soon 
after this battle, another party of the 
British arrived, and the militia in turn 
would very probably have been defeated, 
had not Colonel Warner fortunately come 
up with a regiment at this critical mo- 




ment. 



GENERAL JOHN STARK. 

The battle was renewed with 



great spirit, and the enemy was entirely 
defeated. The British loss in the two 



WAR OF THE REVOLUTION. 



239' 



engagements was about seven hundred 
men, mostly prisoners ; the United States 
ioss not more than one hundred. 

By the battle of Bennington, Burgoyne 
was delayed at Fort Edward nearly a 
month. At this time news was received 
from Fort Schuyler. This fort being 



the Indian allies left the British army, 
and St. Leger, who was in command, 
was forced to give up the siege. 

About the middle of September, Gen- 
eral Burgoyne crossed the Hudson, and 
took position at Saratoga. General Gates, 
who had superseded Schuyler in com- 




GENERAL BURGOYNE. 



besieged by the British, General Her- 
kimer collected the militia, and marched 
to its relief; but he was defeated and 
slain. Soon after, a sally was made from 
the fort which damaged the enemy 
greatly. On the approach of Arnold, 



mand of the United States forces in that 
section, was in camp near Stillwater. On 
the 1 8th of September, Burgoyne was 
within two miles of Gates's camp. " On 
the 19th a general battle was fought, 
which continued three hours. Night put 



HISTORY OF THE UNITED STATES IN FEDERAL UX[OX. Book II i 



.240 

an end to the contest. Gates withdrew 
to his camp ; the British remained on the 
field of battle. Both parties claimed the 
victory, which really belonged to neither, 
•for neither was defeated. Burgoyne in- 
trenched himself, to wait for assistance 
from New York. 



with desperate bravery on both sides. 
But the British were defeated with heavy 
loss. Some of their best officers were 
killed ; among them General Frazer, one 
of the noblest and most efficient, slain by 
General Morgan's riflemen. The United 
States loss was inconsiderable. The 




GENERAL HORATIO GATES 



The Canadians and Indians now began night after the battle, the British fell back 
to desert him, and being cut off from the to a better position, and Gates occupied 
means of obtaining supplies, he was I his former camp, 
obliged to shorten his soldiers' rations. Burgoyne's next move was to retire to 



On the 7th of October, another general 
battle occurred, on nearly the same 



Saratoga, in the effort to reach Fort 
Edward. But he was not able to ac- 



ground as the former, which was fought complish his purpose; pressed on all 






WAR OF THE REVOLUTION. 



24 E 



sides by Gates, reduced to a three days' 
supply of provisions, and losing all hope 
of assistance from New York, he was 
compelled to propose terms of surrender. 
On the 17th of October he surrendered 
his army as prisoners of war. This 
great victory was soon followed by the 
capture of Forts Clinton and Mont- 
gomery, and the reoccupation of Ticon- 
derosra, and all the forts on the 
northern frontier by the United 
States forces. In the latter part 
of October, four thousand of 
these victorious troops pro- 
ceeded to join Washington, in 
the neighborhood of Philadel- 
phia, where he had been sorely 
pressed for several months, as 
we shall now state. 

In the month of July, while 
the operations were going on 
northward, as related, General 
Howe, with sixteen thousand 
men, sailed from New York 
with the intention of attacking 
Philadelphia. Washington, with 
little more than half the number, 
hastened to confront him. The 
two armies met at Chadd's ford, 
on the Brandywine creek. Here, 
on the nth of September, was 
fought a desperate battle, in 
which Lafayette and Count Pu- 
iaski, a noble Pole, who had also 
espoused the cause of the States, greatly 
distinguished themselves.* In this en- 



gagement Lafayette received a wound, 
but was not disabled by it. Washington 
was at length compelled to yield the 
ground to superior forces. He retreated, 
and took position about eight miles 
above Philadelphia. That city fell into 
the hands of the British, and the Con- 
gress retired to York, in Pennsylvania. 
On the 4th of October, Washington 




* Count Casimir Pulaski was born in Lithuania, 
March 4th, 1747. He was a son of Count Joseph 
Pulaski, who in 1768 formed the Confederation of 
Bar, for the preservation of the liberties of Poland. 
. In 1769 Casimir joined his father and two brothers 
in the struggle of Poland against the despotism of 
King Stanislaus Augustus. His father and brothers 
having perished in the war, Casimir was for some 
time commander of the insurgents, and made a bold 
attempt to seize the king at Warsaw. Being outlawed 
16 



SURRENDER OF BURGOYNE. 

made an attack on the British at Ger- 
mantown. His plans were well laid, and 



at the failure of this bold attempt, he escaped to Turkey 
in 1772, and participated in the war against Russia. 
He proceeded to France, where he made the ac- 
quaintance of Franklin and offered his services to the 
cause of the United States. Arriving at Philadelphia 
in the summer of 1777, he joined the army as a vol- 
unteer, and for his distinguished services at Shads' 
Ford was two days afterwards appointed by Congress 
brigadier-general, and given the command of the 
cavalry. 



242 



HISTORl (>/ THE UN HEP STATES IN FEDERAL UNION. Book II. 



would perhaps have been successful, if 
his orders had been promptly executed ; 
but as they were not, nothing was effected 
by it. Soon after, the British made an 
attack upon part of Washington's forces, 
stationed at Red Bank, on the east side 
of the Delaware. In this, the British ; 
were defeated, with the loss of General 
Donot, who commanded the movement, i 
Forts Mifflin and Mercer, a short dis- 
tance below Philadelphia, on opposite 
sides of the river, were then both at- 
tacked by the enemy, on the 22d of Oc- l 



winter. Washington encamped at Val- 
ley Forge, in rude huts. Here he was 
daily compelled, through a long and 
vigorous season, to witness sufferings 
that he could not relieve, and to hear 
murmurs and complaints it was impossi- 
ble to still. But his exertions to save 
his country never relaxed. Calumny 
did its worst. His enemies spared no 
efforts to supplant him, to have him re- 
moved from the chief command, and to 
put General Gates in his place. But 
their malicious efforts failed, and they 




THE BATTLE OK GERMANTOWN— CHEW'S HOUSE. 



tob x. After a series of assaults, Fort 
Mifflin was captured, the garrison retiring 
to Fort Mercer ; but in a few days, beintr 
pressed by the enemy, this fort was also 
abandoned, and the Delaware was thus 
opened to the British shipping. Soon 
afterwards, Washington advanced to 
White Marsh, where the British General 
Howe frequently tried to draw him into 
a general engagement, but failed. 

On the approach of winter the British 
retired to Philadelphia, where, sur- 
rounded by plenty and all the comforts 
of life, they passed the cold season of 



finally received the deserved contempt 
of the army and of the people. 

Major General Thomas Conway, of tin- 
United States army, was supposed to be 
at the* head of this intrigue. lie was ,i 
partisan of Gates, and for unjust asper- 
sions against Washington, was challenged 
by General John Cadwalader. Conway 
accepted. The duel was fought. Conway 
was severely wounded, and leftthecountry 
never to return. He subsequently joined 
the French army, became a count, a field- 
marshal, and Governor of the French 
Indies. He died about 1800. 



WAR OE THE REVOLUTION. 



24 3 




RUINS OF FORT TICONDEROGA. 



CHAPTER II. 
war of the revolution — Continued. 

(1778— 1779) 

Commissioners sent from Great Britain with propo- 
sals for reconciliation — These rejected except upon 
conditions — Treaty with France — Count D'Es- 
taing — Clinton moves from Philadelphia towards 
New York — Battle of Monmouth — Harsh words 
of Washington to Charles Lee — Winter quarters 
at Middlebrook, N. J. — D'Estaing on coast of 
Virginia — Wyoming massacre — Cherry Valley 
massacre — Movement against Savannah under 
Colonel Campbell and Admiral Parker — Savannah 
taken — Attack on Port Royal — Colonel Boyd 
moves from Ninety-Six to Wilkes county, Georgia, 
with regiment — Met by Colonel Pickens and Lieu- 
tenant-Colonel E. Clarke, commanding militia — 
Battle of Kettle Creek — Boyd mortally wounded — 
His command routed — Generosity of Pickens — 
General Ashe defeated on Brier Creek by General 
Prevost — Affair at Stony Ferry — General Tryon in 
Connecticut — General Putnam's memorable exploit 
— Marauding expedition in Virginia — General 
Clinton on the Hudson — Capture of Stony Point 
and Verplanck's Point — General Anthony Wayne 
recaptures Stony Point— Major Henry Lee's 
achievement at Paulus Hook— General Sullivan at 



Elm ira— Brilliant victory — Count D'Estaing with 
his fleet near Savannah — General Lincoln in con- 
cert lays siege to that city — Great battle in which 
Count Pulaski and Sergeant Jasper fall — Siege 
raised — Lincoln moves his forces to Charleston — 
Paul Jones's brilliant exploit at sea — Close of opera- 
tions of 1779 — Coldest winter ever known in 
America — Renewed preparations in England for 
campaign of 1 780. 

OON after the defeat and sur- 
render of Burgoyne, commis- 
sioners were sent from Great 
Britain to America to see if the 
questions of differences could 
not be settled in a friendly manner with- 
out a separation of the Colonies from 
the mother country. But their proposals 
were rejected by Congress, who refused 
to treat unless Great Britain should first 
withdraw her armies, or acknowledge 
the independence of the United States. 
About this time the cheering intelligence 
was received that France had acknowl- 
edged the independence of the several 




244 



HISTORY OF THE UNITED STATES IN FEDERAL UNION. 



Book II., c. 2 



thirteen States at war with England, and 
had entered into a treaty with them 
under their articles of confederation. 

The treaty was signed on the 6th day 
of February, 1778. The commissioners 
on the part of the United States were 
Benjamin Franklin, Silas Deane, and 



contest. A French fleet, under Count 
D'Estaing, was sent over to blockade 
the British fleet in the Delaware, while 
Washington operated by land in New 
Jersey. But Lord Howe, being informed 
of what was transpiring, before the ar- 
rival of the French fleet, sailed for New 




SIR HENRY CLINTON. 



Arthur Lee. Congress ratified the York, at which place all the British 
treaty on the 4th of May following, forces were ordered to concentrate. 



The making of this treaty was considered 
by Great Britain as a declaration of war 



On the 1 8th of June, General Clinton, 
in command of the British land-forces. 



on the part of France against her; the began his march from Philadelphia to 
two nations immediately prepared for the New York. His force consisted of about 



WAR OF THE REVOLUTION. 



245 



eleven thousand men, with a large 
amount of baggage and provisions. 
Washington, with the main body of his 
army, followed cautiously. At the same 
time he sent forward detachments to 
operate with the Jersey militia in haras- 
sing the enemy and retarding his pro- 
gress. He was anxious to bring on a 
general engagement; but forebore to do 
so in opposition to the views of his 
officers, as expressed in a council of war. 

When, however, the British army had 
arrived at Monmouth,Washington,unwill- 
ing; for them to reach the 
heights of Middletown 
without a battle, ordered 
General Charles Lee 
(who . had been ex- 
changed for General 
Prescott) to attack their 
rear. ^>' ; 

On the morning of the 
28th, Lafayette, with his 
light horse, attacked a 
body of the enemy, but 
was forced to retire be- 
fore their superior num- 
bers. Lee, surprised by 
the sudden onset of the 
enemy, ordered his 
troops to fall back, to 
the end, as he maintained 
afterwards, that he 
might obtain a more ad- 
vantageous position. Part of his men, 
misunderstanding the order, continued 
to retreat; Lee followed the retreating 
column, hotly pursued by the enemy. 
Washington came up at this moment, 
and seeing the disastrous retreat of Gen- 
eral Lee, rebuked him in a sharp and 
cutting manner. Some writers blame 
General Lee very much for this whole 
affair, alleging that he entirely deserved 
the severe reproaches of Washington. 



Whether he really deserved them or 
not (with his subsequent explanations) 
it is yet true, that after the arrival of 
Washington on the ground, the troops 
were soon rallied; order was restored, 
and as the main body of the army came 
up the battle became general, and was 
continued until night. 

The victory was not decisive either 
way, but the Americans kept possession 
of the field. They expected to renew 
the battle in the morning; but General 
Clinton quietly withdrew during the 




GENERAL CHARLES LEE. 

night, moving on towards New York. 
The total loss of the British in this battle 
was about five hundred; that of the 
United States, about two hundred and 
thirty. 

General Lee, angry at the reproaches 
of Washington, sent to him the next day 
a disrespectful and insulting communica- 
tion. 

Washington immediately had him 
arrested for disobedience of orders and 



24 6 HISTORY OF JI/E U WJ TED S 

for improper conduct in the presence of 
the enemy. He was tried by court- 
martial; the sentence of the court was 
that he be suspended from his command 
for one year. This eccentric genius and 
soldier of fortune was a native of Dem- 
hall, Cheshire, England. He had served, 
not without credit, in the British army in 
Portugal, under Burgoyne. He after- 
wards won distinction in the army of 
Poland. He entered the Russian service 
against the Turks and became notorious 
as a duellist. When the dispute arose 
betu een England and the Colonies, he 
offered his services to the latter, and was 
one of the five major-generals appointed 
by Congress in 1775. He never returned 
to the army after his suspension, but 
died in Philadelphia in 1782, in the fifty- 
second year of his age. 

After the battle of Monmouth the 
British proceeded without molestation to 
Sandy Hook, whence they were con- 
veyed on the fleet to New York. Wash- 
ington took position at White Plains, 
where he remained until he went into 
winter quarters at Middlebrook, in New 
Jersey. 

In July the French fleet, under Count 
D'Estaing, appeared off the coast of 
Virginia. Measures being concerted for 
the siege of Newport, in Rhode Island, 
D'Estaing entered that harbor early in 
August. Soon after operations began, a 
British fleet approached. D'Estaing 
went out to meet the enemy; but a terri- 
ble storm arose, which prevented an en- 
gagement and damaged both fleets con- 
siderably. The French returned to 
Newport; and the British sailed U>v New 
York. Meantime General Sullivan, with 
the land-forces, had begun the siege, con- 
fidently expecting the co-operation of 
the French fleet. In this he was disap- 
pointed. 



TATES IN FEDERAL UA/JON. Book II., t 

Against the urgent entreaties of La- 
fayette and Greene, D'Estaing soon 
sailed for Boston, for the purpose of re- 
fitting his vessels, thereby compelling 
Sullivan to abandon the siege. On his 

J retreat, he came near being cut off by 
General Clinton, who had arrived on 
the 31st of August, with four thousand 
men and a light squadron, for the relief 
of Newport. 

In this year occurred the melancholy 
massacre of Wyoming in Pennsylvania, 
which has become so celebrated in song 
and story. Early in the summer this 
lovely valley was invaded by a party of 
about fifteen hundred Iroquois Indians 
and Tories,* led by Colonel John Butler. 
On the 3d of July Colonel Zebulon 
Butler, with about four hundred men 
and boys, advanced to meet the invading 
party. He was defeated and lost nearly 
the whole of his men, killed, wounded, 
or taken prisoners. The next day the 
fort of Wyoming was laid siege to by 
the Indians and Tories. It was surren- 
dered on condition that the survivors 
should be allowed to go to their homes 
in safety and security. 

This guaranty was at once perfidiously 
broken. No sooner was the fort thrown 
open, and its occupants scattered on the 
way to their several homes, than the 
work of treachery and butchery began. 
v was the appellation given to all dial class 
of colonists throughout tin- States who sided in sym- 
pathy and action with the mother country in the 
struggle then going on. Those who were devoted to 
tlie cause of independence bore ilie name of Whig. 
These were the characteristic party name, in England 
at the time. Those in that country who sustained the 
Crown and Lord North's administration, or were the 
adherents of power, in the main, were known as To- 
ries; while those under the lead of Chatham and other 
liberals were known as Whigs. The origin of these 
names in the mother country, or from what they at 
first arose, i- not well settled in history. Let thU ex- 
planation he kept in mind by the reader as he meets 

i wi'h these terms m the progress of this work. 



WAR OF THE REVOLUTION: 



247 



At night the Indians and Tories spread 
themselves over the valley; burned the 
houses of the inhabitants, and slaugh- 
tered, without mercy, men, women, and 
children. Very few, only, escaped the 
dreadful massacre. The tortures in- 
flicted on the unfortunate victims were 
cruel in the extreme. One, a Captain 
Bidlack, was thrown alive on burning 
coals and kept there with pitchforks 
until he died. Six others were placed 
near a stone on the river bank, and held 
by six savages, while queen Esther, an 
-old Indian woman, walked around them 
in a circle singing their death-song, and 
striking them on the head with a club 
until death came to their relief. The 
desolation of Wyoming was as 
complete as its destruction was 
cruel. 

In November a like scene was 
enacted in Cherry Valley, New 
York. Brant, a noted Mohawk 
chief, at the head of a band of 
Indians and Tories, suddenly 
entered the valley, and killed 
and carried off most of the in- 
habitants. There seemed to be 
a malignant rivalry between the Indians 
and Tories, as .to which could excel in 
deeds of ferocious bloodthirstiness and 
butchery. 

With these events, or soon thereafter, 
active operations by large armies closed 
in the northern and middle sections of 
the country. 

The scene now shifts to the South ; 
and, until the termination of the war, the 
principal military movements were con- 
fined to that theatre of operation. 

In November, 1778, General Clinton 
sent Lieutenant-Colonel Campbell, with 
two thousand men, and a fleet under 
Admiral Hyde Parker, against Savannah, 
an Georgia. That place was held by 



General Robert Howe, with about nine 
hundred United States troops. An en- 
gagement ensued, in which the British 
forces succeeded in taking possession of 
the place ; the United States forces 
crossed over into South Carolina. 

The whole of the lower part of Eastern 
Georgia was thereafter overrun, and left 
to the mercy of the British and Tories. 
This conquest of Savannah and conse- 
quent inroad into Georgia were the only 
advantages gained by the enemy during 
the year. 

Indeed, after two years of fighting at 
the North, the British had, in fact, accom- 
plished nothing ; and the positions of 
the opposing armies were, at the close 




SUKRKNDI K OF SAVANNAH. 



of 1778, almost the same as in the begin- 
ning of 1777. 

In the beginning of the year 1779 the 
British forces in the South consisted of 
about three thousand effective men, 
under the command of General Prevost. 
General Lincoln, a brave and skilful 
officer, had at this time the command of 
the United States army in this section; 
but his forces were inferior in number to 
the British, and composed chiefly of 
militia. The first attempt of the British 
general was the conquest of South Caro- 
lina and the upper part of Georgia, on 
the Savannah river. He sent a body of 
regulars to take possession of Port Royal 
island ; but they were met by General 



248 



HISTORY OF TIJL UNITED STATES IN FEDERAL UNION. Book II., c. 2 



Moultrie and driven back with severe 
loss. 

Soon afterwards Colonel Boyd, an 
English officer, who commanded a regi- 
ment of loyalists, or Tories, at a place 
known as Ninety-Six, in the upper part 
of South Carolina, was ordered to join 
the British army near the city of Sa- 
vannah. He crossed over into Georgia, 
intending to take Augusta in his route ; 
but was confronted by Colonel Andrew 
Pickens and Lieutenant-Colonel Elijah 
Clarke, commanding Carolina and Geor- 




GENERAL BENJAMIN LINCOLN. 

gia militia, respectively, and defeated, in 
a battle fought the 14th of February, on 
Kettle Creek, in Wilkes county, Georgia. 
Colonel Boyd received a mortal wound 
in the action. 

After the fighting was over, Colonel 
Sickens went to him, and tendered him 
;my service which his situation autho- 
rized or required. Boyd thanked him 
for the generous kindness, and inquired 
as to the result of the battle. Upon 
being informed that it was against him, 
he said it would have been otherwise if 



he had not fallen. He then requested 
Colonel Pickens, as he had but a feu- 
hours to live, to leave two men with him 
to furnish him water, and to bury his 
body; also, to write to his wife in 
England apprising her of his fate ; and 
with the letter to send her a few articles 
he had about his person. He died very 
soon afterwards. Colonel Pickens, with 
chivalry characteristic of the soldier and 
gentleman, complied faithfully with his 
request. Seventy of Boyd's regiment 
were taken prisoners, quite a number 
were left dead on the field,. 
while the remainder of his com- 
mand was utterly routed. Pick- 
ens and Clarke also encoun- 
tered and defeated several othei 
squads of the enemy, on both 
sides of the river. Clarke was 
the great Georgia partisan 
leader. 

General Lincoln, being en- 
couraged by these successes, 
sent General Ashe to take po- 
sition at the mouth of Brier 
creek, which empties into the 
Savannah river, on the Georgia 
side, some distance above the 
H& city of Savannah. His force 
*^ " was about two thousand strong. 

On the 3d of March he was 
surprised by General Prevost, and de- 
feated, with the loss of nearly the whole 
of his army. 

By this defeat of General Ashe, the 
subjugation of Georgia, below Augusta, 
was made complete for the time being. 
The United States loss by this affair 
was very heavy ; but, by the middle of 
April, General Lincoln was again able to 
take the field at the head of five thousand 
men. With these troops he began his 
march up the Savannah river, intending 
to enter Georgia at Augusta. But the 



WAR OF THE REVOLUTION. 



2 49 < 



march of Prevost upon the city of 
Charleston, before which he appeared on 
the nth of May, compelled Lincoln to 
abandon this enterprise and hasten back 
to oppose the British general. On 
Lincoln's approach Prevost raised the 
siege and retired. 

On the 20th of June, the Carolinians 
attacked a British force at Stono Ferry, 
ten miles west of Charleston, but were 
defeated, with considerable loss. 
Shortly afterwards the British established 
a post at Beaufort, in 
South Carolina, the main 
body returning to Savan- 
nah. The weather now 
being very hot, and the 
season unhealthy, active 
operations were suspended 
by both armies until Octo- 
ber. During this year the 
British forces at the north 
were chiefly employed in 
marauding expeditions. In 
February, Governor Tryon, 
commanding a body of 
about fifteen hundred men, 
destroyed the salt works at 
Horse Neck, in Connecti- 
cut, and plundered the 
town. It was at this place 
that General Putnam made 
his marvellous and heroic escape 
from the enemy by riding down a steep 
precipice, over which they dared not 
follow. 

In May the enemy made an expedi- 
tion into Virginia, in which they de- 
stroyed public and private property to a 
vast amount in Norfolk, Portsmouth, and 
all the neighboring country. General 
Clinton himself conducted an expedition 
up the Hudson from the city of New 
York. On the 31st of May he captured 
Stony Point; on June 1st, Verplanck's 



Point; and made the garrison prisoners 
of war. He then left garrisons of British 
troops in both forts. In July Governor 
Tryon burnt East Haven, Fairfield, and 
Norwalk, plundered New Haven, and' 
desolated the coasts of Connecticut gen- 
erally. 

But all this time the United States 
forces at the north were not entirely idle 
or inactive. About the middle of July 
was performed one of the most brilliant 
achievements of the whole war. It was 




CKNKRAL ISRAKI. PUTNAM. 



the recapture, by General Anthony 
Wayne, of Stony Point, on the Hudson. 

On the evening of the 15th he arrived 
with his command, near the fort, without 
having been perceived by the enemy. 
At midnight on the night of the 15th, 
with unloaded muskets and fixed bay- 
onets, they rushed up the height on 
which the fort was situated, scaled the 
walls, and in a few minutes were masters 
of the place. 

The British loss was about six hun- 
dred killed, wounded, and prisoners;. 



2 5 u 



HISTORY Of THE UNITED STATES IN FEDERAL UNION. Bo,kII..c.2 



the loss of Wayne did not exceed one returning from the West Indies, appeared 
hundred. He deemed it best, however, near Savannah with his fleet. Soon 
not to try to hold the fort, and there- afterwards, General Lincoln, in concert 
fore retired after destroying it. with the French, laid siege to Savannah. 

On the 19th of July Major Henry Lee After continuing the siege a month, they 
surprised a British garrison at Paulus made an assault upon the enemy's works, 
Hook. Thirty were killed and one hun- but were repulsed with great slaughter, 
dred and sixty were made prisoners. In losing nearly a thousand men, killed and 
August General Sullivan, with near five wounded. Count Pulaski, the noble Pole, 
thousand men, was sent against the In- was mortally wounded. This distin- 
dians in Pennsylvania and New York, guished patriot, after the battle of the 
He proceeded up the Susquehanna river, Brandywine (see ante, p. 241), acted an 
and on the 29th of August found a force' important part in the battle of Ger- 

mantown as Brigadier-General. 
Subsequently resigning that po- 
sition, he formed at Valley- 
Forge an independent corps 
of light-horse and infantry, 
called " Pulaski's Legion," offi- 
cered chiefly by foreigners en- 
listed in the cause of the 
United States. In February, 
1779, he moved southward, and 
reached Charleston in May ; 
then proceeded to Savannah to 
co-operate with Count D'Es- 
taing in the siege of that city. 
Here he was given the com- 
mand of the French and Amer- 
ican cavalry. After being mor- 
tally wounded in the charge 
of the 9th of October, he was 
carried on board the United 




GENERAL ANTHONY WAYNE. 



•of Indians and Tories strongly posted at States brig Wasp, where, it is reported, 

Elmira. Here a battle was fought, in he died on the nth, two days aftcr- 

which the Indians were so completely wards, and was buried in the sea.* A 

defeated that they gave up all thoughts monument to his memory was erected 

of further war. General Sullivan laid by the citizens of Savannah, the corner- 



waste the Indian country to the Genesee 
river, which empties into Lake Ontario, 
- ven miles from Rochester, New York. 
i his was a terrible blow to the Iroquois, 
from which they never recovered. 

Let us now return to the south. On 
the 9th of September, Count D'Estaing, 



stone of which was laid by Lafayette in 



: 3- 



The brave Sergeant Jasper, the hero 
of Fort Moultrie, was also mortally 
wounded in the intrepid assault upon 



1 :hades C. Jones, Jr., on Siege of Savauaaii, 



•779- 






WAR OF TUK REVOLUTION. 



Spring Hill redoubt. He received his 
death-wound while fastening to the 
parapet the battle-rent standard which 
had been presented to his regiment by 
Mrs. Elliot. Never relaxing his grasp, 
he bore the colors to a place of safety 
before death palsied as heroic an arm as 
ever fought beneath a plume. His last 
words were: "Tell Mrs. Elliot I lost my 



251 

the siege was raised ; the French re- 
turned home ; Lincoln, withdrawing into 
South Carolina, moved his army to 
Charleston. 

On the 23d of September of this year 

j occurred near the coast of Scotland a 

! very severe and bloody naval combat 

between some United States vessels com- 

i manded by Paul Jones, and two English 




JOHN PAUL JONES. 



life supporting the colors she presented 
to our regiment."* 

General Lincoln wished to renew the 
attack; but the refusal of Count D'Es- 
taing to co-operate compelled him to 
abandon the purpose. The next day 

*For fuller particulars, sec Siege of Savannah, by 
Charles C. Jones, Jr. 



ships of war that were conducting a fleet 
of merchantmen. At half-past seven 
o'clock p. m., the battle began by the at- 
tack of Jones's ship, the Bon Homme 
Richard, carrying forty guns, upon the 
Scrapis, a British frigate of forty-four 
guns, commanded by Captain Pearson. 
Jones moved his ship close to the side 



252 



HISTORY UT THE UM JED STATES J A FEDERAL UAJON. Book II. c S 



of the British vessel, and fastened them 
together. In this position they fought 
for two hours, neither having any thought 
of surrender. 

Both vessels took fire, and when Jones' 
ship was almost at the point of sinking, 
the American frigate Alliance came up, 
and by mistake in the dark, discharged 
a broadside into the Richard. The mis- 
take being discovered directly, she fell 
with great fury upon the Serapis, which 
soon surrendered. Jones immediately 
took possession of the English vessel, 
and had scarcely time to do so before 
his own sank. 

The other English frigate was also 
captured. Out of three hundred and 
seventy- five men on board the Bon 
Homme Richard, three hundred' were 
cither killed or wounded. Such terrible 
loss shows the desperate nature of the 
conflict — without parallel, perhaps, in 
the history of naval engagements. 

With these events the military opera- 
tions of the year 1779 closed. The 
hopes of the people founded upon the 
alliance with France had not been real- 
ized. The schemes of co-operation had 

in crreat measure failed, and general de- 
fa ' o 

spondency prevailed. Exultation had 
almost given place to despair, and uni- 
versal gloom, like a pall, seemed to settle 
over the country. 

The winter was the severest ever ex- 
perienced on the continent. All the 
Atlantic harbors were frozen over as far 
south as Virginia. Long Island Sound 
was congealed to a solid highway. The 
snow was four feet deep for three months. 
The army was badly clothed and suffered 
immensely. Its numbers were also ex- 
tremely reduced. There was no money 
in the treasury, and the credit of the 
country was so low that it was impossible 
to borrow. But Great Britain seemed to 



be stronger than ever. Though Spain had 
declared war against her, yet her re- 
sources seemed equal to the emergency, 
and she determined on still greater 
efforts for the conquest of the Colonies. 
For the year 1780, Parliament deter- 
mined to enlist eighty-five thousand 
seamen and thirty-five thousand land 
troops, in addition to those already in 
service. They voted also a sum amount- 
ing to one hundred million of dollars 
for the same year. 

CHAPTER III. 

WAR OF THE REVOLUTION Continual. 

(17S0.) 

The fall of Charleston — General Lincoln and the 
whole Southern army prisoners of war — 19th and 
20th of May " the dark days" — Colonel Daven- 
port in the Connecticut legislature — Battle of Cam- 
den — Defeat of Gates — The death of Baron De 
Kail) — Sumter, Marion, and Pickens, of South 
Carolina, and Clarke, of Georgia — Battle of Fish- 
ing Creek — Cornwallis at Charlotte, North Caro- 
lina — Battle of King's Mountain — Defeat of the 
British — Sumter's victory at Fish-Dam Ferry — 
Known as " Game-Cock " — Francis Marion, the 
" Swamp- Fox " — French fleet at Newport, Rhode 
Island, by Count De Rochambeau — Treason of 
Benedict Arnold — Major Andre detected anil exe- 
cuted as a spy — War declared by England against 
Holland — Large preparations made by England 
for operations by sea and land for 17S1. 

((q S soon as Sir Henry Clinton heard 
that Count D'Estaing had left 
the American coast, he deter- 
mined on the conquest of South 
Carolina; and, with this object, 
sailed from New York with a large land 
and naval force, under convoy of Ad- 
miral Arbuthnot. He landed at John's 
island, thirty miles below Charleston, on 
the nth day of February, 1780. At 
that time the State was badly provided 
for defence ; there was little or no money ; 
the Indians and Tories on the borders 




WAR OF THE REVOLUTION. 



253 



and in the interior excited continuous 
.alarm and commotion ; Lincoln's army 
was a mere handful. 

When Clinton landed, Lincoln's first 
impulse was to abandon the city and 
retire into the interior, but learning- that 
the British general was preparing for a 
regular siege, and being urged by the 
inhabitants to remain, he determined to 
risk a siege, relying upon the arrival of 
reinforcements, which had been promised 
him. The reinforcements never arrived, 
and at a time when his army ought to 
have numbered ten thousand men, it did 
not exceed the third of that number. 
Clinton invested the city on the 29th of 
March, and on the 9th of April the fleet, 
under Admiral Arbuthnot, favored by a 
strong wind, passed Fort Moultrie, with 
little damage, and anchored in Charles- 
ton harbor, within cannon-shot of the 
•city. 

The siege lasted about eight weeks. 
In that time the city was completely sur- 
rounded, without hope of succor, either 
by land or sea. A corps which had as- 
sembled at Monk's Corner, under com- 
mand of General Huger, for the relief of 
the city, had been surprised, defeated and 
dispersed by a detachment of fourteen 
hundred men, under Webster, Tarleton, 
and Ferguson ; so that there now being 
no hope of relief, Fort Moultrie was sur- 
rendered on the 6th of May, and Charles- 
ton on the 1 2th. General Lincoln and 
the whole army under his command at 
this place became prisoners of war. To 
.add to the gloom which this disaster 
cast upon the country, there occurred a 
few days afterwards a most remarkable 
natural phenomenon, which filled the 
minds of the timid and superstitious with 
great apprehension and alarm. 

It was what was long known as the 
-dark days. About ten o'clock- on the 



19th of May, the heavens became dark- 
ened by a dense vapor or smoke, of a 
yellow color. It was so dark that lights 
had to be kindled in the houses for all 
business purposes, and domestic fowls in 
farm-yards went to roost. The Legisla- 
ture of Connecticut was in session at the 
time, and the House adjourned in con- 
sequence of the darkness. It was the 
opinion of some that the day of judg- 
ment was at hand. A motion was also 
made in the council to adjourn. Colonel 
Davenport, a bold leader of the patriot 
cause, opposed it, saying: "The day of 
judgment is either approaching, or it is 
not. If it is not, there is no cause for 
an adjournment; if it is, I desire to be 
found doing my duty. I move, there- 
fore, that candles may be brought, and 
we go on with the business." 

This strange and extraordinary phe- 
nomenon continued all the next day; 
but the unusual vapor, or whatever it 
was, passed off on the night of the 20th , 
the firmament, after that, was as bright 
as ever. Hope again revived in the 
breasts of the desponding. 

After the fall of Charleston, Clinton, 
to extend his conquests, sent out three 
detachments into the interior; one, urtder 
Lord Cornwallis, toward Camden; one, 
under Colonel Cruger, toward Ninety- 
Six, and one, under Colonel Brown, to 
Augusta, Georgia. 

This was the famous Thomas Brown, 
who as an uncompromising royalist 
had been driven with great indignity 
from Augusta some years before. On 
this assigned duty he succeeded in taking 
possession of this place without much 
resistance. Soon after, General Elijah 
Clarke, with a considerable militia force, 
attempted to dislodge him by a regular 
siege, but having no artillery was com- 
pelled to abandon the enterprise. Next 



2 D 4 



HISTORY Oh THE UNITED STATES IN FEDERAL UNION Book II ca 



year, however, with the combined forces I 
of Colonel Lee of Virginia, and Pickens 
of South Carolina, and the Georgia 
militia under Clarke, the siege was re- 
newed. This Colonel Lee was known 
as "Light-Horse Harry" in the war of 
the revolution. Of his distinguished, 



amount of munitions of war. The latter 
were of great advantage to the patriots. 
So odious had Brown become among 
the advocates of the patriot cause for 
his reported extreme harshness and 
cruelty, that Colonel Lee, the senior in 
command, to secure his safety, put him 




LORD rORNWAl.I IS. 



son, Robert E. Lee, much will be said 
hereafter. Several desperate battles were 
fought. Great military skill was dis- 
played on both sides; but on the 5th of 
June, Brown was compelled to surrender. 



under a special guard to Savannah, where 
he was sent. It was apprehended that 
he w.ould be slain on the way by young 
Mackay, whose brother, it was said, 
Brov/n had most unjustly and cruelly 



The garrison consisted of upwards of j executed, or others who had similar 
three hundred men, besides a large i causes of personal ill-will to him. It 



WAR OF THE REVOLUTION. 



25S 



seems from the history of the times that 
no man was ever more odious to any 
people than Brown was to the Georgians 
and Carolinians. It is but just to his 
memory, however, to say that after the 
war, he made a publication in reply to 
the charges set forth in Dr. Ramsay's 
history which does much to relieve him 
from the atrocities attributed to him by 
his adversaries during what was literally 
a most desperate civil war at the time 
between Whigs and Tories. 

But to return: a truce was also pro- 
claimed by Cornwallis and Cruger in 
South Carolina, and a pardon offered to 
all who would take British protection. 
Great numbers accepted the terms, and 
the country appeared so quiet that Clin- 
ton, thinking the subjugation complete, 
sailed for New York, leaving Cornwallis 
in command. At this time they might 
have accomplished their object, if those 
in authority had adopted a more con- 
ciliatory policy. 

Instead of conciliating, the British 
general pursued the opposite course; 
and the Whigs, who, in despair, had 
yielded for a moment, were soon roused 
to resistance by the cruel exactions of the 
British. They flocked to the standard 
of Sumter, Marion, Pickens, of South 
Carolina, and Clarke, of Georgia, who 
began a partisan warfare, which finally 
resulted, as we shall see, in the expul- 
sion of the invaders from the State. At 
this time, also, another event occurred 
which for a while revived the hopes of the 
people. This was the appointment of 
General Gates to the command of the 
Southern army. While Sumter on the 
Catawba; Marion, in the swamps of the 
Peedee; Pickens, on the Saluda, and 
Clarke, on the Savannah, were keeping 
the Tories in check, Gates was approach- 
ing with a strong army from the North. 



The most brilliant hopes are often 
most suddenly blasted; so they were 
now. Gates, blinded by his great suc- 
cess at Saratoga, disregarding the warn- 
ings and suggestions of his officers,, 
pushed rapidly on, confident of victory. 
On his approach, the British General, 
Lord Rawdon, concentrated his strength 
at Camden, where he was joined, August 
13th, by Lord Cornwallis, from Charles- 
ton. On the night of the 15th, Gates 
set out from his camp at Clermont, about 
ten miles north of Camden, with the 
purpose of surprising the enemy's camp. 




LIEUTENANT-COLONEL HENRY LEE. 

Cornwallis and Rawdon left Camden 
about the same hour, intending to sur- 
prise Gates. The vanguards of the two 
armies soon met, when some skirmishing 
took place. 

On the morning of August 16th there 
was a general engagement. Gates was 
defeated with heavy loss. At the first 
onset the Virginia and Carolina militia 
began to waver, when the British 
charged with fixed bayonets and put 
them to flight. The regulars stood their 
ground bravely; in fact, soldiers never 
behaved better ; but, being abandoned 



2>G 



J//STOKY OE THE UNITED STATES IN FEDERAL UNION. BooKlI.,c,a 



by the militia, they were at length over- 
powered, and driven from the field. 
Gates, with the remnant of his army, 
retired to Hillsboro, North Carolina. 
His loss in this battle was about one 
thousand, killed, wounded, and pris- 
oners; besides all his artillery, ammuni- 
tion, and supplies. Among the slain 
was the brave Baron De Kalb.* The 
British loss was only a little over three 
.hundred. 



men on the Peedee. Lord Cornwallis, in 
order to secure the submission of the 
inhabitants, thought it necessary to 
ad< »pt severe measures. He gave orders 
to hang every militia-man who, once 
having served with the British, had after- 
wards joined the cause of the States. 
Those who had once submitted and then 
revolted were imprisoned, and their 
property either taken from them or de- 
stroyed. But these severe measures 



Soon after Gates' defeat, Sumter vvas| failed to accomplish the intended object. 

They rather increased and 
intensified in the breasts of 
the people a spirit of resist- 
ance which only wanted op- 
portunity to burst forth. 

After the battle of Cam- 
den, Cornwallis proceeded 
to Charlotte, North Caro- 
lina. He sent Tarleton to 
operate east of the Catawba 
river, and Major Ferguson 
to embody the Tories among 
the mountains of North and 
South Carolina. Ferguson 
crossed Broad river, at the 
Cherokee ford, on the 1st 
of October. A considerable 
number of Tories joined 
him, and with a body of 
about fifteen hundred men 
he encamped on King's 
general francis marion. mountain. The atrocities he 

surprised at Fishing Creek, by Colonel ! committed soon roused the Whigs to ac- 




Tarleton, August 1 8th, and defeated with 
considerable loss. For a time immedi- 
ately succeeding these disastrous events, 
there wyre very few Whigs in arms in 
South Carolina, except Marion and his 

*This eminent patriot and officer (Baron John 
De Kalb) was born in Bavaria, (Germany, 29th June, 
1721 ; and afier having served with distinction in the 
French army, came to the United States with La- 
fayette in 1777, ami was soon afterwards appointed 
major-general in the United States army by Con- 
gress. He served with great anility under General 



tion; and on the 7th of October, under 
the leadership of Colonels Campbell, 
Cleveland, Shelby, Sevier, and Williams, 
they attacked him with great fury. The 
Whig forces consisted chiefly of Caro- 
lina and Georgia militia. 

Washington until the spring of 1780, when he was sent 
south in the command under General Gates. His 
loss was greatly lamented throughout the country; 
his memory has been honored by his name being 
given to many counties and places in the United 
States. 



WAR OF THE REVOLUTION. 



257 



The defence was very obstinate; but 
after a desperate engagement Ferguson 
himself was slain, and his army, after a 
loss of three hundred killed and 
wounded, was entirely routed. Eight 
hundred prisoners were taken, and about 
fifteen hundred stand of arms. The 
Carolinians and Georgians lost about 
twenty killed. After the battle, ten of 
the Tories, who had been notorious for 
their cruelty to the Whigs, were hung. 

Sumter did not remain idle after his 
defeat at Fishing Creek. He soon col- 
lected a band of volunteers, with whom 
he continued to harass the enemy. His 
activity and energy were so great that 
he well deserved the title of " Game- 
Cock," which was given to him. On the 
: 2th of November he was attacked at 
the Fishdam Ferry, on Broad river, by 
a detachment of the enemy, commanded 
by Major Wemys. The British were 
defeated, and Major Wemys was taken 
Drisoner. On the 20th he was again 
attacked at Blackstocks, in Chester dis- 
trict, South Carolina, by Colonel Tarle- 
ton, the most active, energetic, and dan- 
gerous of all the British partisan officers 
of the time. Again Sumter's star was 
in the ascendant. Tarleton was obliged 
to retreat severely worsted, leaving Sum- 
ter in possession of the field. 

Early in December afterwards, an en- 
gagement took place between the Whigs 
and Tories on Long Cane near Ninety-Six, 
which resulted disastrously to the patriot 
cause, and which was of sufficient im- 
portance to be noticed. Colonel Ben- 
jamin Few, of Georgia, was the senior 
officer in command of the Whigs — com- 
posed of Georgia and South Carolina 
militia. Colonel Cruger, the British 
officer in command at Ninety-Six, with a 
greatly superior force, determined to 
attack Few in his camp by surprise. His 
17 



forces were within three miles of Few's 
camp before the latter was aware of then- 
approach. Colonel Clarke, Lieutenant 
Colonel McCall, and Major John Lind- 
say, with one hundred men, were ordered 
out to meet and skirmish with the 
enemy until the main body of Few's 
forces could be brought to their assist- 
ance. In this skirmish, Clarke received 
a wound in the shoulder which was 
thought to be mortal, and was carried 
from the field. McCall was wounded in 
the arm, and his horse being killed 
under him, .narrowly made his escape. 
Major Lindsay lost his sword-hand by a 
sabre cut j.»;st at the wrist-joint. The 
advance or skirmishing party were 
routed, with fourteen killed and seven, 
chiefly officers, wounded. Colonel Few. 
then acting as brigadier-general, re- 
treated with the balance of his force:, 
without further loss.* 

General Francis Marion, who gained 
the title of "Swamp Fox," distinguished 
himself greatly in the partisan warfare 
of this period. He did much service by 
keeping the Tories in check, and by 
cutting off straggling parties of the 
enemy. On many occasions he came 
upon them in their encampments sud- 
denly, and routed their assembling re- 
cruits in terror and dismay. He bore 
with unflinching fortitude and hope the 
reverses of the darkest period of the war. 
and infused into his brigade a spiri, 



*See McCall's History of Ga., 350. This wai 
Colonel Elijah Clarke, so famous afterwards in Geor 
gia. Major Lindsay became more noted afterwards 
as Colonel of the Georgia militia. In this position 
he rendered most efficient aid to the patriot cause. 
He had a silver plate put over the end of his wrist, 
and from that time was known as "Silver Fist." He 
was of Scotch-Irish descent; and left sons and 
daughters from whom numerous descendants of great 
respectability are scattered over the States of Georgia, 
South Carolina, Alabama, Tennessee and Texas. 




f2 5 8) 



WAR OF THE REVOLUTION. 



2 59 



which was willing to bear all things and 
to suffer all, but never to surrender. 

We must now take a brief glance at 
some events that occurred at the North 
during this year. On the 7th of June 
five thousand men, under General Kny- 
phausen, invaded New Jersey, and plun- 
dered the country, but withdrew on the 
advance of United States forces from 
Morristown. On the 10th of July a 



At this dark and gloomy period there 
was found one man, Benedict Arnold, a 
major-general in the United States army, 
weak enough and base enough to offer 
to betray his country. He had been 
distinguished for his bravery and good 
conduct, and had been appointed by 
Congress commandant at Philadelphia, 
on the evacuation of that post by the 
British. He became haughty and arro- 




BENEDICT ARNOLD. 



French fleet arrived at Newport, Rhode 
Island, having on board five thousand 
men, commanded by Count Rocham- 
beau ; but so greatly reduced were the 
resources of Washington, that he had 
neither men nor supplies sufficient to 
enable him to co-operate with the French. 
For this reason active operations were 
mostly suspended for the remainder of 
the season. 



gant, lived very extravagantly, and hav- 
ing squandered his own fortune by 
gambling, he appropriated the public 
funds to his private use. For this mis- 
conduct he was tried by court-martial, 
and having been convicted, was repri- 
manded by Washington. Dissembling 
his feelings of revenge, he afterwards 
obtained command of the important for- 
tress of West Point, which he then pi j 



2(5o 



HISTORY OF THE UNITED STATES IN FEDERAL UNION. Book II. c. a 



vately engaged to deliver into the hands 
of the enemy for ten thousand pounds 
sterling and a commission of brigadier- 
general in the British army. 

Sir Henry Clinton agreed to his prop- 
osition, and sent Major Andre, a young 
officer of great merit, to see him. On 
his return to the British camp, Major 
Andre was stopped, September 23d, by J 
three New York militia-men — John , 



could not be suppressed from the obser- 
vations of the company. He ordered a 
horse to be in immediate readiness for 
him. He had a few words of conference 
with Mrs. Arnold in her private chamber- 
She swooned with the announcement he 
made to her. Arnold called the lieu- 
tenant who had brought him the letter 
from Andre and requested him to look- 
after the condition of his wife, while he 




MAJOR ANDRE. 



Paulding, David Williams, and Isaac 
Van Wert. They searched him, and 
found in his boots papers containing 
evidences of the treason. They carried 
him to Colonel Jameson, their command- 
ing officer, who incautiously permitted 
him to write to the traitor at West Point. 
Arnold was sitting at breakfast when 
a lieutenant from Jameson handed him 
the letter from Andre. His emotions 



mounted the lieutenant's horse which 
was still standing at the door, and gal- 
loped with all possible speed to the 
banks of the river. There he took his 
barge and immediately went on board 
the Vulture, a British ship-of-war, then 
lying in the river, and so made his escape. 
He afterwards received the reward 
promised him, the gold and the commis- 
sion of brigadier-general in the British 



WAR OF THE REVOLUTION. 



26l 



army, in which capacity he fought 
against his countrymen. But he lived 
contemned and despised by his new 
friends as much as he did hated by his 
old ones. He died in England in the 
vear 1801; obscure, unnoticed, unloved, 
unhonored. Major Andre was tried by 
court-martial, by order of Washington. 
He denied none of the charges alleged 
against him; but upon his own confes- 
sion, he was adjudged to be a spy, and 
condemned to be hung. He died re- 
gretted by both friends and foes. 

On the 20th of December of this year 
England declared war against Holland. 
The Hollanders had been giving encour- 
agement and protection to the United 
States privateers, and had also actually 
begun to negotiate a treaty with Con- 
gress; when England, making the dis- 
covery, at once declared war. Jt would 
seem that by this time Great Britain 
might be considered as having her hands 
full. It was certainly no child's play to 
carry on war at once with the United 
States, France, Spain, and Holland. But 
as yet Great Britain showed no sign or 
indication of having any disposition to 
yield. On the contrary, Lord North, 
the head of the Tory ministry, asked for 
and obtained large amounts of money 
for the coming year, and also great 
armaments to operate both by land and 
sea. 

CHAPTER IV. 

WAR OF THE REVOLUTION, CONTINUED AND 
CONCLUDED. THE INDEPENDENCE OF 
THE THIRTEEN STATES SEVERALLY AC- 
KNOWLEDGED. 

(1781-1783.) 

Sufferings of Washington's army — Meeting of the 
Pennsylvania line — Their patriotic course — Relief 
provided by Congress — Patriotism of Robert Mor- 
rls — Arnold, the traitor, in Virginia — General 
Phillips on the Chesapeake — General Greene in 
command of the southern army — Adroit move- 




ments of Greene — Battle of Cowpens — Victory of 
the patriots — Anecdote of Tarleton and Mrs 
Willie Jones — Movements of Corn wallis — Greene's 
safe retreat— Battle of Guilford, without decided 
results — Movements of Lord Rawdon in South 
Carolina — Capture of Fort Watson by the partisan 
chieftains — Battle of Eutaw Springs — Up-country 
of South Carolina abandoned by the British — Great 
outrage of Lord Rawdon in the execution of Hayne 
— Movements of Lord Cornwallis — Marquis de La- 
fayette — Cornwallis at Yorktown — Washington's 
quick movements from the north — Cornwallis be- 
sieged at Yorktown — Co-operation of French fleet 
— Surrender of Cornwallis, 19th October — War 
virtually at an end — The effect in England and 
United States — Lord North compelled to retire 
from the lead of the British ministry — Negotia- 
tions for peace at Paris entered into — ProviMonal 
treaty, 1782 — Final treaty, 3d September, 1783 — 
Remarks on the provisional treaty — John Adams, 
first minister — Oglethorpe the first nobleman to call 
on him. 

HE distresses of Washington's 
army had become so great that 
on the 1st of January, 1781, the 
whole Pennsylvania line of 
troops, numbering thirteen hun- 
dred, left their camp at Morristown, de- 
termined to seek directly from Congress 
a redress of grievances. They were met 
at Princeton, New Jersey, by emissaries 
from Sir Henry Clinton, who tried to in- 
duce them to enter the British service. 
They seized the emissaries and delivered 
them to General Wayne to be treated as 
spies. A committee from Congress and 
one also from the Pennsylvania authori- 
ties met them at Trenton, and induced 
them to return to the service after a short 
furlough. They were offered a reward 
for seizing the British agents, but refused 
it, saying that they desired no reward 
for doing their duty. 

The Congress consummated as 
promptly as possible the measures of 
relief in which they had been engaged 
for some time. Taxes were levied, and 
money and clothing obtained from 
Europe. Robert Morris, who was 



262 



HISTORY OF THE UNITED STATES IN FEDERAL UNION. 



B i k II. c. 4 



placed at the head of the treasury de- 
partment of the government, freely used 
his own money and credit to furnish 
supplies. Being very wealthy, he was 
able to do a great deal. 

In January of this year, the traitor 
Arnold, now a brigadier in the British 
army, invaded Virginia, and did an im- 
mense deal of mischief along the coasts 
He destroyed a large amount of property, 




GENERAL NATHANIEL GREENE. 

both public and private, in the neighbor- 
hood of Richmond, and finally made his 
headquarters at Portsmouth, which he 
fortified. While he was at his head- 
quarters, Washington laid a plan to 
capture him. Lafayette, with a consid- 
erable force, was sent into Virginia, while 
the French fleet was to co-operate with 
him. But the British fleet attacked that 
of the French, and compelled it to return 
to Rhode Island. So the plan failed, 
and Arnold escaped. 

On the 25th of March the British 



General Phillips arrived in the Chesa- 
peake with two thousand men. He 
joined Arnold, took command of their 
united forces, and, having but little op- 
position, laid waste the country exten- 
sively. 

After the battle of Camden, in which 
Gates was so badly defeated, Congress 
appointed General Greene commander 
of the southern army in his place. Greene 
took command at Char- 
lotte, North Carolina, De- 
cember 3d, 1780, and al- 
though his army was only 
about two thousand strong, 
yet he despatched General 
Morgan with one division 
to the relief of the district 
about Ninety-Six, which 
was then held by the 
British, and overrun by the 
Tories. He himself took 
post at Chcraw, South 
Carolina. This placed 
Cornwallis, who had re- 
turned to South Carolina 
after Ferguson's defeat at 
King's Mountain, between 
the two divisions of 
Greene's army. 

As he was about to 
march into North Caro- 
lina, and not being willing to leave 
Morgan in his rear, he sent Tarleton 
against him, with instructions to push 
him. Morgan retreated to the Cowpens, 
in Spartanburg District, where a battle 
ensued between him and Tarleton, in 
which the latter was defeated, with the 
loss of three hundred killed and wounded, 
five hundred prisoners, and a large quan- 
tity of ammunition and stores. Tarleton 
himself narrowly escaped being captured 
by Colonel William Washington, who 
pursued him very closely, and wounded 



WAR OF 7 HE REVOLUTION. 



263 



him slightly in the hand with his sword. 
Colonel Washington might? have shot 
him, but he did not want to kill him ; his 
object was to take him prisoner. 

An amusing story is told of Tarleton, 
in this connection. Some time after the 
battle, he remarked to a witty Carolina 
lady, Mrs. Willie Jones, " I have been 
told that Colonel Washington is very 
:jlliterate, and can scarcely write his 
name." "Ah, Colonel," replied the lady, 
" at least he can make Ids mark!' Tarleton 
said he would like very much to see 
Colonel Washington. A sister 
of Mrs. Jones instantly replied, 
"Had you looked behind you at 
the battle of Cowpens, Colonel, 
you might have had that pleas- 
ure!" Tarleton bit his lip and 
said no more about Colonel Wash- 
ington in that company. 

After Tarleton's defeat, Lord 
Cornwallis hastened to meet Gen- 
eral Morgan, hoping to intercept 
and defeat him before he could 
cross the Catawba. In this 
he failed. Morgan crossed in 
safety, but only two hours later 
Cornwallis appeared on the 
opposite bank. It was then 
near night, and Cornwallis en- 
camped, having no doubt of being N >v - 
able to overtake Morgan in the 
morning. Heavy rains in the night raised 
the river so that it was impossible to cross 
for two days, during which time Morgan 
continued his retreat in safety. On the 
31st of January, General Greene, having 
left the main body of his army on the 
Peedee, arrived and took command of 
Morgan's division. He continued the 
retreat, still followed by Cornwallis. 

Greene reached and crossed the Yadkin 
river, but so closely pursued by the 
British that his forces were attacked in 



the rear, and compelled to abandon part 
of their baggage. Cornwallis again 
encamped with only a river between him 
and the retreating army ; and again a 
sudden rise in the river prevented his 
crossing. General Greene proceeded to 
Guilford Court-House, where he was 
joined by the main body of his army the 
7th of February. He still felt too weak 
to face Cornwallis, and continued his 
retreat towards Virginia, closely pursued. 
On the 15th of February he had just 
succeeded in crossing the river Dan, in 




GENERAL DANIEL MORGAN. 

Virginia, when Cornwallis appeared on 
the opposite bank. At this point his 
lordship gave up the pursuit, and, turn- 
ing to the south, established himself at 
Hillsboro, North Carolina. 

General Greene, having received rein 
forcements, so that his army nov.- 
amounted to nearly five thousand men, 
and feeling himself strong enough 
to oppose Lord Cornwallis, marched 
back into North Carolina, and sought 
an engagement. The armies met near 



264 



HISTORY OF THE UNITED STATES IX FEDERAL UNION. BookII..c.< 



Guilford Court-Housc on the 25 th 
of March. A battle ensued, and after 
a severe contest, General Greene was 
obliged to fall back several miles. Corn- 
wallis kept possession of the field of 
battle, and that was all. He derived no 
further benefit from the victory. Greene's 
loss in killed and wounded was about 
four hundred. The loss of the British 
v/as fully equal, and perhaps greater. 

Mr. Benton, in his " Thirty Years' 
View," in a sketch of Mr. Macon, makes 
the following very appropriate allusion to 
the battle of Guilford, and its results : 

"The philosophy of history has not 
yet laid hold of the battle of Guilford, 
its consequences and effects. That battle 
made the capture at Yorktown. The 




U \ 1 CLE OF THE COWPENS. 



events are told in every history; their 
connection and dependence in none. It 
broke up the plan of Cornwallis in the 
South, and changed the plan of Wash- 
ington in the North. Cornwallis was to 
subdue the Southern States, and was 
doing it until Greene turned upon him at 
Guilford. Washington was occupied 
with Sir Henry Clinton, then in New 
York, with 12,000 British troops. lie 
had formed the heroic design to capture 
Clinton and his army (the French fleet 
co-operating) in that city, and thereby 
-utting an end to the war. All his 
preparations were going on for that 
grand consummation when he got the 



news of the battle of Guilford, the 
retreat of Cornwallis to Wilmington, his 
inability to keep the field in the South, 
and his return northward through the 
lower part of Virginia. He saw his 
advantage — an easierprey — and the same 
result, if successful. Cornwallis or 
Clinton, either of them captured, would 
put an end to the war. Washington 
changed his plan, deceived Clinton,, 
moved rapidly upon the weaker general, 
captured him and his 7,000 men, and 
ended the revolutionary war. The 
battle of Guilford put that capture into 
Washington's hands, and thus Guilford 
and Yorktown became connected ; and 
the philosophy of history shows their 
dependence, and that the lesser event 
was father to the greater. The 
State of North Carolina gave 
General Greene 25,000 acres 
of western land for that day's 
work, now worth a million of 
dollars; but the day itself has 
not yet obtained its proper 
place in American history." 

A frw days after this battle 
Cornwallis moved to Wilming- 
ton, North Carolina, pursued 
as far as Deep river by Greene, who 
then discontinued the pursuit and 
marched into South Carolina. After 
entering South Carolina he changed his 
position several times, but finally en- 
camped on Hobkirk's Hill, near Raw- 
don's post at Camden. Lord Rawdon 
attacked him on the 25th of April. 
Victory, for some time, inclined to the 
side of Greene ; at last, however, a 
vigorous charge of the enemy decided 
the contest, and Greene was forced to 
retreat. The loss on both sides was 
nearly equal. 

On the 10th of May Lord Rawdon 
left Camden, and retired beyond the 



WAR OF THE REVOLUTION. 



26: 



Santee. Hearing that Fort Watson had 
been captured by the Carolina partisan 
chieftains, and that Forts Mott, Granby 
and Orangeburg would probably soon 
fall, he retreated to Eutaw Springs. By 
the 5th of June, the British held in the 
Carolinas but the three posts of Ninety- 
Six, Eutaw Springs and Charleston. 
After Lord Rawdon retreated from 
Camden, General Greene proceeded to 
Ninety-Six by way of Granby. Ninety- 
Six was a place of great natural strength, 
and was also strongly fortified. General 
Greene besieged it for about four weeks, 
when learning that Rawdon was ap- 
proaching with reinforcements, an assault 
was determined upon. On the 1 8th of 
June the assault was made, but the 
assailants were beaten off with heavy 
loss, and were compelled to raise the 
siege and retire. 

Rawdon pursued for a while, but find- 
ing pursuit vain, he desisted from further 
efforts to overtake Greene and took 
position at Orangeburg, where he in 
turn was pursued by Greene. At Or- 
angeburg, Colonel Stewart joined the 
British with reinforcements from Charles- 
ton. The enemy being now too strong 
for Greene to make an attack with any 
hope of success, he withdrew and 
retired beyond the Santee, to pass the 
sickly season in a healthier region of 
country. Lord Rawdon soon after left 
Colonel Stewart in command. 

Early in September General Greene 
again advanced upon the enemy, then 
commanded by Colonel Stewart. Stew- 
art retreated to Eutaw Springs. On 
the morning of September 8th a battle 
began. At first Greene was completely 
successful, and drove the British from 
the field; but they rallied, and, after a 
contest of four hours, he was compelled 
to retreat. During the night the British 



withdrew, and soon afterwards retired to- 
Charleston. Shortly after this the Brit- 
ish entirely abandoned all the up-coun- 
try. About this time Lord Rawdon, com- 
mandine the British forces at Charleston 




AN AMERICAN RIFLEMAN. 

committed a great outrage upon the 
usages of civilized warfare, which, while 
it was intended to overawe the people, 
only tended to intensify their determina- 
tion to resist to the last. The outrage- 



266 



HISTORY 01 THE UNITED STATES IN FEDERAL CM ON. BookI1.,c« 



was this : On the surrender of Charles- 
ton, in May, 1780, Isaac Hayne, who 
was fighting in the line as a private 
soldier, though he was a man of dis- 
tinction in the State, fell into the hands 
of the British, as a prisoner of war, and 
was with others discharged on subscrib- 
ing a declaration of allegiance to the 
king. This he and others did on the 
condition that they should not be re- 
quired to take up arms against their 
country. But Lord Rawdon now 



place in the Carolinas or Georgia, except 
Charleston and Savannah, and to these 
they were closely confined. With these 
events the campaign of 1 781, and, in- 
deed, the active operations of the war, 
closed in the Carolinas. 

To return to Lord Cornwallis. He 
left Wilmington on the 25th of April, 
and marched northward, proposing to 
conquer Virginia. About the last of 
May he reached Petersburg, where- he 
considerably increased the strength of 




SURRENDER OF LORD CORNWALLIS. 

ordered him, and others in his position, his army by adding to it the forces 

stationed at that place. Virginia, at that 
time, was defended by the Marquis de 
Lafayette, whose army consisted of only 
about three thousand men, mostly 
militia. Lafayette would not risk an 
engagement, feeling himself too weak to 
cope with his adversary. Cornwallis, 
taking advantage of his weakness, over- 
ran the country, and destroyed a great 



to join the British army. Hayne made 
his escape, and joined the Carolina 
forces. Soon after he was taken pris- 
oner again, and was ordered t<> be hung, 
which sentence was carried into execu- 
tion on the 4th of An- ust. This caused, 
.is it was well calculated to do, the most 
■ r ite efforts everywhere, to rid the 
country <>f the presence of the enemy. 
At the close of the year they held no deal of property, both public and private. 



WAR OF THE REVOLUTION. 



267 



An expedition penetrated as far as 
Charlottesville, and succeeded in cap- 
turing several members of the Virginia 
House of Delegates, and came very- 
near taking the governor, Thomas Jef- 
ferson. 

In June, Cornwallis received orders 
from Sir Henry Clinton to take post 
near the sea, so that he might be able to 
send assistance to New York, if it should 
become necessary. Cornwallis pro- 
ceeded to Yorktown, at which place he 
concentrated his forces, and immediately 
began fortifying it. Colonel Tarleton, 
with a small body of troops, held Glou- 
cester Point, on the opposite side of the 
river. General Washington had in- 
tended, in combination with the French 
troops and fleet, to attack Sir Henry 
Clinton in New York, but the intention 
was abandoned in August, for Clinton 
had received reinforcements, and the 
situation of Cornwallis offered a fairer 
prospect of success. 

Clinton, however, remained impressed 
with the belief that New York would be 
the point of attack, until Washington 
suddenly drew up the combined French 
and United States forces. On the 30th 
of September, he appeared before York- 
town. The French fleet blockaded the 
James and York rivers, and thus pre- 
vented the escape of Cornwallis by sea, 
while a French land-force of two thou- 
sand men joined Lafayette at Williams- 
burg to prevent his retreat upon the 
Southern States. Cornwallis found 
himself hemmed in on all sides with 
little prospect of relief. 

On the evening of October 9th, 
Washington, who had moved rapidly 
from the north, opened his batteries on 
the fortifications of Cornwallis at York- 
town. On the 14th two redoubts were 
carried by assault. On this occasion 



Lafayette greatly distinguished himself. 
On the 1 6th nearly a hundred pieces of 
artillery were brought to bear on their 
works with such effect that the walls 
were beaten down and nearly every gun 
was silenced. Being pressed to extremi- 
ties, Cornwallis on the night of the 16th 
of October attempted to escape from 
Yorktown. He passed a part of his 
army over to Gloucester, the other side 
of the river, intending the other part to 
follow and get over before daylight 
should discover his movements, but a 
sudden storm prevented the other por- 
tion of his army from following the first 
as it was expected to do. His purpose 
therefore was abandoned, and that por- 
tion of his army which had gotten over 
was ordered back and effected a re-pass- 
age of the river with great difficulty. 
There was nothing else left to him now 
but to offer terms of capitulation. This 
he did on the 19th. The terms were 
agreed upon, and his whole army, con- 
sisting of seven thousand men, with all 
the munitions of war, was surrendered. 
The shipping in the harbor was sur- 
rendered to the commander of the 
French fleet. Five days afterwards Sir 
Henry Clinton arrived at the mouth of 
the Chesapeake with an army of seven 
thousand men — too late: Cornwallis and 
his army were prisoners of war, and Sir 
Henry returned to New York. 

By this great success the whole coun- 
try was, in fact, recovered from the 
power of the British. The war was vir- 
tually at an end. All hope of subduing 
the States and holding them as Colonies 
was gone. 

The enemy's troops, after this, were 
principally confined to the cities of New 
York, Charleston and Savannah. The 
British government no longer pursued 
active measures. 



268 



HISTORY OF THE UNITED STATES IN FEDERAL UNION. Book II. 



c. 4" 



It was in the middle of the night that 
the news of the surrender of Cornwallis 
reached Philadelphia. A watchman in 
the street called out, " Twelve o'clock, 
and a cloudy morning — Cornwallis is 
taken ! " 

Soon the whole city was aroused with 
the cry, which went up in every street 
and alley. The hope that peace with 
liberty would now come at last was 
strong and buoyant. The wildest en- 
thusiasm prevailed. The same news was 
received with like joy everywhere in 
the States. 

In England the effect was decisive 
against any further prosecution of the 
war. The Whigs there immediately 
gained the ascendancy, and Lord North, 
who for twelve years had governed the 
country, was compelled to resign the 
lead of the ministry. Negotiations for 
peace were entered into. Five commis- 
sioners — John Adams, John Jay, Dr. 
Franklin, Thomas Jefferson, and Henry 
Laurens — were appointed by the United 
States. Five were appointed by the 
British government. They met at Paris, 
and on the 30th of November, 1782, 
signed a provisional treaty of peace. A 
final treaty was signed at the same place 
September the 3d, 1783. The first ar- 
ticle of the latter was in these words : 

" His Britannic Majesty acknowledges 
iid United States, viz.: New Hamp- 
shire, Massachusetts Bay, Rhode Island 
and Providence Plantations, Connecticut, 
New York, New Jersey, Pennsylvania, 
Delaware, Virginia, North Carolina, 
South Carolina, and Georgia, to be free, 
sovereign and independent States ; that 
he treats them as such ; and for himself, 
his heirs, and successors, relinquishes 
all claim to the government, proprietary, 
and territorial rights of the same, and 
every part thereof." 



Thus, after a bloody war of seven 
years, each of the original separate thir- 
teen Colonies was acknowledged by 
Great Britain to be an independent sov- 
ereign State. This grand achievement 
of independence and sovereign right of 
self-government, on the part of each of 
the States, was effected through the 
joint action of all, under their articles of 
Federal Union. 

At the same time, England made 
treaties of peace with all the other coun- 
tries with whom she had so lately been 
at war. 

On the 19th of April, 1783, just eight 
years after the battle of Lexington, a 
final cessation of hostilities between 
Great Britain and the United States was 
proclaimed. 

By the treaty with Spain, England re- 
stored to that country East and West 
Florida, which had been ceded to her by 
Spain in 1 763. 

The preamble to the provisional treaty 
of peace between Great Britain and the 
United States deserves special notice. 
It is the philosopher's stone in polities. 
It sets forth a great truth, which all 
statesmen would do well to study ; and 
presents a moral lesson, which forms a 
fitting conclusion to this chapter, closing, 
as it does, our history of the first great 
war for the sovereign right of local self- 
government by the United States of 
America. The preamble referred to is 
in these words : 

" Whereas, reciprocal advantages and 
mutual convenience have been found by 
experience to form the only permanent 
foundation for peace and friendship be- 
tween States, it is agreed to form the 
articles of the proposed treaty on such 
principles of liberal equity and reci- 
procity as that, partial advantages (those 
seeds of discord) being excluded, such a 



PROGRESS OF EVENTS. 



269 



beneficial and satisfactory intercourse 
between the two countries may be estab- 
lished, as to promise and secure to both 
perpetual peace and harmony." 

Had England acted towards the Colo- 
nies from the beginning on these princi- 
ples, she might have saved herself all the 
blood and treasure expended in this 
unholy crusade against the essential 
rights in issue, and might have secured 
inestimable advantages to her own com- 
merce, trade and renown for centuries to 
come. Soon after the final treaty of 
peace, John Adams was sent as the first 
minister from the United States to Eng- 
land. He was received with all due 
courtesy by the king and the court of 
St. James; but General Oglethorpe was 
the first nobleman of the kingdom who 
called on him in person, and paid that 
respect which was due alike to his char- 
acter and to his high official position. 

CHAPTER V. 

PROGRESS OF EVENTS. 

(1783— 1787.) 

-General joy on return of peace with liberty — New- 
troubles arise — Distresses of the army — Officers 
and men without pay — Congress without money — 
Washington continues headquarters at Newburgh, 
N. Y. — Discontent among a class of officers — The 
artful attempt at mutiny — The most critical period 
in the history of the United States — A most in- 
flammatory address circulated among the officers 
anonymously — Washington's action in regard to 
it — Calls a meeting of all the general field officers 
on 15th of March, 1783 — His great speech on 
that occasion — Saves public liberty at the time — 
Congress provides means for the immediate wants 
of the army — City of New York evacuated by the 
British — Washington's farewell to his officers — 
Goes to Annapolis, where the Congress is in 
-ession — Resigns his commission, 23d December, 
'?S3 — Another trouble, the scarcity of money — 
1 he paper currency depreciated until worthless — 
I'o meet the interest on the public debt, heavy 
taxes necessary — The States unable to raise them — 
In Massachusetts jealousy arises on the part of 
■those who had fought in the war against those who 




had become rich by speculations during the same 
period— Shay's rebellion, about which so much 
error has been written — Movement made to amend 
the articles of confederation — The basis on which 
quotas of States were to be levied to be changed 
from value of real estate to the number of 
population — A three-fiflhs principle proposed by 
Congress, but not ratified by the States — Proposi- 
tion to amend Constitution on subject of foreign 
commerce — Not ratified by the States — Virginia 
calls a general convention of the States — Congress 
adopts this suggestion — A general convention 
called for the second Monday in May, 1787 — The 
ordinance of 1787. 

HE long struggle was now over. 
The popular joy of the success 
of the cause of liberty, and of 
the independence of the States, 
was unbounded throughout the 
country. But the fruition of the long 
hoped-for and newly acquired blessings 
at an early day came far short of the 
fondly cherished anticipations. This 
arose from several causes. New troubles 
soon presented themselves, which dis- 
quieted the minds of those who had 
been the most hopeful and sanguine 
during the darkest hours of the conflict. 
One of these troubles grew out of the 
state of the army, and the destitute con- 
dition of the public treasury, as well as 
of the country generally. Congress was 
largely in arrears, not only with the offi- 
cers, but with the men ; and they had no 
power under the Constitution, as it was, 
to levy taxes directly upon the people. 
Public credit was exhausted. Would 
the army consent to be disbanded with- 
out a settlement of their dues ? This was 
a perplexing question. Washington 
still continued his head-quarters at New- 
burgh, N. Y., patiently and anxiously 
awaiting the action of Congress, and 
hoping that some satisfactory provision 
would be made in due season for the 
exigency. 

At this time, too, it is sad to relate, 



2yc 



HISTORY OF THE UNITED STATES IN FEDERAL UNION. Book II c. ft 



there were many restless spirits in the 
army, such as all great or long wars 
usually ^ive rise to; men of ambitious 
views and projects, who, even to the 
most daring and gallant deeds, are often 
actuated much more by selfish motives 
of personal distinction and lame, than 
by a true love of liberty. Many of this 
class had been engaged in behalf of the 
States from the beginning, but who had 
little sympathy with the real cause for 
which arms had been taken up — which 
was the right of self-government on the 
part of the people of each Colony. 

But the establishment of free institu- 
tions, and republican governments, was 
not the controlling object which induced 
this class to take the field, and a military 
government was what they now looked 
to, as the only hope of securing their 
personal aggrandizement. 

Some of these restless spirits sought 
to make the patriotic and self-sacrificing 
army of Washington the instrument of 
their unhallowed purpose. The wants 
and needs of the army, the destitution 
of the country, and the utter inability of 
Congress to make immediate adequate 
provision for these wants, and even to 
deal justly by them by making prompt, 
full payment for past dues, were seized 
upon as the means to inflame the pas- 
sions of the soldiers, in hopes, by appeal 
to their misguided impulses, they might 
be prevailed upon not to disband, but, 
under the claim and demand of their 
rights, to overthrow Congress and all the 
civil authorities. 

These designing men hoped that this 
course would lead to a military govern- 
ment of some sort, in which they hoped 
to be the chief actors. They knew that 
Washington was too true and patriotic 
to countenance their object; hence their 
design was most insidiously to weaken 



the influence of the commander-in-chief 
by persuading the soldiers that in not 
favoring their appeal to Congress for re- 
dress by arms, he himself was not in 
real sympathy with their wants. This 
was the most critical period of all in the 
history of the United States. It was 
the turning point of the liberties of the 
country. It was now more than on any 
other single occasion that Washington 
showed those- principles and qualities 
which so distinguished him throughout 
his life, and exhibited those transcendent 
powers, intellectual and moral, which 
mark him as one of the greatest men the 
world ever produced. On the ioth of 
March, 1783 (after the preliminary arti- 
cles of peace were signed), an anony- 
mous address of striking point and force, 
but most guileful in its character, was 
issued and circulated through the army. 
Its tenor and object will be seen from 
the following extracts: 

" To the Officers of the Army : 

"A fellow-soldier, whose interests and 
affections bind him strongly to you, 
whose past sufferings have been as great, 
and whose future may be as desperate as 
yours, would beg leave to address you. 

"Age has its claims, and rank is nol 
without its pretensions to advise; but 
though unsupported by both, he flatters 
himself that the plain language of sin- 
cerity and experience will neither be 
unheard or unregarded. 

"After a pursuit of seven long years, 
the object for which we set out is at 
length brought within our reach. Yes. 
my friends, that suffering courage of 
yours was active once. It has con- t 
ducted the United States of America 
through a doubtful and a bloody war, 
and peace returns again to bless — whom ? 
A country willing to redress your 




WASHINGTON S HEAD-QUARTERS AT NEWBURGH, NEW YORK. 




THE ROOM WITH SEVEN DOORS AND ONE WINDOW. 



(271) 



HISTORY OF THE I'XITED STATES IN FEDERAL UNION. Boo K lI..af 



wrongs, clierish your worth, and reward 
your services ? A country courting 
your return to private life, with tears of 
gratitude and smiles of admiration — 
longing to divide with you that inde- 
pendency which your gallantry has 
given, and those riches which your 
wounds have preserved? Is this the 
case ? Or is it rather a country 
that tramples upon your rights, dis- 
dains your cries, and insults your dis- 
tresses ? 

" Have you not more than once sug- 
gested your wishes, and made known 
your wants to Congress? Wants and 
wishes which gratitude and policy would 
have anticipated rather than evaded ; 
and have you not lately in the meek 
language of entreating memorials, begged 
from their justice what you could no 
longer expect from their favor? How 
have you been answered ? Let the let- 
' r which you are called to consider to- 
morrow, reply. If this, then, be your 
treatment while the swords you wear 
are necessary for the defence of America, 
what have you to expect from peace 
when your voice shall sink, and your 
strength dissipate by division ? When 
those very swords, the instruments and 
companions of your glory, shall be 
taken from your sides ; and no remain- 
ing mark of military distinction left, but 
your wants, infirmities and scars. Can 
you, then, consent to be the only suffer- 
ers by this Revolution, and retiring from 
the field, grow old in poverty, wretched- 
ness, and contempt ? Can you consent 
to wade through the vile mire of de- 
pendency, and owe the miserable rem- 
nant of that life to charity which has 
hitherto been spent in honor? If you 
can — go ! and carry with you the jest 
of Tories and the scorn of Whigs ; the 
ridicule, and, what i.; worse, the pity of 



the world. Go ! starve, and be for- 
gotten ! 

" Hut if your spirit should revolt at 
this ; if you have sense enough to dis- 
cover, and spirit enough to oppose 
tyranny under whatever garb it may 
assume, whether it be the plain coat of 
republicanism or the splendid robe of 
royalty ; if you have yet learned to dis- 
criminate between a people and a cause, 
between men and principles, awake ! 
attend to your situation, and redress 
yourselves. If the present moment be 
lost every future effort is in vain, and 
your threats then will be as empty as 
your entreaties now." ;: 

This address, with these and other 
like sentiments, invoked a general meet- 
ing to be held next day. Its inflamma- 
tory character was well calculated to 
arouse the passions of all the army, offi- 
cers as well as men. It was put forth 
and circulated without the knowledge 
of Washington. He immediately, on 
getting notice of it, by general orders, 
condemned the spirit of the address, and 
invited a meeting of all the general and 
field officers to take place on the 15th. 
It was on this occasion, in this meeting 
of the general officers, of which General 
Gates was chairman, that Washington 
performed one of the greatest acts of his 
life — if not the greatest. It was the 
matchless speech which he then and 
there made, and by which this grand 
projected mutiny, so well schemed and 
artfully planned, was suppressed. Among 
other things in that speech which should 
never be forgotten, he said to the war- 
worn patriot veterans around him : 

" This dreadful alternative of either 
deserting our country in the extremes! 
hour of her distress, or turning our arms 

* See Marshall's Life of Washington, vol. ii., p. 
42, et seq. 



PROGRESS CF EVENTS. 



273 



against it, which is the apparent object, 
unless Congress can be compelled to 
instant compliance, has something so 
shocking in it that humanity revolts at 
the idea. My God! what can this writer 
have in view by recommending such 
measures? Can he be a friend to the 
army? Can he be a friend to this 
country? Rather is he not an insidious 
foe; some emissary, plotting the ruin of 
both by sowing the seeds of discord and 
separation between the civil and military 
powers ? And what a compliment does 
he pay to our understandings when he 
recommends measures in either alterna- 
tive impracticable in their nature ! 

" With respect to the advice given by 
the author to suspect the man who shall 
recommend moderate measures and 
longer forbearance, I spurn it, as every 
man who regards that liberty and re- 
veres that justice for which we contend, 
undoubtedly must ; for if men are to be 
precluded from offering their sentiments 
on a matter which may involve the most 
serious and alarming consequences that 
can invite the consideration of mankind, 
reason is of no use to us. The freedom 
of speech may be taken away, and dumb 
and silent we may be led like sheep to 
the slaughter." 

He assured them in this speech that 
he believed that Congress intended to 
do justice to the army, and would do it; 
that they would meet all their engage- 
ments with the army as speedily and 
promptly as they were able ; and after 
these assurances, he concluded this ever 
memorable address in these words : 

" While I give these assurances, and 
pledge myself in the most unequivocal 
manner to exert whatever abilities I am 
possessed of in your favor, let me entreat 
you, gentlemen, on your part, not to 
take any measures which, viewed in the 



calm light of reason, will lessen the dig- 
nity and sully the glory you have hitherto 
maintained. Let me conjure you in the 
name of our common country, if you 
value your own honor as you respect 
the righfs of humanity, to express your 
utmost horror and detestation of the 
man who wishes, under any specious 
pretenses, to overthrow the liberties of 
our country. By thus determining and 
thus acting, you will pursue the plain 
and direct road to the attainment of your 
wishes ; you will defeat the insidious 
designs of our enemies, who are com- 
pelled to resort from open force to secret 
artifice ; you will give one more distin- 
guished proof of unexampled patriotism 
and patient virtue, rising superior to the 
pressure of the most complicated suffer- 
ings ; and you will, by the dignity of 
your conduct, afford occasion for pos- 
terity to say, when speaking of the 
glorious example you have exhibited to 
mankind, had this day been wanting the 
world had never seen the last stage of 
perfection to which human nature is 
capable of attaining." 

The effect of this speech was never 
surpassed by anything uttered by the 
greatest orators of the world ; and yet 
oratory was not one of Washington's 
chief excellencies. In him seemed to be 
combined all the elements which con- 
stitute true greatness. His appeal on 
this occasion was not to the passions of 
his hearers, but to their reason, their 
virtue, and their patriotism. His senti- 
ments were pure, unselfish, elevating, 
and ennobling ! They saved public liberty 
at the time. The Congress did the best 
they could in providing for the immediate 
wants and needs of both the men and 
officers of the army. They were still 
kept together, and not disbanded until 
after the British evacuated the city of 



274 



HISTORY OF THE l\/7 ED STATES IN FEDERAL UNION. Book II.. c. 8 



New York, which was on the 25th of the States were unable to raise the 
mber, 1 7 S 3 . The same day, a por- quotas under the Articles of Union. In 
tion of the United States arm}- entered several of them, to meet the wants of 
the garrison there. their own governments, a tax to be paid 
On the 4th of December Washington in produce, instead of money, was re- 
took leave of his officers, and went to sorted to. In many instances, strong 
Annapolis, Maryland, where the Con- appeals were made to the Legislatures 
of the States was in session, and of the several States, for measures of 



to them, on the 23d of December, 1783, 
when peace, quiet and order prevailed 
everywhere, resigned his commission. 
Another trouble which was severely 



relief, and for laws staying the collection 
of debts. The evil of the times bore 
most heavily on the laboring classes. 
In Massachusetts a strong party arose 
felt throughout the land arose from the from that class, who had borne the brunt 
general indebtedness of the country, and | of the fight, against those who by trade 







H« temsBm 



CONTINENTAL BILLS. 



the scarcity of money. The public debt ' and traffic at home had become rich 
(to say nothing of that of individuals), during the war. This ended in what is 
domestic and foreign, had swelled to near known as Shay's rebellion in that State, 



one hundred millions. The war had been 
carried on by an issue of paper, of some 



about which so much error has been put 
forth by writers and incorporated into 



sort or other, chiefly Continental Bills, histories. It was bad enough as it was. 

is they were called, as a circulating me- but not as bad as has been represented, 

dium. This currency depreciated until It was an organized resistance to the 

it ceased to have even a nominal value, collection of personal debts which were 

fhc Congre s, moreover, had borrowed deemed to be unjust. It, aimed. at no 

from Holland and France several million resistance to Federal authority. Good 

dollars. To meet the interest on this men may heartily sympathize with their 

debt required heavy taxation. Some of grievances, while utterly condemning 



PROGRESS CF EVENTS. 



2/5 



their methods of redress. In the mean- 
time it was discovered that the basis 
fixed upon in their Articles of Union for 
the quotas of States respectively was not 
a just one. That basis was the value of 
real estate in the several States. This 
value was by no means uniform. The 
proper basis, it was thought, was the 
relative population of the States. 

In April, 1783, therefore, Congress 
proposed to the States, to amend the 
Constitution in this particular, by mak- 
ing population the basis of the States' 
quotas. This was the original idea in 
1776, when the Articles of Union were 
first brought forward. But a difficulty 
soon arose in the discussion, which caused 
its abandonment at that time. The diffi- 
culty sprung from the fact that there 
were more negro slave laborers in some 
of the States than in others, and it was 
insisted that negro laborers were not as 
efficient in the production of wealth, the 
proper subject of taxation, as free, intel- 
ligent white men. Some insisted that 
one white man was as efficient as four 
negroes ; some put the ratio at three, 
and some at two. As this difficult ques- 
tion could not be satisfactorily adjusted 
at first, the basis then adopted was the 
one stated ; but after years of discussion 
it was agreed that five negro slaves, 
looking to the efficiency of labor in the 
production of wealth, should be rated as 
three white persons in establishing' a 
proper basis for taxation, taking relative 
population as the best standard of rela- 
tive production. This was known as the 
ratio of Federal population. Accord- 
ingly, in April, 1783, as stated, the Con- 
gress passed a resolution recommending 
to the States a change of the Constitu- 
tion in this particular. The change was 
that the quota in each State should be — 
" In proportion to the whole population 



of white and other citizens and inhabi- 
tants of every age, sex and condition, 
including those bound to servitude for a 
term of years, and t hire -fifths of all other 
persons not comprehended in the fore- 
going description, except Indians not 
paying taxes in each State." This change 
the States were slow in agreeing to. 

Another trouble was that each State, 
under the Constitution, had its own reg- 
ulations of foreign commerce. Different 
States had different rates of duty on 
foreign imports, which worked badly for 
the common interest. A considerable 
foreign trade had also commenced. The 
exports as well as the imports of the 
United States were greatly increased. 
The imports consisted of manufactured 
goods of various kinds, as well as sugar, 
coffee, tea, etc. The exports from Vir- 
ginia and the more southern States con- 
sisted largely of tobacco and rice. The 
cultivation of cotton was not yet intro- 
duced. From the Northern and Eastern 
States were exported articles of greater 
variety, but not of equal value to those 
from the Southern States. During 1783, 
before he retired from the army, Wash- 
ington addressed a circular letter to the 
Governors of the States, in which he 
urged several changes in the Constitu- 
tion. 

The Congress, therefore, during the 
same year, 1783, proposed that the Con- 
stitution should be changed so as to 
allow them to resort to the system of 
indirect taxes ; that is, of levying duties 
upon imports, which would bear less 
heavily upon the people, and enable 
them to meet the interest on the foreign 
debt. 

The resolution was offered on the 18th 
of April, and is in these words : 

"Resolved, by nine States, that it be 
recommended to the several States as 



2 -5 HISTORY OF THE UNITED STATES IX FEDERAL UNION. Book II, c 5 

indispensably necessary to the rcstor- 1 the Legislature of Virginia, and under 
ation of public credit, and to the his auspices a movement was made in 
punctual and honorable discharge of the j that body in favor of an amendment to 
public debt-, to invest the United Stat 
in C mbled, with the power 

to levy, for the use of the United States, 

I lowing duties upon goods imported 
into the said States from any foreign port, 
island, or plantation," etc.* Then follows 
a long list of articles on which it was 
asked to vest the United States, in Con- 
gress assembled, with the power to levy 
duties upon, and the rate of duty pro- 
d This request of Congress for 
additional powers, though accompanied 
by .in able and strong letter from Congress 
to the States asking them to make " the 
constitutional change" proposed, was 
not acceded to by the States, and no 
further notice of it is necessary here. 

' »n the 30th of April, 1784, Congress 
again" recommended to the Legislatures 
of the several States to vest the United 
States in Congress assembled, for the 
term of fifteen years," etc., with certain 
specified powers over commerce with 
foreign nations. This proposition also 
failed to be confirmed by the States. 

ral States agreed to it, but it lacked 
the necessary number to carry it into 
effect. 

The next movement to effect a change 
in the Article- of Confederation was by 
Mr. Monroe, in Congress, July, 1 785. 
I 1 proposition was for the States to 
vest in the United States, in Congress 

nbled, "the power of regulating 
trade." Congress never acted upon this 
proposition. "It was deemed, in the 
language of the day, that any prop«> 
for perfecting the Articles of Confeder- 
ation should originate with the State 
i .egislatures." \ * 

Accordingly Mr. Madison went into 

* Elliot's Debates, vol. i.,p. 93. f Ibid., vol. i., p. III. 



in the United States in Congress 
assembled all the powers that had been 
previously proposed by the Congress. 
This movement in the Virginia Legislature 
failed at first, but subsequently, on the 
2 1st of January, 1786, that body passed 
thefollowing resolutions: "Resolved, That 
Kdmund Randolph, James Madison, Jr., 
Walter Jones, St. George Tucker, Meri- 
wether Smith, David Ross, William 
Ronald, and George Mason, Esqs., be 
appointed commissioners, who, or any 
five of whom, shall meet such com- 
missioners as may be appointed by the 
other States in the Union, at a time and 
place to be agreed on, to take into con- 
sideration the trade of the United 
States; to examine the relative situation 
and trade of the said States ; to consider 
how far a uniform system in their com- 
mercial regulations may be necessary to 
their common interest and their perma- 
nent harmony ; and to report to the 
several States such an act relative to this 
great object as, when unanimously ratified 
by them, will enable the United States, 
in Congress assembled, to provide for 
the same. That the said commissioners 
shall immediately transmit to the 
several States copies of the preceding 
resolution, with a circular letter request- 
ing their concurrence therein, and pro- 
posing a time and place for the meeting 
aforesaid."* 

Four other States only responded to 
this resolution of the Virginia Legislature, 
to wit : New York, New Jersey, Penn- 
sylvania, and Delaware. They all ap- 
pointed commissioners, as suggested by 
Virginia. These commissioners met in 
convention at Annapolis, in Maryland, 

* Elliot's Debates, vol. i., p. 115. 






PROGRESS OF EVENTS. 



277 



on the nth of September, 1786. They did 
nothing, however, but make a report to 
the Legislatures appointing them, and 
recommending the calling of a general 
convention of all the States, to meet at 
Philadelphia on the second Monday in 
May, 1787, "to take into consideration 
the situation of the United States; to 
devise such further provisions as shall 
appear to them necessary to render the 
Constitution of the Federal Government 
adequate to the exigencies of the Union, 
and to report such an act for that purpose 
to the United States, in Congress assem- 
bled, as, when agreed to by them, and 
afterwards confirmed by the Legislatures 
of every State, will effectually provide 
for the same." * 

As a reason for this course, they say 
"they are the more naturally led to this 
conclusion, as in the course of their 
reflections on the subject, they have been 
induced to think that the power of 
regulating trade is of such comprehensive 
extent, and will enter so far into the 
general system of the Federal Govern- 
ment, that to give it efficacy, and to 
obviate questions and doubts concerning 
its precise nature and limits, may require 
a correspondent adjustment of other 
parts of the Federal system." 

This communication was addressed 
to the States from whom the parties held 
their commissions, and copies of it were 
likewise sent to the United States, in 
Congress assembled, and to the execu- 
tives of all the States. The Congress 
took up the subject on the 21st of Feb- 
ruary, 1787, and came to the following 
resolution upon it : 

"Resolved, That in the opinion of Con- 
gress, it is expedient that, on the second 
Monday in May next, a convention of 
delegates, who shall have been ap- 

* Elliot's Debates, vol. i., p. 118. 



pointed by the several States, be held at 
Philadelphia, for the sole and express 
purpose of revising the Articles of Con- 
federation, and reporting to Congress 
and the several Legislatures such altera- 
tions and provisions therein as shall, 
when agreed to in Congress, and con- 
firmed by the States, render the Federal 
Constitution adequate to the exigencies 
of government, and the preservation of 
the Union." 

It was under this resolution of Con- 
gress that the ever memorable Federal 
Convention of 1787 was called and met. 
The initiative step to this movement was 
the resolution of the 21st of January, 
1786, of the Virginia Legislature. Mr. 
Madison was the author of that resolu- 
tion, though it was offered by Mr. Tyler, 
father of the late ex-President Tyler. 

Mr. Madison's agency in first starting 
this movement is what has given him the 
title of" Father of the Constitution." In 
none of these proceedings, either in Con- 
gress, or in the Virginia Legislature, or in 
the communication of the commissioners 
at Annapolis, is there any intimation of 
a wish or intention to change the nature 
of the government then existing, in any 
of its essential federative features. It 
does, however, very clearly appear, from 
the letter of the commissioners, that in 
granting additional powers to the United 
States, in Congress assembled, it might 
and would be, in their opinion, proper 
to make "a correspondent adjustment 
of other parts of the existing federal sys- 
tem." This, doubtless, referred to a 
division of the powers vested in the 
States jointly, under the then Constitu- 
tion. These were mostly, as we have, 
seen, committed to one body — to the 
Congress of the States. Already the 
idea had begun to develop itself, of in- 
troducing a new feature in the federal 



278 



HISTORY OF THE UNITED STATES IN FEDERAL UNION. Book II. 



plan — that of dividing the powers dele- 
gated into legislative and executive de- 
partments, each distinct from the judicial ; 
and also dividing the legislative depart- 
ment into two brandies, or houses ; and 
further still, of allowing the federal ma- 
chinery to act directly upon the citizens 
of the States in specified subjects, and 
not on the States in their corporate 
capacity, as had been the case in all 
former confederacies. This idea at first 
was not fully developed. All new truths 
are slow of development. Mankind, 
generally, at first, sec new truths indis- 
tinctly ; as the man we read of in the 
Scriptures, who having been born blind, 
when his eyes were opened, at first " saw 
men as trees walking." This new fea- 
ture, or these new features, in the federal 
plan, are but dimly shadowed forth in 
the letter of the commissioners, wherein 
they speak of some necessary corre- 
spondent adjustment of the federal sys- 
tem. Mr. Jefferson, soon after, gives 
the idea more substantial form in a letter 
to Mr. Madison, written at Paris, 16th 
of December, 1786. His letter is in 
these words : 

" I find by the public papers, that your 
commercial convention failed in point of 
representation. If it should produce a 
full meeting in May, and a broader re- 
formation, it will still be well. To make 
us one nation, as to foreign concerns, 
and keep us distinct in domestic ones, 
gives the outline of the proper division 
of powers between the general and par- 
ticular governments. But to enable the 
federal head to exercise the powers given 
it to best advantage, it should be organ- 
ized as the particular ones arc, into legis- 
lative, executive and judiciary. The 
first and last are already separated. The 
second should be. Winn last with Con- 
gress. I often proposed to members to do 



this, by making of the committee of the 
States an executive committee, during 
the recess of Congress ; and, during its 
session, to appoint a committee to re- 
ceive and despatch all executive busi- 
ness, so that Congress itself should med- 
dle only with what should be legislative. 
But I question if any Congress (much 
less all successively) can have self-denial 
enough to go through with this distribu- 
tion. The distribution, then, should be 
imposed on them."* 

This, as far as the author has been 
able to discover, after no inconsiderable 
research, is the first embodied concep- 
tion of the general outline of those pro- 
per changes of the old Constitution or 
Articles of Confederation, which were 
subsequently, as we shall see, actually 
and in fact ingrafted on the old system 
of confederations ; and which makes the 
most marked difference between ours, 
and all other like systems. Of all* the 
statesmen in this country, none ever ex- 
celled Mr. Jefferson in grasp of political 
ideas, and a thorough understanding of 
the principles of human government. 

This is a brief but unquestionable 
history of the complaints under the old 
system. The gre.it leading object at the 
time, with Congress, was to get additional 
power to regulate trade, and to raise 
revenue directly by law, operating on 
the individual citizens of the States, and 
not on the States in their corporate char- 
acter. Under the Articles of Union, as 
the)- then were, Congress could regulate 
trade, as we have seen, with the Indian 
tribes, but not between the States respec- 
tively, or with foreign nations; nor could 
the\ - raise revenue, as we have seen, ex- 
cept by requisitions upon the States. 

The main and leading objects were to 
get the Federal Constitution amended in 

* Jefferson's Complete Works, vol. xi.,p. 66. 



RESPONSES OF THE STATES. 



279 



these particulars. Could these new ideas 
and new principles be incorporated in a 
system strictly Federal ? This was the 
great problem of that day. Congress 
gave consent to the calling of a conven- 
tion of the States, as desired, for the 
sole and express purpose of revising the 
Articles of Confederation, to the attain- 
ment, if possible, of these ends and 
objects. No intimation was given in 
any of the proceedings that led to the 
call of this convention, of any wish, 
much less a design, to change the char- 
acter of the Federal system, or to trans- 
form it from a Confederate Republic, as 
it was then acknowledged to be, into a 
consolidated single republic. It is im- 
portant to pay strict attention to the pro- 
ceedings at this time. The convention 
was called, not to change the nature of the 
general government, but to delegate to 
it some few additional powers. It is im- 
portant to pay strict attention to the 
proceedings of the States at this time, 
and to ascertain what ,vvas their un- 
derstanding of the nature of the call 
for a convention by the resolution 
of Congress, as well as their aims 
and objects in sending delegates to the 
convention. This will best be seen by a 
careful and full review of their respective 
responses to the call, which will be the 
subject of the next chapter. In the 
meantime Congress passed an ordinance 
for the government of the territory of 
the United States northwest of the Ohio 
river. To this territory several of the 
States had claims, as parts of it lay 
within the original chartered limits of 
those States; much the larger portion 
lay within the limits of Virginia. This 
State and the others had ceded their 
rights to the land or soil to the United 
States as a common fund for the use and 
benefit of all. 



This ordinance was in the nature of a 
compact between the States and the 
settlers of this territory, providing a 
system of self-government for them 
while in the condition of inchoate States, 
and for their future admission into the 
Union when the population of its respec- 
tive parts, particularly designated, should 
reach the number of sixty thousand in- 
habitants. 

By the sixth section of this celebrated 
ordinance, "slavery or involuntary ser- 
vitude, except for crime, was to be forever 
prohibited" from this portion of the public 
domain. Mr. Jefferson, though not in 
Congress at the time, was well known to 
be the author of this famous provision. 

CHAPTER VI. 

THE ACTION CF THE SEVERAL STATES 
UPON THE CALL FOR THE GENERAL 
FEDERAL CONVENTION OF 1 787. 

The full responses of twelve of the States to the call, 
viz., New Hampshire, Massachusetts, Connecticut, 
New York, New Jersey, Delaware, Pennsylvania, 
Maryland, Virginia, North Carolina, South Caro- 
lina, and Georgia, with credentials of their dele- 
gates — Rhode Island makes no response — The 
importance of these responses as historic facts. 

HE subject of this chapter is the 
responses of the States respec- 
tively to the call for a Federal 
Convention to revise the articles 
of confederation between them. 
On an inquiry into the nature and extent 
of the changes in the fundamental law 
proposed by the call, especially so far as 
there was any intention to trench upon 
the sovereign powers of the States, it is 
of the utmost importance to know what 
the States did in reference to it, both 
anterior to going into the convention 
and subsequently. With this view 
special attention will be first directed to 
the responses of each of the States tc 




28o 



HISTORY OF THE CXI TED STATES IN FEDERAL CXI OX. Book II, c. 6 



the call itself. It is quite a task to go 
through with them all ; but the important 
bearing they have upon the great ques- 
tions under consideration requires, not 
only that they should be looked into, 
but scanned closely, and thoroughly ex- 
amined. From these very essential facts 
can only be obtained a clear understand- 
ing of the history of the times, with the 
true social phenomena attending them. 

These are the deep footprints of truth 
impressed upon our lower strata of 
political formation and growth which 
must forever stand against bare assertion 
or speculative theory. They are marks 
which discussion can never obliterate, 
arguments cannot remove, sophistry can- 
not obscure, time cannot erase, and 
which even wars cannot destroy. How- 
ever upheaved the foundations of society 
may be by political convulsions, these 
will stick to the very fragments of the 
rocks of our primitive formations, and 
bear unerring testimony to the ages to 
come of the true character of our insti- 
tutions. The responses of all the States 
which did respond (and all responded 
but Rhode Island) show conclusively the 
great indisputable fact that they all at 
that time claimed to be sovereign and 
independent, and were acknowledged by 
each other and other nations so to be, 
and that their sole object in going into 
the proposed convention was to provide 
for such changes as could be made in 
their then Constitution, as experience 
had shown to be expedient and proper, 
without any change in the Federal char- 
acter of the government. 

The responses of all the States (except 
Rhode Island) will now be presented in 
the order, and just as th y appear, in 
11 Elliot's Debates." * 

* See Elliot's Debates, vol. i., p. I26. 



STATE OF NEW HAMPSHIRE. 

IN THE YEAR OF OUR LORD I787. 

An Act for Appointing Deputies from this State to 
the Convention Proposed to be holden in the City 
of Philadelphia, in May, 17S7, for the purpose of 
revising the Federal constitution. 

Whereas, in the formation of the 
Federal compact, which frames the bond 
of Union of the American States, it was 
not possible, in the infant state of our 
republic, to devise a system which, in 
the course of time and experience, would 
not manifest imperfections that it would 
be necessary to reform : 

And whereas, the limited powers which, 
by the Articles of Confederation, are 
vested in the Congress of the United 
States, have been found far inadequate 
to the enlarged purposes which they 
were intended to produce ; and whereas, 
Congress hath, by repeated and most 
urgent representations, endeavored to 
awaken this, and other States of the 
Union, to a sense of the truly critical and 
alarming situation in which they may 
inevitably be invoked, unless timely- 
measures be taken to enlarge the powers 
of Congress, that they may be thereby 
enabled to avert the dangers which 
threaten our existence as a free and in- 
dependent people ; and whereas, this 
State hath been ever desirous to act upon 
the liberal system of the general good 
of the United States, without circum- 
scribing its views to the narrow and self- 
ish objects of partial convenience ; and 
has been at all times ready to make 
every concession to the safety and hap- 
piness of the whole, which justice and 
sound policy could vindicate : — 

Be it therefore enacted, by the Senate 
and House of Representatives in General 
( ourt convened, That John Langdon, 
John lackering, Nicholas Gilman, and 
Benjamin West, Esqrs., be, and hereby 



HESPONSES OF THE STATES. 



28l 



are, appointed commissioners ; they, or 
any two of them, are hereby authorized 
and empowered, as deputies from this 
State, to meet at Philadelphia said Con- 
vention, or any other place to which the 
Convention may be adjourned, for the 
purpose aforesaid, there to confer with 
such deputies as are, or may be ap- 
pointed by the other States for similar 
purposes, and with them to discuss and 
decide upon the most effectual means to 
remedy the defects of our Federal Union, 
and to procure and secure the enlarged 
purposes which it was intended to effect, 
and to report such an act to the United 
States in Congress, as, when agreed to 
by them, and duly confirmed by the 
several States, will effectually provide 
for the same. 

State of New Hampshire. — In the 
House of Representatives, June 27, 
1787. The foregoing bill having been 
read a third time — voted that it pass to 
be enacted. Sent up for concurrence. 
John Sparhawk, Speaker. 

In Senate, the same day. This bill 
having been read a third time — voted 
that the same be enacted. 

John Sullivan, President. 

[L. S.] 

Copy examined per 

Joseph Pearson, Secretary. 

COMMONWEALTH OF MASSA- 
CHUSETTS. 
By his Excellency, James Bowdoin, 
Esq., Governor of the Commonwealth of 
Massachusetts, [l. s.] 

To the Honorable Francis Dana, Elbridge Gerry, 
Nathaniel Gorham, Rnfns King, Caleb Strong, 
Esqrs., Greeting : 

Whereas, Congress did, on the 21st 
day of February, a. d. 1787, resolve 
" That, in the opinion of Congress, it is 
expedient that, on the second Monday in 



May next, a Convention of Delegates, 
who shall have been appointed by the 
several States, be held at Philadelphia, 
for the sole and express purpose of re- 
vising the Articles of Confederation, and 
reporting to Congress and the several 
Legislatures such alterations and pro- 
visions therein as shall, when agreed to 
in Congress, and confirmed by the States, 
render the Federal Constitution adequate 
to the exigencies of government, and the 
preservation of the Union; " and whereas, 
the General Court have appointed you 
their Delegates, to attend and represent 
this Commonwealth in the said proposed 
Convention, and have, by resolution of 
theirs of the 10th of March last, requested 
me to commission you for that purpose; 

Now, tJicrcfore, Know ye, That, in pur- 
suance of the resolutions aforesaid, I do, 
by these presents, commission you, the 
said Francis Dana, Elbridge Gerry, 
Nathaniel Gorham, Rufus King and 
Caleb Strong, Esqrs., or any three of 
you, to meet such Delegates as may be 
appointed by the other or any of the 
other States in the Union, to meet in 
Convention at Philadelphia, at the time 
and for the purposes aforesaid. 

In testimony whereof, I have caused 
the public seal of the Commonwealth 
aforesaid to be hereunto affixed. 

Given at the Council Chamber, in 
Boston, the 9th day of April, a. d. 1787, 
and in the eleventh year of the In- 
dependence of the United States of 
America. 

James Bowdoin. 

By his Excellency's command. 

John Avery, Jun., Secretary. 

STATE OF CONNECTICUT. 

At a General Assembly of the State 
of Connecticut, in America, holden at 



282 



HISTORY OF THE UNITED STATES IN FEDERAL UNION. Book II., c I 



Hartford, on the second Thursday cf 
May, a. d. 1787. 

[L. S.] 

An At for appointing Delegates to meet in Conven- 
tion of tin- States, to be held at Philadelphia, on tin- 
second Monday of May, infant. 

Whereas, The Congress of the United 
States, by their Act of 21st February, 
1787, have recommended that, on the 
second Monday of May, instant, a Con- 
vention of Delegates, who shall have 
been appointed by the several States, to 
be held at Philadelphia, for the sole and 
express purpose of revising the Articles 
of Confederation, — 

Be it enacted by the Governor, Council, 
and Representatives, in General Court as- 
sembled, and by the authority of the same, 
That the Hon. William Samuel Johnson, 
Roger Sherman, and Oliver Ellsworth, 
Esqrs., be, and they hereby are, ap- 
pointed Delegates to attend said Con- 
vention, and are requested to proceed to 
the city of Philadelphia for that purpose, 
without delay; and the said Delegates, 
and, in case of sickness or accident, such 
one or more of them as shall attend the 
said Convention, is and are hereby au- 
thorized and empowered to represent 
this State therein, and to confer with 
such Delegates appointed by the several 
States, for the purposes mentioned in the 
said .let of Congress, that may be present 
and duly empowered to sit in said Con- 
vention, and to discuss upon such alter- 
ations and provisions agreeably to the 
general principles of Republican Gov- 
ernment, as they shall think proper to 
render the Federal Constitution adequate 
to the exigencies of government and the 
preservation of the Union; and they 
are further directed, pursuant to the said 
Act of Congress, to report such alter- 
ations and provisions as may be agreed 
to by a majority of the United States 



represented in Convention, to the Con- 
gress of the United States, and to the 
General Assembly of this State. 

A true copy of record. Examined by 
George Willys, Secretary 

STATE OF NEW YORK. 

By his Excellency, George Clinton, 
Governor of the State of New York, Gen- 
eral and commander-in-chief of all the 
militia, and admiral of the navy of the 
same. 

[L. S.] 
To all to whom these presents shall come : 

It is by these presents certified, That 
John M'Kcsson, who has subscribed the 
annexed copies of resolutions, is clerk 
of the Assembly of this State. 

In testimony whereof, I have caused 
the privy seal of the said State to be 
hereunto affixed, this 9th day of May, in 
the 1 ith year of the Independence of the 
said State. 

George Clinton. 

State of New York — In Assembly, 
February 28, 17S7 — A copy of a resolu- 
tion of the honorable the Senate, de- 
livered by Mr. Williams, was read, and is 
in the words following, viz. : 

Resolved, If the honorable the Assem- 
bly concur therein, that three Delegates 
be appointed on the part of this State, 
to meet such Delegates as may be ap- 
pointed on the part of the other States 
respectively, on the second Monday in 
May next, at Philadelphia, for the sole 
and express purpose of revising the 
Articles of Confederation, and reporting 
to Congress and to the several Legis- 
latures, such alterations and provisions 
therein as shall, when agreed to in Con- 
gress, and confirmed by the several 
States, render the Federal Constitution 
adequate to the exigencies of govern- 



RESPONSES OF THE STATES. 



283 



mem and the preservation of the Union; 
and that in case of such concurrence, the 
two houses of the Legislature will, on 
Tuesday next, proceed to nominate and 
appoint the said delegates in like manner, 
as is directed by the Constitution of this 
State for nominating and appointing del- 
egates to Congress. 

Resolved, That this House do concur 
with the honorable the Senate in the said 
resolution. 

In Assembly, March 6, 1787. — Re- 
solved, That the Honorable Robert Yates, 
Esq., Alexander Hamilton, and John 
Lansing, Jr., Esqrs., be, and they are 
hereby, nominated by this House, dele- 
gates on the part of this State, to meet 
such delegates as may be appointed on 
the part of the other States, respectively, 
on the second Monday in May next, at 
Philadelphia, pursuant to concurrent 
resolutions of both houses of the next 
Legislature, on the 28th ultimo. 

Ordered, That Mr. A. Smith deliver a 
copy of the last preceding resolutions to 
the honorable, the Senate. 

A copy of a resolution of the hon- 
orable, the Senate, was delivered by Mr. 
Vanderbilt, that the Senate will immedi- 
ately meet this House in the Assembly 
Chamber, to compare the list of persons 
nominated by the Senate and Assembly, 
respectively, as delegates, pursuant to 
the resolutions before mentioned. 

The honorable, the Senate, accord- 
ingly attended the Assembly Chamber, 
tc compare the lists of persons nomi- 
nated for delegates, as above mentioned. 

The list of persons nominated by the 
honorable, the Senate, were the Hon. 
Robert Yates, John Lansing, Jr., and 
Alexander Hamilton, Esqrs., and on 
comparing the lists of the persons nom- 
inated by the Senate and Assembly re- 
spectively, it appeared that the same 



persons were nominated in both lists; 
thereupon, Resolved, That the Hon. 
Robert Yates, John Lansing, Jr., and 
Alexander Hamilton, Esqrs., be, and 
they are hereby, declared duly nomi- 
nated and appointed delegates, on the 
part of this State, to meet such delegates 
as may be appointed on the part of the 
other States, respectively, on the second 
Monday in May next, at Philadelphia, 
for the sole and express purpose of re- 
vising the Articles of Confederation, and 
reporting to Congress, and to the several 
Legislatures, such alterations and pro- 
visions therein, as shall, when agreed to 
in Congress, and confirmed by the sev- 
eral States, render the Federal Constitu- 
tion adequate to the exigencies of gov- 
ernment and the preservation of the 
Union. 

True extracts from the journals of the 
Assembly. 

John M'Kesson, Clerk. 

STATE OF NEW JERSEY. 

To the Hon, David Brearly, William Churchill 
Houston, William Patterson, and John jVeilson, 
Esqrs., Greeting. 

The Council and Assembly, reposing 
especial trust and confidence in your 
integrity, prudence and ability, have, at 
a joint meeting, appointed you, the said 
David Brearly, William Churchill Hous- 
ton, William Patterson, and John Neilson, 
Esqrs., or any three of you, commis- 
sioners, to meet such commissioners as 
have been, or may be, appointed by the 
other States in the Union, at the city of 
Philadelphia, in the Commonwealth of 
Pennsylvania, on the second Monday in 
May next, for the purpose of taking into 
consideration the state of the Union as 
to trade and other important objects, and 
of devising such other provisions as shall 
appear to be necessary to render the Con- 



284 



HISTORY OF THE UNITED STATES IX FEDERAL UNION. BookII.,c.« 



stitution of the Federal government ad- 
equate to the exigencies thereof. 

In testimony whereof, the great seal 
of the State is hereunto affixed. Wit- 
ness, William Livingston, Esq., governor, 
captain-general, and commander-in-chief 
in and over the State of New Jersey, 
and territories thereunto belonging, 
chancellor and ordinary in the same, at 
Trenton, the 23d day of November, 
in the year of our Lord 1786, and of our 
sovereignty and independence the I ith. 

William Livingston. 
By his Excellency's command — 

Howls Reed, Secretary. 

[Commissions exactly similar in sub- 
stance and purport were also given to 
Abraham Clark and Jonathan Dayton.] 

COMMONWEALTH OF PENN- 
SYLVANIA. 

An act appointing Deputies to the Convention intended 
to be held in the City of Philadelphia, for the pur- 
pose of m>ising the Federal Constitution. 

Sec. 1. Whereas, the General Assem- 
bly of this Commonwealth, taking into 
their serious consideration the represen- 
tations heretofore made to the Legisla- 
tures of the several States in the Union, 
by the United States in Congress assem- 
bled, and also weighing the difficulties 
under which the Confederated States 
now labor, are fully convinced of the 
necessity of revising the Federal Con- 
stitution, for the purpose of making such 
alterations and amendments as the ex- 
igencies of our public affairs require: 
and whereas, the Legislature of the 
State of Virginia have already passed an 
Act of that Commonwealth, empowering 
certain commissioners to meet at the 
city of Philadelphia in May next, a Con- 
vention of commissioners or deputies 
from the different States; and the Legis- 
lature of this State are fully sensible of 



the important advantages which may be 
derived to the United States and every 
of them from co-operating with the 
Commonwealth of Virginia and the other 
States to the Confederation, in the said 
design. 

Sec. 2. Be it enacted, and it is hereby 
enacted, by the representatives of the 
freemen of the Commonwealth of Penn- 
sylvania, in General Assembly met, and 
by the authority of the same, that Thomas 
Mifflin, Robert Morris, George Clymer, 
Jared Ingersoll, Thomas Fitzsimons, 
James Wilson, and Gouverneur Morris, 
Esqs., are hereby appointed deputies 
from this State to meet in the Conven- 
tion of the deputies of the respective 
States of North America, to be held at 
the city of Philadelphia, on the 2d day 
in the month of May next ; and the said 
Thomas Mifflin, Robert Morris, George 
Clymer, Jared Ingersoll, Thomas Fitz- 
simons, James W'ilson, and Gouverneur 
Morris, Esqs., or any four of them, are 
hereby constituted and appointed depu- 
ties from this State, with powers to meet 
such deputies as may be appointed and 
authorized by the other States, to assem- 
ble in the same Convention, at the city 
aforesaid, and join with them in devising, 
deliberating on, and discussing all such 
alterations and further provisions as may 
be necessary to render the Federal Con- 
stitution fully adequate to the exigencies 
of the Union, and in reporting such act 
or acts for that purpose to the United 
States in Congress assembled, as, when 
agreed to by them, and duly confirmed 
by the several States, will effectually 
provide for the same. 

Sec. 3. Be it further enacted by the au- 
thority aforesaid. That, in case any of 
the said deputies hereby nominated shall 
happen to die, or to resign his or their 
said appointment or appointments, the 



FESPOA'SES OF THE STATES. 



Supreme Executive Council shall be, and 
hereby are, empowered and required to 
nominate and appoint other person or 
persons, in lieu of him or them so de- 
ceased, or who has or have so resigned, 
which person or persons, from and after 
such nomination and appointment, shall 
be, and hereby are, declared to be vested 
with the same powers respectively as any 
of the deputies nominated and appointed 
by this act is vested with by the same. 
Provided always that the Council are not 
hereby authorized, nor shall they make, 
any such nomination and appointment, 
except in vacation and during the recess 
of the General Assembly of this State. 

Signed by order of the House. 
[l. s.] Thomas Mifflin, Speaker. 

Enacted into a law at Philadelphia, on 
Saturday, December 30th, in the year of 
our Lord 1786. 

Peter Zachary Lloyd, 

Clerk of the General Assembly. 

I, Matthew Irwine, Esq., Master of 
the Rolls of the State of Pennsylvania, 
do certify the preceding writing to be a 
true copy (or exemplification) of a certain 
act of assembly lodged in my office. 

In witness whereof, I have hereunto 
set my hand and seal of office, the 15th 
of May, a. d. 1787. 

[l. s.] Matthew Irwine, M. R. 

A supplement to the Act entitled "an Act appointing 
deputies to the convention intended to be held in the 
City of Philadelphia, for the purpose of Revising 
the Federal Constitution." 

Sec. i. Whereas, by the act, to which 
this act is a supplement, certain persons 
were appointed as deputies from this 
State, to sit in the said Convention ; And 
whereas, it is the desire of the General 
Assembly, that his Excellency, Benjamin 
Franklin, Esq., President of this State, 
should also sit in the said Convention, 
as deputy from this State ; therefore, 



285 

Sec. 2. Be it enacted, and it is hereby 
enacted, by the representatives of the free- 
men of the Commonwealth of Pennsylva- 
nia, in General Assembly met, and by the 
authority of the same, That his Excellency, 
Benjamin Franklin, Esq., be, and he is 
hereby appointed and authorized to sit 
in the said Convention as a deputy from 
this State in addition to the persons 
heretofore appointed; and he hereby is 
invested with like powers and authorities 
as are invested in the said deputies, or 
any of them. 

Signed by order of the House. 

Thomas Mifflin, Speaker. 

Enacted into a law at Philadelphia, on 
Wednesday, the 28th of March, in the 
year of our Lord 1787. 

Peter Zachary Lloyd, 

Clerk of the General Assembly. 

I, Matthew Irwine, Esq., Master of the 
Rolls for the State of Pennsylvania, do 
certify the above to be a true copy (or 
exemplification) of a supplement to a 
certain act of Assembly, which supple- 
ment is lodged in my office. 

In witness whereof, I have hereunto 
set my hand and seal of office, the 15th 
of May, a. d. 1787. 

[l. s.] Matthew Irwine, M. R. 

DELAWARE STATE. 
His Excellency, Thomas Collins, Esq., 
president, captain-general and command- 
er-in-chief of the Delaware State, 

To all to whom these presents shall come, Greeting: 

Know ye, that, among the laws of the 
said State, passed by the General Assem- 
bly of the same, on the 3d of February, 
in the year of our Lord 1787, it is thus 
enrolled: — 

[L. S.] 

" In the eleventh year of the independ- 
ence of the Delaware State. 



286 



HISTORY OF THE UNITED STATES IN FEDERAL UNION. Book II, c. 6 



"An Act appointing deputies from this State to the 
Convention proposed to be held in the City of Phila- 
delphia, for the purpose of revising the Federal Con- 
stitution." 

WHEREAS, the General Assembly of 
this State arc fully convinced of the 
necessity of revising the Federal Consti- 
tution, and adding thereto such further 
provisions as may render the same more 
adequate to the exigencies of the Union; 
And whereas, the Legislature of Virginia 
have already passed an act of that com- 
monwealth, appointing and authorizing 
certain commissioners to meet at the 
city of Philadelphia, in May next, a 
Convention of commissioners or deputies 
from the different States; and this State, 
being willing and desirous of co-operat- 
ing with the Commonwealth of Virginia 
and the other States in the Confedera- 
tion, in so useful a design : 

Be it therefore enacted by lite General 
Assembly of Delaware, that George Read, 
Gunning Bedford, John Dickinson, Rich- 
ard Bassett, and Jacob Broom, Esquires, 
arc hereby appointed deputies from this 
State to meet in the Convention of the 
deputies of other States, to be held at the 
city of Philadelphia, on the 2d of May 
next, and that the said George Read, 
Gunning Bedford, John Dickinson, Rich- 
ard Bassett, and Jacob Broom, Esquires, 
or any three of them, are hereby consti- 
tuted and appointed deputies from this 
State, with powers to meet such deputies 
as may be appointed and authorized by 
the other States to assemble in the said 
Convention at the city aforesaid, and to 
join with them in devising, deliberating 
on, and diseussing such alterations and 
further provisions as may be necessary 
to render the Federal Constitution 
adequate to the exigencies of the Union; 
and in reporting .such act or acts, for 
that purpose, to the United States in 
Congress assembled, as, when agreed to 



by them, and duly confirmed by the 
several States, may effectually provide 
for the same. So always provided, that 
such alterations or further provisions, or 
any of them, do not extend to that part 
of the 5th Article of the Confederation 
of the said State, finally ratified on the 
1st day of March, in the year 178 1, 
which declares that., "in determining 
questions in the United States in Con- 
gress assembled, each State shall have 
one vote." And be it enacted, that in 
case any of the said deputies hereby 
nominated shall happen to die, or resign 
his or their appointment, the president 
or commander-in-chief, with the advice 
of the privy council, in the recess of the 
General Assembly, is hereby authorized 
to supply such vacancies. 

Signed by order of the House of As- 
sembly. John Cook, Speaker. 

Signed by order of the Council. 

George Craghed, Speaker. 

Passed at Dover, February 3d, 1787. 

All and singular which premises, by 
the tenor of these presents, I have caused 
to be exemplified. In testimony whereof, 
I have hereunto subscribed my name, 
and caused the great seal of the said 
State to be affixed to these presents, at 
New Castle, the 2d day of April, in the 
year of our Lord 1 787, and in the 
eleventh year of the independence of the 
United States of America. 

Thomas Collins. 

Attest, James Booth, Secretary. 

STATE OF MARYLAND: 

An Act for the Appointment of, and conferring 
is on. Deputies from this St Ue to the t'ederat 
Convention. 

Be it enacted by the General Assem- 
bly of Maryland, That the Hon. James 
McHenry, Daniel of St. Thomas Jenifer, 
Daniel Carroll, John Francis Mercer, 



RESPONSES OF THE STATES. 



28? 



and Luther Martin, Esqrs., be appointed 
and authorized, on behalf of this State, 
to meet such Deputies as may be ap- 
pointed and authorized by any other of 
the United States, to assemble in Con- 
vention at Philadelphia, for the purpose 
of revising the Federal System, and to 
join with them in considering such alter- 
ations and further provisions as may be 
necessary to render the Federal Consti- 
tution adequate to the exigencies of the 
Union ; and in reporting such an Act for 
that purpose to the United States in 
Congress assembled, as, when agreed to 
by them, and duly confirmed by the 
several States, will effectually provide 
for the same ; and the said Deputies, or 
such of them as shall attend the said 
Convention, shall have full power to 
represent this State for the purposes 
aforesaid ; and the said Deputies are 
hereby directed to report the proceedings 
of the said Convention, and any act 
agreed to therein, to the next session of 
the General Assembly of this State. 

By the House of Delegates, May 26, 
1787. Read and assented to. 

By order, Wm. Harwood, Clerk. 

True copy from the original. 

Wm. Harwood, Clerk H. D. 

By the Senate, May 26, 1787. Read 
and assented to. 

By order, J. Dorsey, Clerk. 

True copy from the original. 

J. Dorsey, Clerk Senate. 
W. Smallwood. 

COMMONWEALTH OF VIRGINIA. 
Gerreral Assembly begun and held at 
the Public Buildings in the city of Rich- 
mond, on Monday, the 16th day of Oc- 
tober, in the year of our Lord 1786. 

An Act for appointing Deputies from this Common- 
wealth to a Convention proposed to be held in the 
City of Philadelphia, in May next, for the purpose 
of revising the Federal Constitution. 



Whereas, The Commissioners who 
assembled at Annapolis, on the 14th day 
of September last, for the purpose of 
devising and reporting the means of en- 
abling Congress to provide effectively 
for the Commercial interests of the 
United States, have represented the ne- 
cessity of extending the revision of the 
Federal System to all its defects, and 
have recommended that Deputies, for 
that purpose, be appointed by the several 
Legislatures, to meet in Convention in 
the City of Philadelphia, on the second 
Monday of May next — a provision which 
was preferable to a discussion of the 
subject in Congress, where it might be 
too much interrupted by the ordinary 
business before them, and where it would, 
besides, be deprived of the valuable 
counsels of sundry individuals who are 
disqualified by the Constitution or laws 
of particular States, or restrained by 
peculiar circumstances from a seat in 
that Assembly; and whereas, the Gen- 
eral Assembly of this Commonwealth, 
taking into' view the actual situation of 
the Confederacy, as well as reflecting on 
the alarming representations made, from 
time to time, by the United States in 
Congress, particularly in their Act of the 
15th day of February last, can no longer 
doubt the crisis is arrived at which the 
good people of America are to decide 
the solemn question — whether they will, 
by wise and magnanimous efforts, reap 
the just fruits of that Independence 
which they have so gloriously acquired, 
and of thai Union which they have ce- 
mented with so much of their common 
blood — or whether, by giving way to 
unmanly jealousies and prejudices, or to 
partial or transitory interests, they will 
renounce the auspicious blessings pre- 
pared for them by the Revolution, and 
furnish to its enemies an eventful triumph 



288 



HISTORY OF THE OX/ 7 ED STATES IX FEDERAL UXIOX. Book II.. c. S 



over those by whose virtue and valor it Congress, and to the Executives of each 



was accomplished ; and whereas, the 
same noble and extended poli-cy, and the 
same fraternal and affectionate senti- 
ments, which originally determined the 
citizens of this Commonwealth to unite 
with the brethren of the other States in 
establishing a Federal Government, can- 
not but be felt with equal force now as 
motives to lay aside every inferior con- 
sideration, and to concur in such further 
concessions and provisions as may be 
necessary to secure the great objects for 
which that Government was instituted, 
and to render the United States as happy 
in peace as they have been glorious in 
war : — 

Be it therefore enacted by the General 
Assembly of the Commonwealth of Vir- 
ginia, That Seven Commissioners be 
appointed, by joint ballot of both Houses 
of Assembly, who, or any three of them, 
are hereby authorized, as Deputies from 
this Commonwealth, to meet such Depu- 
ties as may be appointed and authorized 
by other States, to assemble in Conven- 
tion at Philadelphia, as above recom- 
mended, and to join with them in 
devising and discussing all such alter- 
ations and further provisions as may 
be necessary to render the Federal 
Constitution adequate to the exigencies 
of the Union ; and in reporting such an 
Act, for that purpose, to the United 
States in Congress, as, when agreed to 
by them, and duly confirmed by the 
several States, will effectually provide 
for the same. 

And be it further enacted, That in case 
of the death of any of the said Deputies, 
or of their declining their appointments, 
the Executive is hereby authorized to 
supply such vacancies ; and the Gover- 
nor is requested to transmit forthwith a 
copy of this Act to the United States in 



of the States in the Union. ' 
[Signed.] 
John Jones, Speaker of the Senate. 

Joseph Prentis, 
Speaker of the House of Delegates. 
A true copy of the enrolment. 

John Beckley, Clerk H. D. 

In the House of Delegates. 

Monday, the 4th of December, 1786. 

The House, according to the order of 
the day, proceeded, by joint ballot with 
the Senate, to the appointment of seven 
deputies from this Commonwealth to the 
Convention proposed to be held in the 
city of Philadelphia, in May next, for 
the purpose of revising the Federal Con- 
stitution ; and the members having pre- 
pared tickets, with the names of the 
persons to be appointed, and deposited 
the same in the ballot-boxes, Mr. Corbin, 
Mr. Matthews, Mr. David Stewart, Mr. 
George Nicholas, Mr. Richard Eee, Mr. 
Wills, Mr. Thomas Smith, Mr. Goodall. 
and Mr. Turberville, were nominated a 
committee to meet a committee from the 
Senate, in the conference chamber, ant? 
jointly with them to examine the ballot 
boxes, and report to the House or 
whom the majority of the votes should 
fall. The committee then withdrew, and 
after some time, returned into the House, 
and reported that the Committee had 
according to order, met a Committee 
from the Senate in the conference cham- 
ber, and jointly with them examined the 
ballot-boxes, and found the majority of 
votes in favor of George Washington, 
Patrick Henry, Edmund Randolph, John 
Blair, James Madison, George Mason, 
and George Wythe, Esqs. 

(Extract from the Journal.) 
Attest, John Beckley, 

Clerk House Delegates 



RESPONSES OF THE STATES. 



289 



in the House of Senators. 

Monday, the 4th of December, 1786. 

The Senate, according to the order of 
the day, proceeded, by joint ballot with 
the House of Delegates, to the appoint- 
ment of seven deputies, from this Com- 
monwealth, to a Convention proposed 
to be held in the city of Philadelphia, in 
May next, for the purpose of revising 
the Federal Constitution; and the mem- 
bers having prepared tickets, with the 
names of the persons to be appointed, and 
deposited the same in the ballot-boxes, 
Mr. Anderson, Mr. Nelson, and Mr. Lee, 
were nominated a Committee to meet a 
Committee from the House of Delegates, 
in the conference chamber, and jointly 
with them to examine the ballot-boxes, 
and report to the House on whom the 
majority of votes should fall. The 
Committee then withdrew, and, after 
some time, returned in to the House 
and reported that the Committee had, 
according to order, met a Committee 
from the House of Delegates, in the con- 
ference chamber, and jointly with them 
examined the ballot-boxes, and found a 
majority of votes in favor of George 
Washington, Patrick Henry, Edmund 
Randolph, John Blair, James Madison, 
George Mason, and George Wythe, 
Esqrs. 

(Extract from the Journal.) 

John Beckley, 
Clerk House Delegates. 
Attest, H. Brook, Clerk Senate. 

[l. s.] Virginia, to wit: 

I do hereby certify and make known, 
to all whom it may concern," that John 
Beckley, Esq., is clerk of the House of 
Delegates for this Commonwealth, and 
the proper officer for attesting the pro- 
ceedings of the General Assembly of the 
said Commonwealth, and that fml faith 
19 



and credit ought to be given to all things 
attested by the said John Beckley, Esq , 
by virtue of his office as aforesaid. 

Given under my hand as Governor of 
the Commonwealth of Virginia, and 
under the seal thereof, at Richmond, 
this 4th day of May, 1787. 

Edmund Randolph. 

[l. s.] Virginia, to wit: 

I do hereby certify, that Patrick 
Henry, Esq., one of the seven commis- 
sioners appointed by joint ballot of both 
Houses of Assembly of the Common- 
wealth of Virginia, authorized as a dep- 
uty therefrom to meet such deputies as 
might be appointed and authorized by 
other States to assemble in Philadelphia, 
and to join with them in devising and 
discussing all such alterations and fur- 
ther provisions as might be necessary to 
render the Federal Constitution adequate 
to the exigencies of the Union, and in re- 
porting such an act for that purpose to 
the United States in Congress as, when 
agreed to by them, and duly confirmed 
by the several States, might effectually 
provide for the same, did decline his ap- 
pointment aforesaid ; and thereupon; in 
pursuance of an act of the General As- 
sembly of the said Commonwealth, en- 
titled "An Act for appointing deputies 
from this Commonwealth to a Convention 
proposed to be held in the city of Phil- 
adelphia in May next, for the purpose 
of revising the Federal Constitution," I 
do hereby, with the advice of the Coun- 
cil of State, supply the said vacancy by 
nominating James McClurg, Esq., a 
deputy for the purposes aforesaid. 

Given under my hand, as Governor of 
the said Commonwealth, and under the 
seal thereof, this 2d day of May, in the 
year of our Lord 1787. 

Edmund Randolph. 



2 9 HISTORY 

STATE OF NORTH CAROLINA. 

To the Hon. Alexander Martin, Esq.,greeHng . 

WHEREAS, our General Assembly, in 
their late session holden at Fayetteville, 

by adjournment, in the month of Janu- 
ary last, did, by joint ballot of the Senate 
and House of Commons, elect Richard 
Caswell, Alexander Martin, William 
Richardson Davie, Richard Dobbs 
Spaight, and Willie Jones, Esqs., depu- 
ties to attend a Convention of delegates 
from the several United States of Amer- 
ica, proposed to be held at the city of 



OF THE UNITED STATES IN FEDERAL UNION. BookIL.c* 

STATE OF SOUTH CAROLINA. 



By his Excellency, Thomas Pinck- 

n v, Esq., Governor and Commander-in- 
chief, in and over the State aforesaid. 
To the Hon. John Rutledge, Esq., greeting: 

By virtue of the power and authority 
invested by the Legislature of this State, 
in their Act passed the 8th day of March 
last, I do hereby commission you, the 
said John kutledge, as one of the depu- 
ties appointed from this State, to meet 
such deputies or commissioners as may- 
be appointed and authorized by other of 



Philadelphia in May next, for the pur- the United States to assemble in Conven- 



pose of revising- the Federal Constitu 

tion: 

We do therefore by these presents 
nominate, commissionate and appoint 
you, the said Alexander Martin, one of 
the deputies for and in behalf, to meet 
with our other deputies at Philadelphia, 
on the ist of May next, or with them or 
any two of them, to confer with such 
deputies as may have been, or shall be 
appointed by the other States, for the 
purpose aforesaid: To hold, exercise 
and enjoy the appointment aforesaid, 
with all powers, authorities, and emolu- 
ments, to the same belonging, or in any 
wise appertaining, you conforming in 
every instance to the Act of our said 
Assembly, under which you are ap- 
pointed. 

Witness, Richard Caswell, Esq., our 
Governor, Captain-General, and Com- 
mander-in-chief, under his hand and our 
seal, at Kinston, the 24th day of Febru- 
ary, in the eleventh year of our inde- 
pendence, a. d. 1787. 

[Exactly similar commissions were 
given to each of the other delegates 
appointed, and upon the resignation of 
Richard Caswell, a similar one was given 
to William Blount.] 



tion, in the city of Philadelphia, in the 
month of May next, or as soon there- 
after as may be, and to join with such 
deputies or commissioners (they being 
duly authorized and empowered) in de- 
vising and discussing all such altera- 
tions, clauses, articles and provisions, as 
may be thought necessary to render the 
Federal Constitution entirely adequate 
to the actual situation and future good 
government of the Confederated States; 
and that you, together with the said 
deputies or commissioners, or a majority 
of themi, who shall be present (provided 
the State be not represented by less than 
two), do join in reporting such an act 
to the United States, in Congress assem- 
bled, as, when approved and agreed to 
by them, and duly ratified and confirmed 
by the several States, will effectually pro- 
vide for the exigencies of the Union. 

Given under my hand and the great 
seal of the State, in the city of Charles- 
ton, this ioth day of April, in the year 
of our Lord 1787, and of the sovereignty 
and independence of the United States 
of America the eleventh. 

[l, s.] Thomas Pinckney. 

By his Excellency's command. 

Peter Freneau, Secretary 



RESPONSES OF THE STATES. 



291 



["Commissions exactly similar in sub- 
stance and import were issued to Charles 
Pinckney, Charles Cotesworth Pinckney, 
and Pierce Butler.] 

STATE OF GEORGIA. 

By the Hon. George Matthews, Esq.. 
captain-general, governor, and com- 
mander-in-chief, in and over the State 
aforesaid. 

To all to whom these presents shall come, greeting: 

Know Ye, That John Milton, Esq., 
who hath certified the annexed copy of 
an ordinance, entitled "An ordinance for 
the appointment of deputies from this 
State, for the purpose of revising the 
Federal Constitution," is secretary of the 
said State, in whose office the archives 
of the same are deposited ; therefore, all 
due faith, credit, and authority are, and 
ought to be, had and given the same. 

In testimony whereof, I have here- 
unto set my hand, and caused the great 
seal of the said State to be put and 
affixed at Augusta, the 24th day of 
April, in the year of our Lord 1787, and 
of our sovereignty and independence the 
eleventh. 

[l. s.] George Matthews. 

By his honor's command. 

J. Milton. 

An ordinance for the appointment of deputies from 
this State for the purpose of rez'ising the Federal 
Constitution : 

Be it ordained by the Representatives of 
the freemen of the State of Georgia, in 
General Assembly met, and by authority 
of the same, That William Few, Abraham 
Baldwin, William Pierce, George Wal- 
ton, William Houston, and Nathaniel 
Pendleton, Esqs., be and they are hereby 
appointed commissioners, who, or any 
two or more of them, are hereby autho- 
rized as deputies from this State to meet 



such deputies as may be appointed and 
authorized by other States, to assemble 
in convention at Philadelphia, and to 
join with them in devising and dis- 
cussing all such alterations and further 
provisions as may be necessary to render 
the Federal Constitution adequate to 
the exigencies of the Union, and in re- 
porting such an act for that purpose to 
the United States in Congress assem- 
bled as, when agreed to by them, and 
duly confirmed by the several States, 
will effectually provide for the same. 
In case of the death of any of the said 
deputies, or of their declining their ap- 
pointments, the executive is hereby au- 
thorized to supply such vacancies. 

Signed, Wm. Gibbons, Speaker. 
By order of the house. 
Augusta, the 10th February, 1787. 

Georgia, Secretary's Office. 
The above is a true copy from the 
original ordinance deposited in my 
office. 

J. Milton, Secretary. 

Augusta, 24th April, 1787. 

The State of Georgia, by the grace of 
God, Free, Sovereign and Independent. 

To the Hon. William Fe-L, Esq. 

Whereas, you, the said William Few, 
are, in and by an Ordinance of the Gen- 
eral Assembly of our said State, nomi- 
nated and appointed a Deputy to rep- 
resent the same in a Convention of the 
United States, to be assembled at Phila- 
delphia, for the purpose of devising and 
discussing all such alterations and further 
provisions as may be necessary to render 
the Federal Constitution adequate to the 
exigencies of the Union. 
■ You are, therefore, hereby commis- 
sioned to proceed in the duties required 
of you in virtue of the said ordinance. 



JQ2 



IIISTOFY OF THE UNITED STATES TV FEDERAL UNION. 



r * n 



Witness our trusty and well-beloved 
George Matthews, Esq., our Captain- 
General, Governor, Commander-in-Chief, 
under his hand and our great seal, this 
17th day of Apr.l, in the year of our 
Lord 1787, and of our Sovereignty and 
Independence the eleventh. 

[l. s.] George Matthews. 

By his honor's command. — 

J. Milton, Secretary. 

Commissions exactly similar in sub- 
stance and purport were also issued 




o 



(jS<YJftC- 



to William Pierce and William Hous- 
ton. 

The language of all these responses is 
clear, distinct, and unmistakable. The 
object of all was to send delegates to 
meet a General Federal Convention, with 
the sole and express purpose of revising 
the Articles of Confederation, and to 
render that Con ti'.ition adequate to the 
exigencies of government. 

In the next chapter will appear a full 
history of the action of the Convention. 




CHAPTER VII. 

THE FEDERAL CONVENTION OF 1 787. 

Distinguished men composing the body — Nationals 
and Federals — Randolph, Madison, Wilson, and 
Hamilton lead the Nationals — Patterson, Pinck- 
ney, Johnson, Sherman, Bedford, and Ellsworth 
lead the Federals — The contest was whether the 
government should continue under the Federal 
Union as States, or the sovereignty of all the States 
merge into a consolidated single Republic — The 
Federals triumphed — The revised Constitution 
adopted unanimou?dy by twelve States — Changes 
made in it, quite as important in regard to new 
machinery and division of powers, as in th 
of new powers — The character ol the government 
not changed — De Tocqueville's and Lord ! 
ham's views of the new system. 



HE General Convention for a re- 
vision of the Articles of Union 
between the States, called as 
related in the last chapter, met 
in Philadelphia on the 14th of 
May, 1787. It was unquestionably the 
ablest body of jurists, legislators, and 
statesmen that had ever assembled on 
the continent of America. 

Among the more prominent of these 
may be named — Samuel Johnson, Roger 
Sherman, and Oliver Ellsworth, of Con- 
necticut; Dunning Bedford and George 
Read, of Delaware; William Few, George 
Walton and Abraham Baldwin, of Geoi- 
gia; Daniel Carroll, James McHenry, and 
Luther Martin, of Maryland; Nathaniel 
Gorham, Caleb Strong, Elbridge Gerry, 
and Rufus King, of Massachusetts ; John 
Langdon and Nicholas Gilman, of New 
Hampshire; Jonathan Dayton, William 
Livingston, and William Patterson, of 
New Jersey; John Lansing, Robert Yates 
and Alexander I [amilton, of New York ; 
Alexander Martin, Richard D. Spaight, 
and William R. Davie, of North Caro- 
lina; Robert Morris, Gouverneur Morris, 
James Wilson, and Benjamin Franklin, 
of Pennsylvania; John Rutledge, Pierce 



FEDERAL CONVENTION OF 1787. 



293 



Butler, Charles Pinckney, and Charles 
Cotesworth Pinckney, of South Carolina ; 
Edmund Randolph, George Mason, James 
Madison, and George Washington, of Vir- 
ginia. Patrick Henry was opposed to the 
general objects of the Convention, and 
therefore declined any participation in its 
action. Mr. Jefferson was Minister to 
France, and not in the country at the time. 

Washington was unanimously chosen 
president of the body, and William 
Jackson, secretary. On all questions, as 
in the Congress, the vote was taken by 
States, without regard to the number of 
Deputies or Delegates from each respec- 
tively. 

It was soon discovered that a con- 
siderable number were in favor of disre- 
garding the specific objects for which 
the Convention had been called, and in- 
stead of revising the Articles of Union, 
were in favor of presenting an entirely 
new plan of government for public con- 
sideration. The leading spirits of this 
class were Hamilton, of New York; 
King, of Massachusetts ; the two Mor- 
rises and Wilson, of Pennsylvania; Ran- 
dolph and Madison, of Virginia. The 
controlling idea of this class was to do 
away with the Federative feature in the 
Constitution, and to merge the separate 
sovereignties of the several States into 
one Incorporate Union; and thus to 
form, of all the States, one single national 
republic, instead of a Federal republic 
of distinct States. 

The great vice or evil under the Con- 
stitution, as it then existed, which was 
generally admitted, was, that many of 
the laws of the Union applied only to 
States, in their corporate capacity, and 
did not act directly upon the people on 
the subjects constitutionally embraced in 
them. As the Constitution then stood, 
many of the acts of the Congress were 



binding primarily only on the States, 
and required the subsequent action of 
the State Legislatures to carry them into 
effect. Thus, when all the States, " in 
Congress assembled," enacted that cer- 
tain quotas of money should be raised 
by the States respectively, the collection 
of the amount required of each depended 
upon the subsequent action of its Legis- 
lature. This was a very serious evil, as 
some of the States were slow in raising 




their quotas. How it could be avoided 
with the preservation of a Federal system 
was a problem which few seemed to 
understand. History afforded no light 
upon the subject. 

To remedy this evil, and still pre- 
serve the Federal system, Mr. Jeffer- 
son, the minister to France, had sug- 
gested a new idea to Mr. Madison ir 
a letter from Paris on the 16th of D. 
cembcr, 1786.* 

* Ante, chapter v., p. 278. 



294 



HISTORY OF THE UNITED STATES IN FEDERAL UNION. Book II., a 7 



This idea was that the "Federal 
Head" could, by proper changes In the 
Constitution, be enabled to exercise 
its functions efficiently, by a division 
of the powers conferred on it into three 
departments — " Legislative, Executive 
and Judiciary" — and with an organized 
Federal machinery for their direct ex- 
ecution on individuals, within a pre- 
scribed sphere, similar to the like or- 
ganizations of the State governments 
in their more general sphere. 




In this way the States would continue 
to be "one nation as to all foreign con- 
cerns," and still remain "distinct as to 
all domestic ones." 

The idea of a division of the powers 
of the government into the three depart- 
ments named, in any changes that might 
be proposed, was very generally enter- 
tained on all sides at the time of the 
meeting of the Convention; but on 
what basis, National or Federal, was 
tne vexed question. 



Four general propositions or plans 
were submitted — two on the National 
basis, and two on the Federal. The 
first of the former was by Mr. Randolph, 
and known as the Virginia plan.* It 
was founded upon the principle of doing 
away with the Federal system entirely, 
and providing for the establishment of 
a single representative republic, with a 
division of the powers of the govern- 
ment into three departments. 

The other proposition on the National 
line was submitted by Colonel Hamilton. 
His plan embodied the same general 
ideas as that of Mr. Randolph. It 
differed from it mainly in details. f 

On the Federal side two propositions 
were also submitted. One, by Mr. Pat- 
terson, of New Jersey,! which proposed 
only to delegate a few additional powers 
to Congress, without any other change ; 
and the other by Mr. Charles Pinckney. 
Mr. Pinckney's plan provided not only 
for the delegation of additional powers, 
such as to levy duties on foreign imports, 
and to regulate commerce with foreign 
nations, and for a division of the powers 
delegated into the three departments 
named ; but it also provided a complete 
machinery for the execution of all the 
Federal powers conferred by a Federal 
organization, similar to that of the States, 
and by which the Federal character of 
the government would be retained as 
suggested by Mr. Jefferson. 

The Convention (sitting with closed 
doors in all their proceedings) first took up 
the Virginia plan, as it was called. They 
considered it in committee of the whole. 

The first of the scries of the resolu- 
tions setting forth this plan which came 
to a vote was in these words: 

*See Journal of Convention, Elliot's Debates, vol. 
i.,p. 143. 

f Ibid., p. 179. \ Ibid., p. 175. 



FEDERAL CONVENTION OF 1787. 



295 



"Resolved, That it is the opinion of 
this committee that a national govern- 
ment ought to be established, consisting 
of a supreme Legislative, Judiciary, and 
Executive." 

This was on the 30th of May. 
The resolution was adopted by the 
committee, voting by States. Only 
eight States were present at the time. 
The yeas were, Massachusetts, Pennsyl- 
vania, Delaware, Virginia, North Caro- 
lina, South Carolina, six; nay, Con- 
necticut, one; divided, New York, one.* 
The Convention then went through with 
the Virginia plan, and perfected it on 
the basis of a national government, or a 
single republic, in contradistinction to 
a federal union of separate States. 

Afterwards, on the 20th of June, when 
the report from the committee of the 
whole came up for consideration in the 
House, and when eleven States were 
present (the New Hampshire delegation 
still being absent), this resolution was 
disagreed to, and on motion of Mr. Ells- 
worth the word " National " was unani- 
mously stricken out, and the words 
" Government of the United States " 
substituted in its place, f 

This indicated clearly that a majority 
of the States did not intend to depart from 
the federal system. The whole of Mr. 
Randolph's plan was then gone through 
with in the House, and the word "Na- 
tional " was stricken out, with a substitu- 
tion of the words " Government of the 
United States " in its place, wherever it 
occurred. It was now found that Mr. 
Pinckney's plan in the main was the only 
one that could be adopted. By his plan 
all federal legislative power delegated 
was still to be vested in the Congress 
of the United States ; but this Congress 

*See Journal, Elliot's Debates, vol. i., p. 151. 
f Ibid, p. 183. 



itself was to be divided into two branches, 
an upper and a lower House; the con- 
currence of both of which was to be 
necessary to the passage of any law or 
public measure. 

The great contest between the Na- 
tionals and Federals was now on the 
question of the suffrage of the States in 
the two proposed Houses of Congress. 
By many of the Federals it was insisted 
that the vote in each should be as it was 
in the old Constitution; that is, that the 
vote in each House on all questions 




ALEXANDER HAMILTON. 

should be by States, and without regard 
to the number of their Representatives 
in either. On the National side it was 
most persistently maintained, that, in 
view of the great disparity in population 
and wealth between the smaller and 
larger States, this equality of political 
power should not be retained in either 
House. 

A majority of the Federals finally 
yielded the point as to the House, but 
would not yield an equal voice on the 
part of the several States in the Senate. 



296 



HISTORY OF THE UNITED STATES IX FEDERAL UNION. Book II., cl 



They were determined to maintain an 
equality of political power in the States 
severally, in whatever form the Consti- 
tution might be amended. On the first 
test vote, to allow each State an equal 
vote in the Senate, the States stood five 
for it. and five against it, with one di- 
vided* The yeas were, Connecticut, 
New York, New Jersey, Delaware, 
Maryland, five; nays, Massachusetts, 
Pennsylvania, Virginia, North Carolina, 
South Carolina, five; divided, Georgia, 




BENJAMIN FRANKLIN. 

one. Eleven States only then, as before, 
were present. New Hampshire was still 
absent. This was on the 2d of July, 
and it was at this stage of the proceed- 
ings that Mr. Bedford announced the 
position of the Federals in these words: 
"That all the States at present are 
equally sovereign and independent has 
been asserted from every quarter in this 
House. The small States never can 



Journal, Elliot's Debates, vol. i., p. 193. 



agree to the Virginia plan, and why, then, 
is it still urged? Let us then do what 
is in our power — amend and enlarge the 
Confederation, but not alter the Federal 
system." * 

It was at this period of their delibera- 
tions, when they had come to a dead- 
lock on this vital point, and it seemed 
likely that nothing would be done in the 
then temper of the Convention, Dr. 
Franklin moved for prayers. 

The Virginia plan was Governor Ran- 
dolph's National plan. 

It was after this dead-lock to which 
the Convention had come, between the 
Nationals and the Federals, and after 
this speech of Mr. Bedford, and like 
speeches of others, and after it was well 
ascertained that nothing could be done 
on the National line, that a grand com- 
mittee was raised, consisting of one 
member from each State, to see if any 
compromise could be effected. The 
committee consisted of Messrs. Gerry, 
of Massachusetts, Ellsworth, of Con- 
necticut, Yates, of New York, Paterson, 
of New Jersey, Dr Franklin, of Penn- 
sylvania, Bedford, of Delaware, Martin, 
of Maryland, Davie, of North Carolina, 
Rutlcdge, of South Carolina. 

Mr. Yates has given an exceedingly 
interesting account of the proceedings 
of this grand committee.f 

" The grand committee," says he, 
" met July 3. Mr. Gerry was chosen 
Chairman. The committee proceeded 
to consider in what manner they should 
discharge the business with which they 
were entrusted. By the proceedings in 
the Convention they were so equally 
divided on the important question of 
representation in the two brandies, that 

* 1. Madison Papers, p. l93,or, War Between the 
States, vol. i., p. 130. 

j- Elliot's Debates, vol. i., p. 477. 



FEDERAL CONVENTION OF 17S7. 



297 



the idea of a conciliatory adjustment 
must have been in contemplation of the 
House in the appointment of this com- 
mittee. But still, how to effect this sal- 
utary purpose was the question. Many 
of the members, impressed with the util- 
ity of the General Government, con- 
nected with it the indispensable necessity 
of a representation from the States ac- 
cording to their numbers and ivcalth ; 
while others, equally tenacious of the 
rights of the States, would admit of no 
representation but such as was strictly 
Federal, or, in other words, equality of 
suffrage. 

" This brought on a discussion of the 
principles on which the House had di- 
vided, and a lengthy recapitulation of 
the arguments advanced in the House in 
support of these opposite propositions. 

"As I had not openly explained my 
sentiments on any former occasion on 
this question, but constantly, in giving 
my vote, showed my attachment to the 
National government on Federal princi- 
ples, I took this occasion to explain my 
motives, 

" These remarks gave rise to a motion 
of Dr. Franklin, which, after some modi- 
fication, was agreed to, and made the 
basis of the following report of the com- 
mittee : 

'"The committee to whom was re- 
ferred the eighth resolution reported from 
the committee of the whole House, and 
so much of the seventh as had not been 
decided on : 

" ' That the subsequent propositions 
be recommended to the Convention, on 
condition that both shall be generally 
adopted. 

" ' That in the first branch of the legis- 
lature, each of the States now in the 
Union be allowed one member for every 
forty thousand inhabitants of the descrip- 



tion reported in the seventh resolution 
of the committee of the whole House.* 
That each State not containing that 
number shall be allowed one member. 

" ' That bills for raising or appropriating 
money, and for fixing salaries for the 
officers of the government of the United 
States, shall originate in the first branch 
of the Legislature, and shall not be 
altered or amended by the second branch ; 
and that no money shall be drawn from 
the public treasury but in pursuance of 
appropriations to be originated in the 
first branch. 

" ' That in the second branch of the 
Legislature each State shall Jiave an equal 
vote: " 

This report was the basis of the great 
compromise, as it was called, between 
the two distinct parties in the Convention 
— the Nationals and the Federals. It 
disclosed the nature and extent of the 
contest. To some it seemed to be a fair 
adjustment of the question ; but not so 
thought the vigilant sentinels and guar- 
dians of the sovereignty of the States. 
On close scrutiny they perceived that it 
conceded the absolute power of the 
popular branch of the Congress over the 
States in the Senate on one class of 
measures. By it the Senate was pro- 
hibited from altering or amending revenue 
and appropriation bills. This principle 
a majority of the States would not yield. 
The right of the States to hold an abso- 
lute negative in their own hands in all 
cases they would not give up. The first 
part of this report, after being elaborately 
discussed, and after it was ascertained 
that it could never receive the sanction 
of a majority of the States, was recom- 
mitted to a committee of five appointed 

*The seventh resolution of the committee had 
fixed the "three-fifths : ' or Federal ratio of represen- 



298 



HISTORY OF THE UNITED STATES IN FEDERAL UNION BookH.,c. 



by ballot.* It consisted of Mr. G. Mor- 
ris, Mr. Gorham, Mr. Randolph, Mr. 
Rutledge, and Mr. King. Their report 
was also discussed, and failed to receive 
the sanction of a majority of the States. 
The subject was then recommitted to 
another grand committee consisting of 
one from each State. This committee, 
too, was appointed by ballot. Mr. King 
was at the head of it. Their report was 
finally agreed to. This fixed the number 
of members to which each State should 



securing to the States severally an equal 
vote in the Senate, was agreed to. This 
report of the second grand committee 
was not adopted, however, without 
another struggle. Before the question 
was taken on agreeing to it, it was moved 
that instead of an equality of votes in the 
Senate the States should be represented 
in that body, as follows: 

New Hampshire by two members, 
Massachusetts four, Rhode Island one, 
Connecticut three, New York three, New 
Jersey two, Pennsylvania four, Dela- 
ware one, Maryland three, Virginia five, 
North Carolina three, South Carolina 
three, Georgia two; making in the 
whole thirty-six senators.* 

Mr. Wilson, Mr. Madison, and the 
Nationals generally urged it as a last 
hope of getting as near what they de- 
sired as possible. Some of the Federals 
were not disinclined to accede to it as a 
compromise; as it secured the represen- 
tation of the sovereignty of the States, 
though not equally. Amongst these 
was Mr. Gerry, of Massachusetts. But 
not so the unyielding majority. 

" Mr. Ellsworth asked two questions: 
one of Mr. Wilson, whether he had ever 
seen a good measure fail in Congress for 
want of a majority of the States in its 
favor; the other of Mr. Madison, whether 
a negative lodged with a majority of the 
States, even the smallest, could be more 
dangerous than the qualified negative to 
be lodged in a single executive magis- 
as it stands in the Constitution. Nine trate, who must be taken from some one 
States voted in favor of it, and two — State.f 

South Carolina and Georgia — against it.f " Mr. Sherman, of Connecticut, urged 
The clause in the first report that gave 1 the equality of votes, not so much as a 
the House of Representatives absolute security for the small States as for the 
power over money bills, etc., was aban- State governments, which could not be 
doned. The latter part of the first report, preserved unless they were represented. J 




:% 



be entitled in the first House of Repre- 
sentatives, and provided for future appor- 
tionments according to population, etc., 



* See Journal, Elliot's Debates, vol. 
f Jbid., p. 199. 



'•> I'- '95- * Elliot's Debates, vol. i., p. 205. 

f Madison papers, vol. ii., p. II06. \ Ibid., p. 1098. 



FEDERAL CONVENTION OF 17S7. 



299 



" Mr. Dayton declared that the smaller 
States could never give up their equality; 
that for himself he would in no event 
yield that security for their rights.* 

" Dr. Johnson, of Connecticut, would 
consent for numbers to be represented in 
one branch, but the States must be in the 
other." f 

So after the long struggle, the final re- 
port of the second grand committee on 
this subject was adopted, which retained 
to the States an equal vote in the Senate, 
the same equality under the new Consti- 
tution which they had under the former 
Articles of Confederation, and a repre- 
sentation in the House as is set forth in 
the Constitution. The complete nega- 
tive of a majority of the States in the 
Senate was secured. So it was "nomi- 
nated in the bond " of this " more perfect 
Union." In this, as in the old, it was 
provided that each State as a State 
should have an equal vote; and that no 
law or public measure could pass against 
a vote of a majority of the States. There 
was no contest or conflict in this Con- 
vention over the three-fifths ratio of rep- 
resentation. It was agreed to by general 
consent in the early days of the proceed- 
ings, as will hereafter appear; but after 
many votes and protracted discussions 
on other points, the plan of Mr. Pinck- 
ney, in the main, was adopted as the 
new Constitution to be proposed to the 
States for ratification. J 

Mr. Lansing and Mr. Yates, of New 
York, and Mr. Martin, of Maryland, had 
left, believing that no satisfactory adjust- 
ment would be made on a Federal basis. 
Most of the Nationals, after their de- 
feat on the main point of their struggle, 
with a patriotism seldom exhibited, 



* Madison pnpers, vol. ii., p. 1098. 
f Ibid., p. 987. 
J bee Appendix C, Constitution of the United States. 



gracefully yielded their opposition, and 
afterwards devoted all their powers to re- 
vising the Articles of Confederation, and 
in perfecting the plan submitted by Mr. 
Pinckney. This was especially the case 
with Mr. Madison, Mr. Wilson, and Col- 
onel Hamilton. All the essential features 
of the old Constitution were preserved. 
Some very important changes in detail 
were made. These consisted chiefly in 
the new organization, and new machinery 
introduced for the execution of the 
Federal powers within the sphere of their 
limitation. The new delegations of power 
were also of an important character, but 
few in number. The following are the 
principal ones of these: 

1st. The power of the States, in Con- 
gress assembled, to raise revenues by 
duties upon imports, etc. ; and to lay taxes 
directly upon the people of the several 
States, to be apportioned on the "three- 
fifths " basis of population. 

2d. The power to make uniform rules, 
to be observed in all the States, for the 
admission of aliens to citizenship in the 
several States, and like uniform rules 
regulating bankruptcy. 

3d. The power to regulate commerce 
with foreign nations and among the sev- 
eral States. 

4th. The power to promote the pro- 
gress of science and useful arts by se- 
curing for limited times, to authors and 
inventors, the exclusive right to their 
writings and discoveries. 

Besides these, there is hardly a new 
power delegated in the new Constitution 
of sufficient importance to need special 
notice. 

The covenants between the States, 
imposing restraints and assuming obliga- 
tions, were almost in the same language 
throughout both instruments. Amongst 
the new restraints the most important are: 



3°o 



HISTORY OF THE UNITED STATES IN FEDERAL UNION. Book II. 



ist. That no State shall emit bills of 
credit, or make anything but gold and 
silver a legal tender in the payment of 
debts; pass any bill of attainder, or ex 
post facto law ; or law impairing the ob- 
ligation of contracts; or grant any title 
of nobility. 

2d. No State shall, without the con- 
sent of Congress, lay any imposts or 
duty upon imports, exports, etc. 

Of all the new obligations assumed by 
the States, the most important and one 







without which it was universally ad- 
mitted the amended Constitution would 
not have been agreed to, is that which 
provides for the rendition of fugitives 
from service from one State to another. 

This was on the same principle as the 
rendition of fugitives from justice, in the 
original Articles of Confederation. 

One other change in the mutual cov- 
enants needs special notice. This re- 
lates to the manner in which the Consti- 
tution thereafter should be amended. 



Unanimity on the part of the States was 
no longer to be necessary to carry an 
amendment, but this could be effected 
by a vote of three-fourths of the States, 
with a proviso, that no amendment 
should ever be made which would de- 
prive any State of its equal suffrage in 
the Senate. On the principle thus agreed 
to, as to future changes in the organic 
law of the Union, it was further cove- 
nanted that, 

" The ratification of the Conventions 
of nine States shall be sufficient for the 
establishment of this Constitution be- 
tween the States so ratifying the same." 

The great object in framing the new 
Constitution, as the old, was to secure 
not only the general welfare, but the in- 
estimable right of local self-government 
by the people of the several States, which 
was the controlling object in their com- 
mon struggle for and achievement of 
their independence. 

The Constitution so. formed finally 
received the unanimous assent of all the 
twelve States present in the Convention, 
on the 17th of September, 1787. 

Mr. Randolph refused to sign the plan 
adopted, because the federal feature was 
retained. Some other individual mem- 
bers refused to sign for different reasons. 

The result of the four months' work 
of this most eminent body — the proposed 
new Constitution — was then sent, with a 
letter prepared by the Convention, and 
signed by Washington as its President, 
to the Congress then in session at New 
York ; and by them it was submitted to 
the States severally for their separate 
consideration and action, as had been 
provided in the call for the Convention. 

Mr. Madison, Colonel Hamilton, and 
Mr. John Jay, of New York, distin- 
guished Nationals at first, now entered 
upon a most zealous advocacy of the 



FEDERAL CONVENTION OF 1787. 



301 



^mended federal system as proposed. 
They wrote a series of very able articles 
explaining its provisions, over the signa- 
ture of "Publius," which was afterwards 
put in book form, and known as the 
" Federalist." In one of these papers, 
Mr. Madison, with great point and truth, 
said of the new Constitution: 

" The change consists much less in 
the addition of new powers to the Union 
than in the invigoration of its original 
powers." 

By the terms of the plan proposed, it 
was to go into operation on the 4th of 
March, 1789, between any nine of the 
States which should ratify it by that 
time. In point of fact, it was adopted 
and ratified by Conventions duly called 
in all the States, except North Carolina 
and Rhode Island, before the close of 
the year 1788. 

In Virginia, Pennsylvania, New York 
and Massachusetts, it was strongly op- 
posed upon various grounds; chiefly, 
however, because it was thought that in 
none of its provisions was there a suffi- 
cient guard against the assumption of 
undelegated power on the part of federal 
functionaries, by construction and impli- 
cation. This was the position of 
Patrick Henry, who headed the opposi- 
tion in the Virginia Convention, as will 
hereafter be seen. In seven of the 
States ratifying it, Massachusetts leading 
and Virginia following, various important 
amendments covering these alleged de- 
fjcts were insisted upon ; and the ratifi- 
cation was carried in these State Conven- 
tions with the assurance that these 
amendments would soon be incorporated 
in the instrument. One of these was, 
that 

" The powers not delegated to the 
fJnited States by the Constitution, nor pro- 



hibited by it to the States, are reserved to 
the States respectively, or to the people." 
In the Massachusetts Convention, 
Mr. Samuel Adams said of this amend- 
ment : 

" It is consonant with the second arti- 
cle in the present Confederation, that 
each State retains its sovereignty, free- 
dom and independence, and every power, 
jurisdiction, and right, which is not, by 
this Confederation, expressly delegated 
to the United States in Congress as- 
sembled." 

It may be proper to state here that 
this amendment, with nine others in- 
sisted on in like manner, was soon after- 
wards unanimously adopted by the 
States, and thus became part of the 
Constitution. 

The system, as a whole, presented the 
most perfect model of a " Confederated 
Republic," as Washington styled it, 
ever before established by the wisdom 
of men. Its new features and striking 
peculiarities were without example or a 
parallel in the annals of history.* Its 
wonderful and matchless framework in 
these particulars has attracted the atten- 
tion and excited the admiration of men of 
the greatest learning and highest states- 
manship throughout the civilized world. 
M. deTocqueville, a French philosopher 
of great research, after a thorough study 
of its nature, character, and workings, 
said of it many y ears ago in his work 
entitled "Democracy in America:" 

"This Constitution, which may, at 
first, be confounded with Federal Con- 
stitutions, which have preceded it, rests, 
in truth, upon a wholly novel theory 
which may be considered a great dis- 
covery in modern political science. In 
all the Confederations which pre- 
* See Article on Government, Appendix E., p.928 



;j2 



HISTORY OF THE UNITED STATES IN FEDERAL UNION. Book II., e. 7 



ceded the American Constitution of 
1739, the allied States, for a common 

object, agreed to obey the injunctions of 
a Federal government; but they re- 
served to themselves the right of ordain- 
ing and enforcing the execution of the 
laws of the Union. The American 
States, which combined in 1789, agreed 
that the Federal government should not 
only dictate, but should execute its own 
enactments. In both cases the right is 
the same, but the exercise of the right is 
different; and this difference produced 
the most momentous consequences." * 

Further on he says: "The new word 
which ought to express this novel thing 
does not yet exist. The human under- 
standing more easily invents new things 
than new words, and we are hence con- 
strained to employ many improper and 
inadequate expressions." 

The novel theory here referred to is 
that indicated by Mr. Jefferson, of a di- 
vision of the delegated powers into 
Legislative, Executive and Judiciary 
departments, with an organization and 
machinery in the conventional govern- 
ment thus formed, for the full exercise 
of all its delegated and limited powers, 
within its prescribed sphere, similar to 
those of the States creating it. This is 
the peculiar specific difference between 
the Federal Republic of the United 
States and all others of similar general 
type, to which Lord Brougham also 
alludes in his "Political Philosophy," 
when he says, in speaking of the gov- 
ernment of the United States: 

"It is not at all a refinement that a 
Federal Union should be formed; this is 
the natural result of men's joint opera- 
tions in a very rude state of society. 



*De Tocfjueville's Democracy in America, vol. i., 
p. 198. See, also, War Between tfye States, vol. i., p. 
4S4, et seq. 



But the regulation of such a Union upon 
pre-established principles, the formation 
of a system of government and legisla- 
tion in which the different subjects 
shall be not individuals but States, the ap- 
plication of Legislative principles to such 
a body of States, and the devising means 
for keeping its integrity as a Fedcracy, 
while the rights and powers of the indi- 
vidual States are maintained entire, is 
the very greatest refinement in social 
policy to which any state of circum-. 
stances has ever given rise, or to which 
any age has ever given birth." * 

The Federal Union under the new 
Constitution is indeed without a proto- 
type in history. The Union under the 
first Articles of Confederation was what 
the Germans styled a staaten-bund ; but 
the Union under the new Constitution 
was far from being what they termed a 
Bundesstaadt ; that is, an " incorporate " 
Union of several States.f As Dc Tocque- 
ville says, the proper or appropriate spe- 
cific name for it has not yet been dis- 
covered. One very peculiar charac- 
teristic of the system, as well- as the 
entire system of American State govern- 
ments, is that the supreme power of the 
several Departments of Government, the 
Legislative, Judicial, and Executive, are 
not only separate, but independent of 
each other ; they are co-ordinate and 
equal, neither is subordinate to the other; 
the Legislative is superior in its proper 
sphere of action — so the Judiciary, and 
so the Executive. More will be said on 
that part hereafter. 

According to the provisions of the new 
Constitution, the Chief Executive, desig- 
nated as President, and an alternate des- 
ignated as Vice-President, were to be 
elected by Colleges of Electors, to be 

*See Brougham's Political History, vol. iii., p. 3j6. 
f See War Between the States, vol. ii., pp. 18, 19. 



ANAL YSIS OF THE CONSTITUTION: 



303 



chosen in the several States respectively. 
The number of the College in each State 
was to be equal to the number of the 
Senators and Members of the House to 
which each State was entitled in the 
Congress of the States under the new 
organization.* 

As soon, therefore, as the Congress, 
under the old organization, received offi- 
cial notice of the ratification of the new 
Constitution by the requisite number of 
States, they immediately proceeded to 
provide for its going into operation at 
the time designated. 

All the necessary elections, State and 
Federal, were ordered, and held in every 
ratifying State except New York. Wash- 
ington received every electoral vote cast, 
in all the Colleges of the States thus 
voting, for the office of President; and 
John Adams was chosen for the office 
of Vice-President, by a majority of the 
votes cast in the Colleges. 

The United States now entered upon 
a new and more brilliant career under 
their new Constitution. 

But before proceeding with the inau- 
guration of Washington and the new ad- 
ministration, and for a clear understand- 
ing of the changes of the government 
effected by the new Constitution, the 
truth of history requires a further exam- 
ination into the provisions of the instru- 
ment itself, and the action and the de- 
bates in the State Conventions upon its 
adoption and ratification. This will be 
the work of the next two chapters. 

It may be proper here to say that 
Mr. John Jay, who was one of the con- 
tributors to the Federalist, and who acted 
so conspicuous a part in effecting a rati- 
fication of the Constitution, was not a 
member of the Federal Convention. 

*See Appendix D., p. 924. 



CHAPTER VIII. 




AN ANALYSIS OF THE CONSTITUTION AS 
FRAMED AND SUBMITTED BY THE CON- 
VENTION AND THE CONGRESS TO THE 
CONSIDERATION OF THE STATES FOR 
THEIR RATIFICATION. 

Consirts of: Mutual covenants, and delegations of 
power, as did the Articles of Co< .'deration — No 
change in the nature of the government — The 
new feature of the three-fifths Federal ratio of 
representation fully explained — Great and grave 
popular errors refuted — History of the clause — 
Speech of John Adams on the first Article of Con- 
federation in 1776 — Discussion in the Continental 
Congress in 1783, when the three-fifths ratio was 
adopted — In the Federal Convention of 1787 — It 
was received nem. con. — View of the new restraints 
imposed on the States, as well as new covenants — 
The document shows it was Federal in its every 
feature. 

T is proper now to look more thor- 
oughly into the Constitution 
itself (see Appendix D.), and 
get as clear an understanding 
of the nature of the government 
thereby instituted as can be obtained 
from the words and terms used in setting 
forth its various provisions ; keeping 
closely in mind all the antecedent facts, 
the Articles of Confederation — the old 
law — the evils complained of under it — 
the objects of the calling of the Conven- 
tion — and the remedies proposed by the 
Convention as set forth in the new Con- 
stitution. All these matters should be 
kept constantly in view in the examina- 
tion of the terms of the Constitution. 
Upon an analysis of the entire provisions 
of this instrument from beginning to end, 
similar to the analysis made of the 
Articles of Confederation, it will be seen 
that the whole may be divided into 
mutual covenants between the States, 
and into the delegation of specific powers 
by the States severally to the States 
jointly, to be exercised by them jointly 



304 



HISTORY OF THE CXI TED STATES. 



Book II., c. 8 



in the way and manner specifically set 
forth in the mutual covenants. The 
mutual covenants relate partly to the 
new organization, new machinery, and 
the general divisions of the exercise of 
sovereign powers delegated to the dif- 
f.-rent departments of Government, Legis- 
lative, Judicial and Executive, partly also 
to the restrictions on the several States; 
and the duties and obligations assumed 
by them, just as under the former or old 
Constitution. 

Without going into details, as in the 
Articles of Confederation, it may be 
sufficient to inquire, after carefully 
scanning the whole together, if it is not 
apparent upon the face of the instrument 
that the object was solely to perfect and j 
continue under the new organization,' 
with enlarged powers, the Federal Union 
then existing between the States for the 
r niedying of certain defects therein, for 
which a Convention had been called. 
One of these defects, as has been seen, 
was the proper basis of taxation under 
the Articles of Confederation. 1 he basis 
finally fixed on in 1 776 was the value of 
lands in the several States.* This was 
found to be unequal and unjust; hence 
the Congress under the first confedera- 
tion had, as early as 1783, recommended 
an amendment to the Constitution in 
this particular, as has been stated in the 
last chapter. The States, however, had 
not ratified it; and this was one of the 
great evils complained of under the old 
system. This, it will be seen, was rem- 
edied in the second section of the first 
article of the Constitution; by fixing the 
number of population, as the basis of 
taxation, upon a certain ratio therein set 
forth, known as the "Three- Fifths" or 
Federal ratio of representative population. 

It is proper here to state that there is 



* See Article viii., Appendix C. 



no clause in the Constitution, the history 
or the effect of which seems to be so 
little understood by men of note and 
hierh standing, both at the North and 
South, as this. It is not among the 
"compromises," so called, of the Consti- 
tution at all. It was not carried by any 
bluster or dictation on the part of South- 
ern members in the Convention, and its 
effects, whether so designed or not, 
greatly weakened and lessened the po- 
litical power of those States in which 
slavery existed, instead of strengthening 
and enlarging it. It has been asserted 
that "by this compromise" the "slave 
power," not then, it is true, confiivd to 
the South, secured to itself that provision 
in the Constitution which gave "three- 
fifths " representation in Congress to the 
slaves, as the property of their owners. 
By this arrangement, it has been asserted 
that the men who owned five slaves were 
endowed with as much political power 
as three white freemen, and that by this 
"oligarchical power" the Southern States 
were enabled to force through the Mis- 
souri compromise, and, afterwards, the 
annexation of Texas. 

Now the true history of this matter is 
as follows: this proposition in the Federal 
Convention came from Mr. James Wilson, 
the distinguished member from Pennsyl- 
vania. It was offered at an early day in 
the proceedings, on the nth of June, 
while the Virginia plan was under con- 
sideration.* Mr. Rufus King, of Mas- 
sachusetts, had submitted a resolution 
that the vote in the House of Represent- 
atives ought not to be as it was under 
the articles of union as they then were ; 
that is, that each State ought not, in that 
branch of Congress about to be estab- 
lished, to be entitled to an equal vote 
without regard to population, but that 
* See Elliot's Debates, vol. i., p. 168. 



ANAL YSIS OF THE CONSTITUTION. 



the vote in that branch of Congress 
ought to be according to some equitable 
ratio of representation. Whereupon Mr. 
Wilson offered an amendment in these 
words: 

" In proportion to the whole number 
of whites and other free citizens and in- 
habitants of every age, sex and condition, 
including those bound to servitude for a 
term of years, and three-fifths of all 
other persons not comprehended in the 
foregoing description, except Indians not 
paying taxes, in each State." 

This was intended to include only 
three-fifths of the negro population in 
the States, who were bound to service 
not for a term of years, but for life. In 
other words, it was intended that five 
negro slaves should be counted as only 
three in fixing the basis of popular rep- 
resentation in the lower House of Con- 
gress. This amendment was immedi- 
diately adopted, and it thus stands in the 
Constitution. Every State in the Con- 
vention voted for it, North and South, 
except New Jersey and Delaware.* 

It was not carried by any undue influ- 
ence on the part of southern members, 
or by any "truckling" on the part of 
northern members. 

To understand how this came about 
as it did, and why the amendment was 
offered as it was, and so readily and 
generally accepted as it was, and thus 
became engrafted in the Constitution, it 
will be proper to go back to the proceed- 
ings of the first Congress of the Con- 
federation in forming the first Articles 
of Union, and their proceedings under 
those articles before the meeting of the 
Federal Convention. This examination 
will make the whole matter perfectly 
clear, and utterly refute the prevalent 
idea in reference to this clause in 



* Elliot's Dcb.Ues, 
20 



p. 1 69 



305 

the Constitution. Let it be borne in 
mind, then, that Richard Henry Lee's 
resolution for the appointment of a com- 
mittee to draw up a declaration of the 
independence of the States, in June, 1776, 
provided also for the raising of a com- 
mittee to report articles of union and 
confederation between the States.* Let 
it be borne in mind, also, that this com- 
mittee did report articles of union be- 
tween these States on the 12th of July, 
1776."}" These articles then reported 
contained this among other clauses : 
"Art. XI. All charges of war and all 
other expenses that shall be incurred for 
the common defence or general welfare 
and allowed by the United States assem- 
bled, shall be defrayed out of the common 
treasury, which shall be supplied by the 
several colonies, in proportion to the 
number of inhabitants of every age, sex, 
or quality, except Indians not paying 
taxes in each colony, a true count of 
which, distinguishing the white inhabi- 
tants, shall be triennially taken and 
transmitted to the Assembly of the United 
States. I 

This proposition for levying the quotas 
of taxes for the Federal treasury which 
each State was to bear in equal and just 
proportion, rested upon the then gen- 
erally received opinion, that population 
was the best and most reliable standard 
that could be resorted to in estimating 
the capacity of any people, community, 
or State, to raise money for taxes. It 
was thought that the productive capacity 
of a people in the accumulation of wealth 
.which was the proper subject of taxation, 
could be more nearly arrived at by esti- 
mating their numbers than in any other 
way. Hence numbers, or the relative 
entire population of the States respec- 

* Ante, p. 225. f Ante, p. 226 

J Elliot's Debates, vol. i., p. 70. 



306 



HISTORY 01 THE UXITED STATES. 



Book II., c. 8 



lively, was thought to be the best cri- 
terion for the levying of quotas to be 
contributed by each for the common tie- 
fence. This is apparent from the dis- 
cussion on this proposed article. There 
were then not over two-thirds of the 
slaves in all the States at the South, if 
General Bloomfield's estimate, furnished 
the convention in 1787, was at all cor- 
rect.* 

Two objections, however, were raised 
to the article as reported. These ob- 
jections were not confined to the mem- 
bers from the Southern States. The 
first was, that slaves were property, and, 
as population, and not property, was to 
be the basis of taxation, this species of 
property should not enter at all into the 
count of numbers. 

The other was much better founded in 
reason and justice. That was, that the 
value of the labor of unskilled negroes 
was not equal to the value of the labor 
of intelligent white men; that the ca- 
pacity of negroes to produce wealth was 
greatly inferior to that of white men ; 
and hence in the count, the negro ele- 
ment in the population of the several 
States should not be rated equal to the 
white element. Some contended that 
the ratio in this respect should be one 
white person to two negro slaves. Mr. 
John Adams, of Massachusetts, fully an- 
swered the first objection, and insisted 
there was no merit in the second. Here 
is what he said on both : 

Mr. John Adams observed : "That the 
number of people are taken by this article 
as an index of the wealth of a State, and 
not as subjects of taxation ; that as to 
this matter, it was of no consequence 
by what name you called your people ; 
whether by that of freemen or of slaves ; 
that in some countries the laboring poor 

* See Elliot's Debates, vol. i., p. 194. 



are called freemen, in others they were 
called slaves ; but that the difference as 
to the State was imaginary only. What 
mattered it whether a landlord employ- 
ing ten laborers on his farm gave them 
only as much money as would buy them 
the necessaries of life, or gave them those 
necessaries at shorthand ? The ten la- 
borers add as much wealth to the State, 
increase its exports as much in the one 
case as in the other. Certainly five hun- 
dred freemen produce no more profits, 
no greater surplus for the payment of 
taxes, than five hundred slaves. There- 
fore, the State in which the laborers are 
called freemen should be taxed no more 
than that in which are those called slaves. 
Suppose, by an extraordinary operation 
of nature or of law, one-half of the 
laborers of a State could, in the course 
of one night, be transformed into slaves; 
would the State be made the poorer or 
the less able to pay taxes ? That the 
condition of the laboring poor in most 
countries — that of fishermen particularly, 
of the Northern States — is as abject as 
that of slaves. It is the number of 
laborers which produces the surplus for 
taxation; and numbers, therefore, indis- 
criminately, are the fair index to wealth; 
that it is the use of the word 'property' 
here, and its application to some of the 
people of a State, which produces the 
fallacy. * * * * 

" That a slave may, indeed, from the 
custom of speech, be more properly called 
the wealth of his master, than the free 
laborer might be called the wealth of his 
employer, but as to the State, both were 
equally its wealth, and should therefore 
equally add to the quota of its tax." 

The objection on the "property" view 
after the speech of Mr. Adams on that 
point seems to have been given up ; but, 
from a failure to agree upon the proper 



ANAL YSIS OF THE CONSTITUTION. 



307 



ratio between the relative capacity of 
the negroes and whites tr> produce 
wealth, the basis of population as a 
standard for levying quotas on the States 
in the first article of Union, was aban- 
doned, and the value of lands in the 
several States was adopted in lieu, as we 
have seen.* 

But that was not found to work well, 
owing to the great differences in the 
prices of lands in the several States. 
The subject was again revived in Con- 
gress, and a proposition was made by 
that body on the 18th of April, 1783, to 
amend the Constitution or articles of 
confederation in this particular, and to 
go back upon population as the proper 
basis as heretofore stated. It was then 
that this "three-fifths" was agreed upon 
as the proper ratio in this respect. The 
matter underwent a very full discussion. 
It was not characterized by sectional 
lines. The whole debate was upon the 
isolated point, how the negroes should 
be rated in the count in reference ex- 
clusively to the efficiency of their labor, 
or their relative capacity to produce 
wealth. The following extract from the 
debates will show its nature, tenor and 
character :f 

Mr. Wolcott was for rating them as 
4 to 3. Mr. Carroll as 4 to 1. Mr. Wil- 
liamson said he was principled against 
slavery ; and that he thought slaves an 
incumbrance to society instead of in- 
creasing its ability to pay taxes. Mr. 
Higginson as 4 to 3. 

Mr. Rutledge said he would agree to 
rate slaves as 2 to I ; but he sincerely 
thought 3 to 1 would be a juster pro- 
portion. Mr. Holton as 4 to 3. Mr. 



*See Appendix C, Article viii. 
f Elliot's Debates, vol. v., p. 79. See Constitution 
View of War Between States, vol. ii., p. 100. 



Osgood said he did not go beyond 4 
to 3. 

Now in this discussion it is seen that 
Mr. Wolcott from Connecticut was for 
rating them as 4 to 3 ; Mr. Higginson 
the same ; Mr. Holton and Osgood from 
Massachusetts the same ; Mr. Rutledge 
from South Carolina contended that 3 to 
1 was a proper basis, but he would agree 
to 2 to 1 ; while Mr. Williamson from 
North Carolina stated " that he was 
principled against slavery," and looked 
upon the blacks as an incumbrance to 
society instead of increasing its ability to 
pay taxes. 

The first vote was taken upon rating 
negroes as 3 to 2. On this the States were 
equally divided ; ten only voted. It was 
then that Mr. Madison, -well known to 
have been himself against slavery, said : 
" that in order to give proof of the sin- 
cerity of his professions of liberality, he 
would propose that slaves should be 
rated as 5 to 3." This was accepted by 
Mr. Wilson, the same who moved it in 
the federal convention, and agreed to by 
a decided majority of the States; two 
only voting against it — Rhode Island 
and Connecticut. Massachusetts was 
divided on the question. The debates 
on the question, when and where it 
originated, and when it was agreed to by 
the States, show that there was nothing 
sectional in it. There was nothing pro- 
slavery or anti-slavery about it. When 
agreed to it had no reference whatever 
to representation, nor any relative ratio 
of representation in Congress of either 
persons or property. The States all 
then had an equal vote in the Congress 
without regard to the number or char- 
acter o( their respective population. But 
this counting of five negro slaves as equal 
to three white persons was agreed upon 
after mature consideration and thorough 



3 o8 



HISTORY OF THE UNITED STATES. 



Boos I!.,c.8 



investigation of the subject for years as a 
proper basis for direct taxation, when 
population was resorted to as a proper 
standard of fixing the quotas of the 
States respectively. This proposed 
amendment to the articles of confedera- 
tion made by Congress in 17S3 had not 
been ratified by the States, as stated, 
when the Federal Convention met in 
1787. In that body it was offered by 
Mr. Wilson of Pennsylvania, as we have 
said. He was a member of the Con- 
gress of 1 783, which proposed this amend- 
ment to the Constitution. It was un- 
questionably upon the then universally 
admitted doctrine that representation in 
legislative bodies and direct taxation 
should go together. 

It was with this view and upon this 
principle solely, and with no view to a 
property representation at all, that it was 
incorporated as it was in the Constitu- 
tion. The counterpart of this provision 
which followed as a matter of course 
from the principle on which it was 
adopted, is the 4th clause, of the 9th 
section, 1st article of the Constitution, 
which declared that : 

" No capitation or direct tax shall be 
laid unless in proportion to the census 
or enumeration hereinbefore directed to 
be taken." 

Whatever may have been the design 
when it was offered, the effect of this 
three-fifths clause, as has been observed, 
was greatly to weaken, instead of 
strengthening the political power of the 
States in which slavery existed; for very 
soon the number of slaves in the South- 
ern States w^s considerably increased by 
acquisitions from the Northern States. 
The acts of the Northern States abolish- 
ing the institution of slaver)' within 
their limits were generally prospective 
in their character. Under the operation 



of these acts, humane as they have been 
claimed to be, the slaves of these States 
were to some extent — to what is not and 
never will be exactly known — brought 
South and sold before the period fixed 
for their final emancipation. Less than 
half, it is believed by some, in point of 
fact, ever became free under these acts, 
however philanthropic they may have 
been in their objects. This is the way, 
however, in which many slaves at the 
North found a resting-place in the more 
Southern States. But besides this, and 
mainly, it must be borne in mind that 
the system of direct taxation, which was 
looked to at the time the Constitution 
was made as the chief mode of raising 
the ordinary revenues of the Federal 
government, was soon virtually aban- 
doned; and the Southern States, in which 
the slaves had almost entirely accumu- 
lated, as stated, under the Northern sys- 
tem of abolition, lost their full and just 
popular representation under it, without 
the compensating advantages contem- 
plated at the time of its adoption in the 
matter of the assessment of the taxes. 
The taxes were raised in another way, 
and by this clause these States were de- 
prived of their equal and just voice in 
their imposition, though their people had 
to pay their full part of them. Under 
the operation of other clauses of the 
Constitution by construction the princi- 
ple intended to be carried out by the 
adoption of this clause was not only 
ignored but reversed. Taxation and 
representation did not go together; for 
under the indirect mode of raising the 
revenues of the Federal government, 
there is no reason in justice or right or on 
any principles of political or moral equity 
whatever why the entire population of the 
Southern States should not have been 
taken in the estimate for a basis of 



ANALYSIS OF THE CONSTITUTION. 



309 



popular representation in the House of 
Representatives, as well as the entire 
population of the Northern States. In- 
stead of counting only three-fifths of 
their laboring population, the whole five- 
fifths should have been counted. The 
fact that they were called " property " 
made no difference in principle on this 
subject whatever, as Mr. Adams clearly 
showed in the speech just quoted from 
him. The " property " in them consisted 
in nothing but the legal right to their 
services for life ; this legal right on the 
part of the owner was truly called prop- 
erty, but it in no respect differed in kind 
or species of property from the legal right 
of every employer to the services of those 
who, by contract or law, are bound to 
service for any time shorter than for life. 

This legal right to services so due 
for a term ever so short is as much 
property in the one case as the other. 
It is a property that is maintained in all 
courts without reference to the length of 
the term for which it is due. On this 
point, therefore, which seems to be just 
and correct, there is no reason why all 
those persons in the Southern States 
who are bound to service for life should 
not have been counted in a census for 
a basis of popular representation as well 
as all minors, apprentices, or others 
bound to service for a shorter term in 
all the States. The owner of five slaves 
at the South, therefore, was not endowed 
under this clause of the Constitution 
with as much political power as three 
white men at the North. The owner of 
five, or an hundred, or a thousand was 
endowed with no more political power 
under it than the employer of five, or an 
hundred, or a thousand operatives at the 
North — that is, none at ail. 

After this digression in explanation of 
this new and important feature in the 



Constitution, and in refutation of so great 
errors in the popular mind in regard to 
it, we will now continue the proposed 
analysis of other parts of the Constitu- 
tion with a view to ascertain from its 
words its true meaning and nature. 

It was to be established, as is seen on 
its face, not over, " but between " the 
States ratifying. The leading ideas 
throughout the whole instrument clearly 
appear that the new government was to 
be a Federal Union of States, as the old 
one was. States pervade the whole 
instrument. The Senators were to be 
elected by the Legislatures of the several 
States. The House of Representatives 
was to be composed of members chosen 
by the people of the several States, and 
to be chosen by electors possessing such 
qualifications as each State by itself may 
prescribe for the more numerous branch 
of the State Legislature; thus providing 
that every member of the Federal Legis- 
lature or Congress should be chosen in 
the one branch directly by the States as 
such, and in the other branch by con- 
stituents from and controlled absolutely 
by the States severally: 

" Representation and taxation shall be 
apportioned among the several States. 
Each State shall have at least one repre- 
sentative. When vacancies happen in a 
State," etc. 

"Congress shall have power to regu- 
late commerce, etc., among the several 
States," etc. 

" Migration and importation of such 
persons as any of the States," etc. 

" No preference shall be given," etc., 
" to the ports of one State over those of 
another," etc. Nor shall vessels bound- 
to or from one State be obliged to enter, 
clear, or pay duties in another." 

" No State shall enter into any treaty," 
etc. 



3io 



HISTORY OF THE UNITED STATES. 



Book II, c. 8 



" No State shall, without the consent 
of Congress, lay any imposts," etc. 

" No State shall, without the consent 
of Congress, lay any duty of tonnage, 
keep troops or ships of war in time of 
peace, enter into any agreement or com- 
pact with another State, or with a foreign 
power, or engage in war unless actually 
invaded," etc. 

Nothing appears more prominent in 
the whole instrument than States. The 
very first article in the Constitution de- 
clares that all legislative powers under 
it shall be vested in a "Congress of the 
United States." The term "Congress of 
the United States " was familiar to all at 
that day. It was well known to mean 
the United States in Congress assembled. 
Congress means a meeting or assemblage; 
the Congress of the States means a 
meeting or assemblage of States. The 
title of Congress under the Confederation 
had been the " United States of America 
in Congress assembled." The same is 
still retained to this very day. The enact- 
ing clause of every law passed by the 
Congress under the Constitution is in 
these words: • 

" Be it enacted by the Senate and 
House of Representatives of the United 
States of America in Congress as- 
sembled." Every law that has been 
passed from the beginning under this 
Constitution, as under the Articles of 
Confederation, derives its sole authority, 
as its face shows, from States in Con- 
gress assembled. The new delegations 
of power amounted to few, as stated in 
the last chapter. So, also, of the new 
restraints on the States as therein set 
forth. The other prohibitions not stated 
in the last chapter arc almost identical 
with those set forth in the Articles of 
Confederation. The striking feature in 
the new Constitution is that the States 



under it have in their control their 
militia. 

The Congress under the Constitution 
has no power over the militia of the 
States except to provide by law, for 
organizing, arming and disciplining them ; 
and for calling them out for specific pur- 
poses ; and governing them when in 
the service of the United States. But 
the States retained to themselves 
severally the power of training and 
officering and sending them forth upon 
any call made for them. 

By the old Articles of Confederation 
the Congress had the appointment of all 
the officers of the militia when in ser- 
vice, from the regimental officers up. 
By the new articles the power is reserved 
to the States to appoint all the officers 
of the militia, whether in service or not, 
from the lowest to the highest. 

Great stress has been put upon the 
judicial department of the new system. 
This, however, is no new feature. In 
the old Articles of Confederation there 
was a judiciary provided. It was en- 
larged in the new Constitution, that is 
all. There is no change in principle in 
this particular. 

Mr. Madison truly said that all the 
more important and considerable pov/ers 
under the Constitution were vested in 
the Congress under the Articles of Con- 
federation. If the States, then, under 
the confederation, formed a Federal Re- 
public and Union, is it not clear that 
their relations in this respect were not 
changed under the new Constitution ? 
Does not this also clearly appear from 
the clause next to the last in the Con- 
stitution, which provides for future 
changes or amendments in it? In this 
it is expressly stipulated that in all 
future changes or amendments the States 
as States shall act, and that it shall re- 



ANAL VS/S OF THE CONSTITUTION. 



311 



quire the concurrence of three-fourths of 
all the States in their State organizations, 
and by their State governments, to make 
any alteration or amendment. It is, 
moreover, especially stipulated that no 
amendment shall ever be made which 
shall deprive the States of their equal 
suffrage in the Senate. Still again, 
in one of the mutual covenants, 
section iv., article iv., it is stipulated 
that : 

" The United States shall guarantee to 
every State in this Union a republican 
form of government, and shall protect 
each of them from invasion, and on 
application of the Legislature or of the 
executive, when the Legislature can- 
not be convened, against domestic 
violence." 

Is not this the unmistakable language 
of confederation? Does it not clearly 
set forth a solemn obligation on the part 
of her confederates to maintain, sustain 
and secure by their joint authority to 
each State such Republican institutions 
as each State for itself, in its own sove- 
reign will, may adopt? What is a State? 
Did not the framers of this instrument 
understand the meaning of the words 
they used ? Was it not well understood 
in public law that a State is a body 
politic? a community self-sustaining and 
organized with all the powers and func- 
tions of government within itself? 

Vattel, one of the highest authorities, 
says : 

" Nations or States are bodies politic ; 
societies of men united together for the 
purpose of their mutual safety and ad- 
vantage, by the efforts of their combined 
strength. Such society has her affairs and 
her interests ; she deliberates and takes 
resolutions in common, thus becoming a 
moral person, who possesses an under- 
standing and a will peculiar to herself, 



and is susceptible of obligations and 
rights."* 

Is it not apparent from the records that 
the States by which the Constitution was 
framed were a set of separate bodies poli- 
tic, as described by Vattel where he says : 

" Several sovereign and independent 
States may unite themselves together by 
a perpetual confederacy without ceasing 
to be each individually a perfect State. 
They will together constitute a Federal 
Republic ; their joint deliberations will 
not impair the sovereignty of each mem- 
ber, though they may, in certain respects, 
put some restraint on the exercise of it 
in virtue of voluntary engagements." \ 

Was not this just what the States of 
this Federal Union did in their first 
Articles of Confederation, as well as in 
their second ? Again, were they not 
just such States as Montesquieu says 
may form a confederate republic?! 

" This form of government is a con- 
vention by which several small States 
agree to become members of a larger 
one which they intend to form. It is a 
kind of assemblage of societies, that 
constitute a new one, capable of increas- 
ing by means of new associations, till 
they arrive to such a degree of power as 
to be able to provide for the security of 
the united body. * * * 

" The State (that is, the conventional 
State formed by the confederation) may 
be destroyed on one side and not on the 
other. The confederacy may be dis- 
solved, and the confederates preserve 
their sovereignty. As this government is 
composed of petty republics, it enjoys 
the internal happiness of each, and with 
respect to the external situation, it is 

* Preliminaries to Treatise on the Laws of Nations, 
p. 49. 

f Vattel's Laws of Nations, p. 3. 

+ Montesquieu's Spirit of Laws, book ix., chap. ; 



312 



///S/OA'V OE THE CXI I ED STAVES. 



HnOK II., C. 8 



possessed, by means of the association, 
of all the advantages of large mon- 
archies." 

Montesquieu's description of a confed- 
erate union of separate States seems to 
have been the model of the leading 
members of the Convention, as the de- 
bates show. Were not the States, that 
met in the Philadelphia Convention and 
framed the Constitution now under con- 
sideration, just such States as Cicero 
says ought to possess within themselves 
the principles of indestructibility? 

"A State," says he,* "should be so 
constituted as to live forever' 

" For" (says this profound philosopher, 
in his same treatise) " there is no one 
thing in which human virtue can more 
closely resemble the Divine Powers than 
in establishing new States or in preserv- 
ing those already established." 

Were States ever more providentially, 
yea, divinely established, than these had 
been ? Under their whole superstruc- 
ture, in their Declaration of Independence 
lie the great truths announced by po- 
litical bodies for the first time in the 
history of the world, of the capacity and 
the right of man to self-government — 
that all governments "derived their just 
powers from the consent of the gov- 
erned," that " whenever any government 
becomes destructive of the ends" for 
which it is established, " it is the right 
of the people to alter or abolish it, and 
to institute a new government, laying its 
foundations on such principles, and or- 
ganizing its powers in such forms as, to 
them, may seem most likely to effect 
their safety and happiness." This is 
asserted to be the inalienable right of all 
Peoples and States. On these immutable 
principles the governments of these 
States had been established separately 
Cicero on the Commonwealth. 



and severally. Were States ever estab- 
lished that so well deserved to live for- 
ever? Was there ever a grander ex- 
hibition of this highest of all bare human 
virtues, according to Cicero, than was 
presented by the patriot fathers of 17S7 
in forming this constitution? Was not 
their main, chief and leading object 
throughout, and the object of the Union 
under it, to preserve and perpetuate as 
far as possible by human agency these 
separate and several States so estab- 
lished ? Is not the Constitution upon 
its face, as made, without looking into 
the debates in the States ratifying it, 
with the amendments afterwards incor- 
porated into it, federal in its every fea- 
ture from beginning to end ? 

Even the very Preamble, which has 
been so erroneously misconstrued and 
misinterpreted, shows upon its very face 
and front, that it is a Constitution " of 
States and for States," not a Constitution 
for the mass of the people in one con- 
solidated Republic, to be the same mu- 
nicipal authority throughout. The Pre- 
amble as originally reported and agreed 
to was in these words : "We, the people 
of the State of New Hampshire, Massa- 
chusetts, Rhode Island and Providence 
Plantations, Connecticut, New York, 
New Jersey, Pennsylvania, Delaware, 
Maryland, Virginia, North Carolina, 
South Carolina, and Georgia, do ordain, 
declare and establish, the following Con- 
stitution for the government of ourselves 
and our posterity." * 

This Preamble was subsequently 
amended in two particulars: the first 
was to leave out the names of the indi- 
vidual States. This was done for the 
obvious reason that it was not known 
which of the States would ratify it. 



* See Journal of the Convention, Elliot's Debates, 
vol. i., p. 231. 



ANALYSIS OF THE CONSTITUTION. 



3*3 



Hence it would have been exceedingly 
inappropriate to set forth in advance the 
States by name. By the terms of the 
Constitution, article vii., it was to go 
into operation between such of the 
States as might ratify it, if as many as 
nine or more should do so. 

It was readily perceived that it would 
be exceedingly out of place to have in 
the Preamble of the Organic law, terms 
embracing Peoples or States who might 
not put themselves under it. For in- 
stance, Rhode Island and North Caro- 
lina did not ratify the Constitution for 
some time. During that time they were 
out of the Union ; they might have 
remained out forever. Suppose they 
had, how oddly would the Preamble to 
this Constitution have read, " We, the 
people of Rhode Island, New Hamp- 
shire, North Carolina," etc, when the 
people of Rhode Island, New Hamp- 
shire, North Carolina, etc., had done no 
such thing ! To preserve the symmetry 
of their work, and retain the same idea, 
was what was effected in this change of 
phraseology; as it was finally deter- 
mined on, it would embrace such people 
only as should adopt it. They would 
then be the people of the States respec- 
tively which would be thereby united. 
States united and United States mean 
the same thing. 

The other change is of greater impor- 
tance and significance. The words " es- 
tablish the following Constitution for the 
government of ourselves and our pos- 
terity," were stricken out, and the words 
in the Preamble as they now stand were 
substituted, i. c, " We, the people of the 
United States, in order to form a more 
perfect Union, establish justice, insure 
domestic tranquillity, provide for the 
common defence, promote the general 
welfare, and secure the blessings of lib- 



erty to ourselves and our posterity, do 
ordain and establish this Constitution for 
the United States of America." * Had 
the Preamble in this particular been left 
as first agreed upon, the inference might 
have been that it was intended, as has 
been construed, that it was a Constitu- 
tion for the people of the United States 
in mass, as one consolidated Republic. 
But the substituted words preclude that 
inference, and seem to show conclusively 
that it was intended to be a Constitution 
made by States and for States ; to 
establish justice, secure domestic 
tranquillity, to provide for the com- 
mon defence, to promote the general 
welfare, and to secure to the people 
of each of them, and their posterity, 
the blessings of liberty — through the 
establishment of a Federal government, 
by which joint operation the rights 
and welfare of each would be established. 
As it stands, the instrument " is ordained 
and established " as a Constitution for 
States, for the United States — the same 
as if it read for the States of this Union. 
The change in this particular is very im- 
portant ; for by close attention it will be 
perceived that its purpose is directly 
opposite to that so often attributed to 
it from this Preamble. In the change 
of phraseology, besides what has been 
said, the introduction of the word Union 
has a very marked significance of itself. 
The new Constitution was proposed, as 
set forth in this Preamble, " in order to 
form a more perfect Union ; " that is, it was 
to make more perfect " the Union " then 
existing — that we have seen was a Union 
of States, under the Articles of Confed- 
eration. It was to revise these Articles, 
to enlarge the powers of Congress under 
them, or in other words to perfect that 



* See Journal of Convention, Elliot's Debates, vol. 
i., p. 29S. 



3H 



HISTORY OF THE UXITED STATES. 



Book II., c. 9 



Union, that the Convention was called, 
and that was the object aimed at in all 
their labors (or at least the majority of 
the Convention), from the beginning to 
the conclusion of their work, as set forth 
in this Preamble.* Is it a violation of 
reason or logic therefore to assume, that 
the new Constitution, as appears from its 
very terms, was intended to be a contin- 
uation of the Federal Union established 
in 1776? We shall in the next chapter 
sec what the States thought of it, at the 
time of its adoption by them, respec- 
tively. 

CHAPTER IX. 

THE ACTION OF THE SEVERAL STATES 
UPON THE CONSTITUTION, WHEN SUB- 
MITTED TO THEM UNDER THE REQUEST 
OF THE CONVENTION AND THE ORDER 
OF CONGRESS, AND HOW IT WAS CON- 
SIDERED BY THEM AT THE TIME OF 
THEIR RESPECTIVE RATIFICATIONS. THE 
DEBATES IN THE STATES, AND COM- 
MENTS ON THEM. 

HE next proper step then, in 
tracing the true history of facts 
and events, will be to look into 
■^ the action of the several States 
upon this Constitution, when it 
was submitted to them as proposed 
by the Congress of the States, as re- 
quested by the Convent o i, and see how 
it was understood by them, and what 
construction was put upon it by its sup- 
porters and advocates, as well as its op- 
ponents. The main point of inquiry is, 
whether it was considered by them as a 
surrender of the Sovereignty of the sev- 
eral States, or simply as a new consti- 
tutional compact, between the States, 
upon the same Federal basis as the 
former Articles of their Union had been. 




*Sec War Between the Stales, vol. i., p. 137, el seq. 



The action of the States will be taken 
up in the order of their ratifications. In 
each case, first presenting the action of 
the State, and secondly, the debates, where 
any have been preserved, as part of the 
res gesta, showing the understanding 
of the States, in their ratification, as 
appears from the record. 

FIRST, DELAWARE. 

The Legislature of the State of Dela- 
ware called a Convention of her people 
to consider the Constitution, and take 
action upon it, according to the request 
of Congress. In the Convention of this 
State, there seems to have been no 
division and no discussion. At least, 
none of the debates in that body, if any 
were had, have been preserved. The 
action of the Convention was set forth in 
the following words : 

" We, the deputies of the people of 
Delaware State, in Convention met. 
having taken into our serious considera- 
tion the Federal Constitution, proposed 
and agreed upon by the deputies of the* 
United States, in a General Convention, 
held at the city of Philadelphia, on the 
17th day of September, in the year of 
our Lord one thousand seven hundred 
and eighty-seven, have approved, as- 
sented to, ratified and confirmed, and by 
these presents do, in virtue of the power 
and authority to us given, for and in 
-behalf of ourselves and our constituents, 
fully, freely and entirely approve of, 
assent to, ratify and confirm, the said 
Constitution. Done in Convention at 
Dover, this seventh day of December, in 
the year aforesaid, and in the year of the 
independence of the United States of 
America the twelfth."* 

In this very act of ratification, it is 
expressly styled, by the sovereign people 

* Elliot's Debates, vol. i., p. 319. 



ACTION OF THE STATES ON THE CONSTITUTION. 



3*5 



of Delaware, "The Federal Constitu- 
tion." Indeed, no one can doubt, for a 
moment, from the course of her dele- 
gates, in the Philadelphia Convention, 
that the people of Delaware understood 
the Constitution, as they here style it, to 
be Federal in its character, and that the 
sovereignty of the State was still re- 
tained. 

SECOND, PENNSYLVANIA. 

The next State in order was Pennsyl- 
vania. In this, as in the case of Dela- 
ware, first will be presented the action 
of the State and then the debates, as far 
as they have been preserved, to see what 
light they throw upon this action. First, 
then, the action of the Convention is in 
these words : 

" In the name of the people of Penn- 
sylvania. Be it known unto all men, 
that we, the Delegates of the people of 
the Commonwealth of Pennsylvania, in 
General Convention assembled, have 
assented to and ratified, and by these 
presents do, in the name and by the 
authority of the same people, and for 
ourselves, assent to and ratify the fore- 
going Constitution for the United States 
of America. Done in Convention at 
Philadelphia, the twelfth day of Decem- 
ber, in the year of our Lord one thousand 
seven hundred and eighty-seven, and of 
the independence of the United States 
of America the twelfth. In witness 
whereof, we have hereunto subscribed 
our names." * 

No allusion in this is made to the 
character of the instrument or of the 
understanding of the members of the 
Convention of it, further than their 
styling it a " Constitution for the United 
States of America." That is, a Consti- 
tution /^r States United, and not for the 
whole mass of the people of these States 



* Elliot's Debates, vol. i., p. 319. 



in the aggregate. This of itself would 
seem to be quite enough to show that 
they considered it Federal or Federative 
in its character ! 

But we are not left in doubt or to in- 
ference on this point. The debates in 
the Convention of Pennsylvania have 
been in part preserved. The speeches 
of Mr. Wilson, at least, who had been in 
the Federal Convention that framed the 
Constitution, and who was also in the 
State Convention that ratified it, we have. 
These, it is true, are all of these debates 
that we have, but they throw much light 
upon the subject. Mr. Wilson was un- 
doubtedly one of the ablest and most 
zealous of the Nationals in the Federal 
Convention. But when their plan failed, 
lie, as Hamilton, Morris, King, and Madi- 
son did, gave the Constitution agreed 
upon his warm support. 

What he said, therefore, in the State 
Convention, touching the character or 
nature of the Constitution, which was 
finally agreed upon, is entitled to great 
weight, and particularly all his dis- 
claimers, as to its being a consolidation 
of the whole people of the country into 
one single grand National Republic. 
Let us, then, in the second place, see what 
was his judgment of it, as given to the 
Pennsylvania Convention. In opening 
the deliberations of that body, he said: * 

" The system proposed, by the late 
Convention, for the government of the 
United States, is now before you. Of 
that Convention, I had the honor to be 
a member. As I am the only member 
of that body, who has the honor to be 
also a member of this, it may be expected 
that I should prepare the way for the 
deliberations of this Assembly, by un- 
folding the difficulties which the late 
Convention was obliged to encounter; 
* Elliot's Debates, vol. ii., p. 418. 



316 

by pointing out the end which they pro- 
posed to accomplish; and by tracing the 
general principles which they have 
adopted for the accomplishment of that 

"A very important difficulty arose 
from comparing the extent of the country 
to be governed, with the kind of govern- 
ment, which it would be proper to 
establish in it. It has been an opinion, 
countenanced by high authority, ' that 
the natural property of small States is to 
be governed as a Republic; of middling 
ones to be subject to a Monarchy; and 
of large empires to be swayed by a 
despotic prince; — and that the conse- 
quence is, that, in order to preserve the 
principles of the established government, 
the State must be supported in the ex- 
tent it has acquired; and that the spirit 
of the State will alter in proportion as it 
extends or contracts its limits.' (Montes- 
quieu, b. viii., c. 20.) This opinion seems 
to be supported, rather than contradicted, 
by the history of the governments in the 
old world. Here, then, the difficulty 
appeared in full view. On one hand, 
the United States contain an immense 
extent of territory; and, according to 
the foregoing opinion, a despotic govern- 
ment is best adapted to that extent. On 
the other hand, it was well known that, 
however the citizens of the United States 
might with pleasure submit to the 
legitimate restraints of a Republican 
Constitution, they would reject with in- 
dignation the fetters of despotism. What, 
then, was to be done? The idea of a 
Confederate Republic presented itself. 
This kind of Constitution has been 
thought to have ' all the internal advan- 
tages of a Republican, together with the 
external force of a monarchical govern- 
ment.' (Montesquieu, b. ix., c. I, 2; 
Paley, 199, 202.) 



HISTORY OF THE UNITED STATES. 



Book II., c. 9 



"Its description is 'a convention, by 
which several States agree to become 
members of a larger one, which they 
intend to establish. It is a kind of 
assemblage of societies that constitute a 
new one, capable of increasing by means 
of further association.' (Montesquieu, b. 
ix., c. I .) The expanding quality of such 
government is peculiarly fitted for the 
United States, the greatest part of whose 
territory is yet uncultivated. 

" But while this form of government 
enables us to surmount the difficulty last 
mentioned, it conducted us to another of 
which I am now to take notice. It left 
us almost without precedent or guide, 
and, consequently, without the benefit of 
that instruction which, in many cases, 
may be derived from the Constitution, 
and history, and experience, of other 
nations. Several associations have fre- 
quently been called by the name of 
Confederate States, which have not, in 
propriety of language, deserved it. The 
Swiss Cantons are connected only by 
alliances. The United Netherlands are, 
indeed, an assemblage of societies; but 
this assemblage constitutes 110 new one, 
and, therefore, it does not correspond 
with the full definition of a Confederate 
Republic. The Germanic body is com- 
posed of such disproportioned and dis- 
cordant materials, and its structure is so 
intricate and complex, that little useful 
knowledge can be drawn from it. 
Ancient history discloses, and barely 
discloses, to our view, some Confederate 
Republics — the Achajan League, the 
Lycian Confederacy, and the Amphic- 
tyonic Council. But the facts recorded 
concerning their Constitutions are so 
few and general, and their histories are 
so unmarked and defective, that no satis- 
factory information can be collected 
from them, concerning many particular 



ACTION OF THE STATES ON THE CONSTITUTION. 



317 



circumstances, from an accurate discern- 
ment and comparison of which, alone, 
legitimate and practical influences can be 
made, from one Constitution to another. 
Besides, the situation and dimension of 
those Confederacies, and the state of 
society, manners, and habits, in them, 
were so different from those of the 
United States, that the most correct de- 
scriptions could have supplied but a very- 
small fund of applicable remark. Thus, 
in forming this system, we were deprived 
of many advantages, which the history 
and experience of other ages and other 
countries would, in other cases, have 
afforded us." * * * * * 
"To be left without guide or prece- 
dent was not the only difficulty in which 
the Convention was involved, by propos- 
ing to their constituents a plan of a 
Confederated Republic. They found 
themselves embarrassed with another, 
of peculiar delicacy and importance. I 
mean that of drawing a proper line be- 
tween the National government and the 
governments of the several States. It 
was easy to discover a proper and satis- 
factory principle on the subject. What- 
ever object of government is confined, in 
its operation and effects, within the 
bounds of a particular State, should be 
considered as belonging to the govern- 
ment of that State; whatever object of 
government extends, in its operation or 
effects, bcyo7id the bounds of a particular 
State, should be considered as belong- 
ing to the government of the United 
States. But though this principle be 
sound and satisfactory, its application to 
particular cases would be accompanied 
with much difficulty, because, in its ap- 
plication, room must be allowed for 
great discretionary latitude of construc- 
tion of the principle. In order to lessen 
or remove the difficulty arising from 



discretionary construction on this sub- 
ject, an enumeration of particular in- 
stances, in which the application of the 
principle ought to take place, has been 
attempted with much industry and care. 
It is only in mathematical science that a 
line can be described with mathematical 
precision. But I flatter myself, that, 
upon the strictest investigation, the 
enumeration will be found to be safe and 
unexceptionable, and accurate, too, in 
as great a degree as accuracy can be 
expected in a subject of this nature. 
Particulars under this head will be more 
properly explained, when we descend to 
the minute view of the enumeration, 
which is made in the proposed Consti- 
tution. 

"After all, it will be necessary that, on 
a subject so peculiarly delicate as this, 
much prudence, much candor, much 
moderation, and much liberality should 
be exercised and displayed, both by the 
Federal Government, and by the govern- 
ments of the several States. It is to be 
hoped that those virtues of government 
will be exercised and displayed when 
we consider that the powers of the Fed- 
eral government and those of the State 
governments are drawn from sources 
equally pure." * * * * 

"The United States may adopt any 
one of four different systems. They 
may become consolidated into one gov- 
ernment, in which the separate existence 
of the States shall be entirely absolved. 
They may reject any plan of union or 
association, and act as separate and un- 
connected States. They may form two 
or more Confederacies. They may 
unite in one Federal Republic. Which 
of these systems ought to have been 
formed by the Convention?" 

After giving his opinion against the 
first three, he concludes thus: 



3i8 



HISTORY OF THE UN/TED STATES. 



Look II.. c. 



"The remaining system which the 
American States may adopt, is a union 
of them under one Confederate Republic. 
It will not be necessary to employ much 
time, or many arguments, to show that 
this is the most eligible system that can 
be proposed. By adopting this system, 
the vigor and decision of a wide-spread- 
ing Monarchy may be joined to the 
freedom and beneficence of a contracted 
Republic. The extent of territory, the 
diversity of climate and soil, the number, 
and greatness, and connection of lakes 
and rivers, with which the United States 
are intersected, and almost surrounded, 
— all indicate an enlarged government 
to be fit and advantageous for them. 
* * * If those opinions and wishes are 
as well founded as they have been gen- 
eral, the late Convention were justified 
in proposing to their constituents one 
Confederate Republic, as the best system 
of a National government for the United 
Stntos ^ 

In another speech, on 1st December, 
1787, as the discussion progressed, he 
said: "We have heard much about a 
consolidated government. I wish the 
honorable gentleman would condescend 
to give us a definition of what he meant 
by it. I think this the more neces- 
sary, because I apprehend that the term 
in the numerous times it has been used 
nas not always been used in the same 
sense. It may be said, and I believe it 
has been said, that a consolidated gov- 
ernment is such as will absorb and de- 
stroy the government of the several 
States. If it is taken in this view, the 
plan before us is not a consolidated gov- 
ernment, as I showed on a former day, 
and may, if necessary, show further on 
some future occasion. On the other 
hand, if it is meant that the general 
government will take from the State 



governments their power in some par- 
ticulars, it is confessed, and evident, that 
this will be its operation and effect." 

Again, on the 4th of December, he 
said : "The very manner of introducing 
this Constitution, by the recognition of 
the authority of the people, is said to 
change the principles of the present 
Confederation, and to introduce a con- 
solidating and absorbing government. 

"In this Confederated Republic, the 
sovereignty of the States, it is said, is 
not preserved. We are told that there 
cannot be two sovereign powers, and 
that a subordinate sovereignty is no 
sovereignty. 

" It will be worth while, Mr. President, 
to consider this objection at large. 

" When I had the honor of speaking 
formerly on this subject, I stated, in as 
concise a manner as possible, the leading 
ideas that occurred to me, to ascertain 
where the supreme and sovereign power 
resides. It has not been, nor, I presume, 
will it be denied, that somewhere there 
is, and of necessity must be, a supreme, 
absolute, and uncontrollable authority. 
This I believe may justly be termed the 
sovereign power ; for, from that gentle- 
man's (Mr. Findley) account of the 
matter, it cannot be sovereign unless it 
is supreme ; for, says he, a subordinate 
sovereignty is no sovereignty at all. I 
had the honor of observing, that, if the 
question was asked, where the supreme 
power resided, different answers would 
be given by different writers. I men- 
tioned that Blackstone would tell you 
that, in Britain, it is lodged in the Brit- 
ish Parliament; and I believe there is no 
writer, on this subject, on the other side 
of the Atlantic, but supposed it to be 
vested in that body. I stated, further, 
that, if the question was asked of some 
politician, who had not considered the 



ACTION OF THE STATES ON THE CONSTITUTION. 



319 



subject with sufficient accuracy, where 
the supreme power resided in one gov- 
ernment, he would answer, that it was 
vested in the State Constitutions. This 
opinion approaches near the truth, but 
does not reach it; for the truth is, that 
the supreme, absolute, and uncontrol- 
lable authority remains ivitJi the people. 
I mentioned, also, that the practical 
recognition of this truth was reserved for 
the honor of this country. I recollect 
no Constitution founded on this princi- 
ple; but we have witnessed the improve- 
ment, and enjoy the happiness of seeing 
it carried into practice. The great and 
penetrating mind of Locke seems to be 
the only one that pointed towards even 
the theory of this great truth. 

" When I made the observation that 
some politicians would say the supreme 
power was lodged in our State Constitu- 
tions, I did not suspect that the honorable 
gentleman from Westmoreland (Mr. 
Findley) was included in that descrip- 
tion; but I find myself disappointed; 
for I imagined his opposition would 
arise from another consideration. His 
position is, that the supreme power re- 
sides in the States, as governments ; and 
mine is, that it resides in the people, as 
the fountain of government ; that the 
people have not — that the people meant not 
— and that the people ought not — to part 
with it to any government whatsoever. 
In their hands it remains secure. They 
can delegate it in such proportions, to 
such bodies, on such terms, and under 
such limitations, as they think proper. 
I agree with the members in opposition, 
that there cannot be two sovereign 
powers on the same subject. * * * 
This, I say, is the inherent and inalien- 
able right of the people; and as an illus- 
tration of it, I beg to read a few words 
from the Declaration of Independ- 



ence, made by the Representatives of the 
United States, and recognized by the 
whole Union. 

" 'We hold these truths to be self-evi- 
dent, that all men are created equal ; 
that they are endowed by their Creator 
with certain inalienable rights; that 
among these are life, liberty and the 
pursuit of happiness; that to secure these 
rights, governments are instituted 
amongst men, deriving their just powers 
from the consent of the governed; that 
whenever any form of government be- 
comes destructive of these ends, it is the 
right of the people to alter, or abolish it, 
and institute a new government, laying 
its foundation on such principles, and 
organizing its powers in such forms, as 
to them shall seem most likely to effect 
their safety and happiness.' 

" This is the broad basis on which our 
Independence was placed : on the same 
certain and solid foundation this system 
is erected. ***** 

" It is mentioned that this Federal 
government will annihilate and absorb 
all the State governments. I wish to 
save, as much as possible, the time 
of the House ; I shall not, therefore, 
recapitulate what I had the honor of say- 
ing last week on this subject. I hope it 
was then shown, that, instead of being 
abolished (as insinuated), from the very 
nature of things, and from the organiza- 
tion of the system itself, the State gov- 
ernments must exist, or the general gov- 
ernment must fall amidst their ruins. In- 
deed, so far as to the forms, it is admitted 
they may remain ; but the gentlemen 
seem to think their power will be gone. 

" I shall have occasion to take notice 
of this power hereafter ; and, I believe, 
if it were necessary, it could be shown 
that the State governments, as States, 
will enjoy as much power, and more 



320 



111ST0HY OE THE UNITED STATES. 



Book II., c. 9 



dignity, happiness, and security, than 
they have hitherto done. * * 

" I say, sir, that it was the design of 
this system to take some power from the 
State governments, and to place it in the 
general government. It was also the 
design that the people should be ad- 
mitted to the exercise of some powers, 
which they did not exercise under the 
present Federation. It was thought 
proper that the citizens, as well as the 
States, should be represented. How far 
the representation in the Senate is a rep- 
resentation of States, we shall see by and 
by, when we come to consider that branch 
of the Federal government. 

" This system, it is said, unhinges and 
eradicates the State governments, and 
was systematically intended so to do. 
To establish the intention, an argument 
is drawn from Article 1st, Section 4th, on 
the subject of elections. I have already 
had occasion to remark upon this, and 
shall, therefore, pass on to the next 
objection. 

" That the last clause of the 8th Sec- 
tion of the 1st Article gives the power 
of self-preservation to the general gov- 
ernment, independent of the States, for, 
in case of their abolition, it will be al- 
leged, in behalf of the general govern- 
ment, that self-preservation is the first 
law, and necessary to the exercise of all 
other powers. 

" Now, let us see what this objection 
amounts to. Who are to have this self- 
preserving power? The Congress ? Who 
are Congress? It is a body that will 
consist of a Senate and a House of Rep- 
resentatives. Who compose this Senate ? 
Those who are elected by the Legis- 
latures of the different States. Who are 
the electors of the House of Represent- 
atives? Those who are qualified to 
vote for the most numerous branch of 



the Legislature in the separate States. 
Suppose the State Legislatures annihi- 
lated ; where is the criterion to ascertain 
the qualification of electors ? and unless 
this be ascertained, they cannot be ad- 
mitted to vote ; if a State Legislature is 
not elected, there can be no Senate, be- 
cause the Senators are to be chosen by 
the Legislatures only. 

" This is a plain and simple deduction 
from the Constitution ; and yet the ob- 
jection is stated as conclusive, upon an 
argument expressly drawn from the last 
clause of this section. 

" It is repeated with confidence, that 
this is not a Federal government, but a 
complete one, with Legislative, Execu- 
tive, and Judicial powers; it is a Con- 
solidating government. I have already 
mentioned the misuse of the term ; I wish 
the gentleman would indulge us with his 
definition of the word. If, when he says 
it is a consolidation, he means so far as 
relates to the general objects of the 
Union; so far it was intended to be a 
consolidation, and on such a consolida- 
tion, perhaps, our very existence as a 
nation depends. If, on the other hand 
(as something which has been said seems 
to indicate), he (Mr. Findlcy) means that 
it will absorb the governments of the 
individual States, — so far is this position 
from being admitted, that it is unan- 
swerably controverted. * „ * * 

" Sir, I think' there is another subject 
with regard to which this Constitution 
deserves approbation. I mean the accu- 
racy with which the line is drawn between 
the powers of the general government 
and those of the particular State govern- 
ments. We have heard some general 
observations on this subject, from the 
gentlemen who conduct the opposition. 
The)- have asserted that these powers are 
unlimited and undefined. These words 



ACTION OF THE STATES ON THE CONSTITUTION. 



3 2! 



are as easily pronounced as limited and 
defined. They have already been an- 
swered by my honorable colleague (Mr. 
McKean), therefore I shall not enter into 
an explanation. But it is not pretended 
that the line is drawn with mathematical 
precision ; the inaccuracy of language 
must, to a certain degree, prevent the 
accomplishment of such a desire. Who- 
ever views the matter in a true light, will 
see that the powers are as minutely 
enumerated and defined as was possible, 
and will also discover that the general 
clause, against which so much exception 
is taken, is^nothing more than what was 
necessary to render effectual the partic- 
ular powers that are granted. 

" But let us suppose — and this suppo- 
sition is very easy in the minds of the 
gentlemen on the other side — that there 
is some difficulty in ascertaining where 
the true line lies. Are we, therefore, 
thrown into despair ? Are disputes be- 
tween the general government and the 
State governments to be necessarily the 
consequence of inaccuracy ? I hope, sir, 
they will not be the enemies of each 
other, or resemble comets in conflicting 
orbits, mutually operating destruction, 
but that their motion will be better rep- 
resented by that of the planetary system, 
where each part moves harmoniously 
within its proper sphere, and no injury 
arises by interference or opposition. 
Every part, I trust, will be considered as 
a part of the United States. Can any cause 
of distrust arise here ? Is there any in- 
crease of risk ? Or, rather, are not the enu- 
merated pozvers as iv ell defined here, as in 
the present Articles of Confederation? " 

Again, on the I ith of December, 1787, 
he said : 

" It is objected to this system, that 
under it there is no sovereignty left in 
the State governments. * * * 



"We are next told by the 'honorable 
gentlemen in opposition (as indeed we 
have been from the beginning of the de- 
bates in this Convention, to the conclu- 
sion of their speeches yesterday) that 
this is a consolidated government, and 
will abolish the State governments. 

" Definitions of a consolidated govern- 
ment have been called for ; the gentle- 
men gave us what they termed defini- 
tions, but it does not seem to me, at 
least, that they have, as yet, expressed 
clear ideas upon the subject. I will en- 
deavor to state their different ideas upon 
this point. The gentleman from West- 
moreland (Mr. Findley), when speaking 
on this subject, says that he means by a 
consolidation, ' that government which 
puts the thirteen States into one.' 

"The honorable gentleman from Fay- 
ette (Mr. Smilie) gives you this defini- 
tion : ' What I mean by a consolidated 
government is one that will transfer the 
sovereignty fiom the State governments 
to the general government.' 

"The honorable member from Cum- 
berland (Mr. Whitehill), instead of giving 
you a definition, sir, tells you again that 
'it is a consolidated government, and 
we have proved it so.' 

" These, I think, sir, are the different 
descriptions given to us of a consolidated 
government. As to the first, that it 
is a consolidated government that puts 
the thirteen United States into one — if it 
is meant that the general government will 
destroy the governments of the States — 
I will admit that such a government 
would not suit the people of America. 
It would be improper for this country, 
because it could not be proportioned to 
its extent on the principle of freedom. 
But that description does not apply to the 
system before you. This, instead of 
placing the State governments in jeop- 



322 



HISTORY OE THE UNITED STATES. 



Book II., c. 9 



ardy, is founded on their existence. On 
this principle its organization depends; 
it must stand or fall, as the State govern- 
ments are secured or ruined. Therefore, 
though this may be a very proper descrip- 
tion of a consolidated government, yet it 
must be disregarded as inapplicable to 
the proposed Constitution. // is not 
treated with decency when such insinua- 
tions are offered against it." * 

So much for the debates in the Penn- 
sylvania Convention. It is to be re- 
gretted that no part of these debates has 
been preserved but the speeches of Mr. 
Wilson, from which these extracts have 
been read. From these, however, it 
abundantly appears that the nature and 
character of the government to be insti- 
tuted under the Constitution of the 
United States was thoroughly discussed. 
It appears clearly that there was strong 
ition to many of its features, but 
what is of very great importance in 
tracing the true facts of history, it is 
equally clear that Mr. Wilson, and the 
majority who acted with him in that 
Convention, held the Constitution to be 
strictly Federal, and that the government 
instituted by it was a Federal govern- 
ment, or Confederated Republic. What- 
ever may have been his original views as 
to a consolidation of the States into one 
n itional republic, he distinctly and 
frankly avowed that the Constitution 
which had been agreed upon did not ef- 
fect that result. He declared further, 
that according to his understanding of 
the Constitution, the State governments, 
as States under it, would enjoy as much 
power, and more dignity, happiness and 
security, than they had done before. He 
insisted that no cause of distrust should 
arise from apprehensions on that score; 
for the powers of the Federal govern- 

* Elliot's Debates, vol. ii., pp. 481, 4S2, 502, 503. 



ment, said he, with emphasis, were as 
well defined in the Constitution as under 
the Articles of Confederation. His 
whole powers seem to have been put 
forth to demonstrate that it was not a 
consolidated government, as the oppo- 
nents of it argued that it would be con- 
strued to be. He declared that it was 
not treating the Constitution with decency, 
to make such insinuations against it. 
These speeches of Mr. Wilson, without 
doubt, controlled the majority of the 
Pennsylvania Convention, who gave the 
Constitution their sanction. They show 
clearly what must have been the under- 
standing of the friends and advocates of 
the Constitution as to its nature, and as 
to the nature of the Union thereby estab- 
lished, when they styled it, in their ordi- 
nance of ratification, " a Constitution for 
States." These speeches of Mr. Wilson 
were extensively published in the news- 
papers of the day. They were widely 
circulated in other States, and Mr. Curtis 
says had great influence on the action 
of other State Conventions.* Let us, 
however, proceed with the other States. 
The next in order is New Jersey. 

THIRD, NEW JERSEY. 

The Legislature of this State called a 
Convention of her people, to which the 
Constitution was referred. That Conven- 
tion came to the following resolutions 
and ordinance: f 

" In Convention of the State of New 
Jersey ( 1 8th December, 1787). 

"Whereas, A Convention of Delegates 
from the following States, viz : New 
Hampshire, Massachusetts, Connecticut, 
New York, New Jersey, Pennsylvania, 
Delaware, Maryland, Virginia, North 
Carolina, South Carolina, and Georgia, 

* Curtis on the Constitution of U. S. 
f Elliot's Debates, vol. i., p. 320. 



ACTION OF THE STATES ON THE CONSTITUTION. 



323 



met at Philadelphia, for the purpose of 
deliberating on, and forming, a Constitu- 
tion for the United States of America, — 
finished their session on the 17th day of 
September last, and reported to Congress 
the form which they had agreed upon, in 
the words following, viz. : 

"And whereas, Congress, on the 28th 
day of September last, unanimously did 
resolve, ' That the said report, with the 
resolutions and letter accompanying the 
same, be transmitted to the several Legis- 
latures, in order to be submitted to a 
Convention of Delegates, chosen in each 
State by the people thereof, in conformity 
to the resolves of the Convention made 
and provided in that case ; 

" % And whereas, The Legislature of this 
State did, on the 29th day of October 
last, resolve in the words following, viz. : 

" 'Resolved, unanimously, That it be 
recommended to such of the inhabitants 
of this State as are entitled to vote for 
Representatives in General Assembly, to 
meet in their respective counties on the 
fourth Tuesday in November next, at the 
several places fixed by law for holding 
the annual elections, to choose three 
suitable persons to serve as delegates 
from each county in a State Convention, 
for the purposes hereinbefore mentioned, 
and that the same be conducted agreeably 
to tiie mode, and conformably with the 
rules and regulations prescribed for con- 
ducting such elections; 

"'Resolved, unanimously, That the 
persons so selected to serve in State 
Convention do assemble and meet 
together on the second Tuesday in De- 
cember next, at Trenton, in the county 
of Hunterdon, then and there to take 
into consideration the aforesaid Consti- 
tution, and if approved of by them, finally 
to ratify the same in behalf and on the 
part of this State, and make report 



thereof to the United States in Congress 
assembled, in conformity with the reso- 
lution thereto annexed ; 

" 'Resolved, That the sheriffs of the 
respective counties of this State shall be, 
and they are hereby, required to give as 
timely notice as may be, by advertise- 
ments, to the people of their counties, 
of the time, place, and purpose of hold- 
ing elections, as aforesaid ; 

"And zt'hereas, The Legislature of this 
State did also, on the 1st day of No- 
vember last, make and pass the following 
act, viz. : 'An Act to authorize the people 
of this State to meet in convention, de- 
liberate upon, agree to, and ratify, the 
Constitution of the United States pro- 
posed by the late General Convention, — 
Be it enacted by the Council and Gen- 
eral Assembly of this State, and it is 
hereby enacted by the authority of the 
same, That it shall and may be lawful for 
the people thereof, by their Delegates, to 
meet in Convention to deliberate upon, 
and, if approved of by them, to ratify, 
the Constitution for the United States, 
proposed by the General Convention 
held at Philadelphia, and every act, matter 
and clause, therein contained, conform- 
ably to the resolutions of the Legislature, 
passed the 29th day of October, 1787 — 
any law, usage, or custom to the contrary 
in any wise, notwithstanding ; ' 

" Now be it known, That we, the Del- 
egates of the State of New Jersey, chosen 
by the people thereof, for the purposes 
aforesaid, having maturely deliberated on 
and considered the aforesaid proposed 
Constitution, do hereby, for and on be- 
half of the people of the said State of 
New Jersey, agree to, ratify, and confirm 
the same and every part thereof. 

" Done in Convention, by the unani- 
mous consent of the members present, 
this 1 8th day of December, in the year 



324 



HISTORY OE THE UX1TED STATES. 



Book II., c. 9 



of our Lord 1787, and of the Indepcnd- ' 
encc of the United States of America the 
twelfth." 

There was no opposition to the Con- 
stitution in the Convention of New 
Jersey. It was unanimously adopted. 
But the action of the Convention shows 
how they understood it. They agreed 
to and ratified it as " a Constitution for 
the United States of America." 

FOURTH, GEORGIA. 

The next State in order is Georgia. 
Her action is embodied in an ordinance 
passed the 2d of January, 17S8, and is as 
follows : * 

" In Convention, Wednesday, January 
2d, 1788. 

■• '/',' alt to whom these presents shall come, Greeting: 

"Whereas, the form of a Constitution 
for the government of the United States 
of America was, on the 17th day of Sep- 
tember, 1787, agreed upon and reported 
to Congress, by the deputies of the said 
United States, convened in Philadelphia, 
which said Constitution is written in the 
words following, to wit : 

"And whereas, the United States in 
Congress assembled, did, on the 28th day 
of September, 1787, Resolve, unani- 
mously, ' That the said report, with the 
resolutions and letter accompanying the 
same, be transmitted to the several Legis- 
latures, in order to be submitted to a Con- 
vention of Delegates chosen in each State 
by the people thereof, in conformity to 
the resolves of the Convent on made and 
provided in that case ; ' 

"And -whereas, the Legislature of the 
State of Georgia did, on the 26th day 
of October, 1787, in pursuance of the 
above-recited resolution of Congress, 

"Resolve. That a Convention be elected 
on the day of the next general election, 

* Elliot's Debates, vol. i., p. 323. 



and in the same manner that represent- 
atives are elected ; and that the said 
Convention consist of not more than 
three members from each county; and 
that the said Convention should meet at 
Augusta, on the fourth Tuesday in De- 
cember then next, and as soon there- 
after as convenient proceed to consider 
the said report and resolutions, and to 
adopt or reject any part or the whole 
thereof; 

" Now know ye, that we, the delegates 
of the people of the State of Georgia, in 
Convention met, pursuant to the resolu- 
tions of the Legislature aforesaid, having 
taken into our serious consideration the 
said Constitution, have assented to, rati- 
fied, and adopted, and by these presents 
do, in virtue of the powers and authority 
to us given by the people of the said 
State for that purpose, for and in behalf 
of ourselves and our constituents, fully 
and entirely assent to, ratify, and adopt 
the said Constitution. 

" Done in Convention, at Augusta, in 
the said State, on the 2d day of Janu- 
ary, in the year of our Lord 1788, and 
of the independence of the United States 
the twelfth." 

In the Georgia Convention there was 
no opposing voice. The Constitution 
was unanimously assented to, ratified, 
and adopted as " a Constitution for the 
government of the United States of 
America." A government of States. A 
Federal Republic. 

FIFTH, CONNECTICUT. 

We come now to Connecticut. First, 
we will look at the words of her ratifica- 
tion. These are as follows : 

" In the name of the people of the State 
of Connecticut : We, the delegates of 
the people of said State, in General Con- 
vention assembled, pursuant to an act of 



ACTION OF THE STATES ON THE CONSTITUTION. 



325 



the Legislature in October last, have 
assented to, and ratified, and by these 
presents do assent to, ratify, and adopt 
the Constitution reported by the Con- 
vention of Delegates in Philadelphia, on 
the 17th day of September, a. d. 1787, 
for the United States of America. 

" Done in Convention, at Hartford, this 
9th day of January, a. d. 1788. In wit- 
ness whereof, we have hereunto set our 
hands."* 

Connecticut ratified the Constitution 
as a form of government for States. This 
shows the understanding of the Conven- 
tion, so far as these words used in the 
ratification go. But we are not left to 
bare inference or argument from them. 
What Roger Sherman and Oliver Ells- 
worth, two of the delegates from this 
State, said of the Constitution, in a letter 
to the Governor of the State, on the ad- 
journment of the Federal Convention, is 
on record. In that they stated dis- 
tinctly that the sovereignty of the States 
was retained, t But besides this, we 
have the debates in the ratifying Con- 
vention. 

These will now be noted in the second 
place. There were several men of great 
ability in this Convention, among whom 
no one was more prominent than Mr. 
Ellsworth himself. He was afterwards 
Chief-Justice of the Supreme Court of 
the United States. On him, as a mem- 
ber of the Philadelphia Convention, de- 
volved the part of opening the discussion 
in the body then assembled to consider 
the Constitution. His opening words 
were as follows : 

" Mr. President: — It is observable that 
there is no preface to the proposed Con- 
stitution, but it evidently presupposes 
two things ; one is the necessity of a 



* Elliot's Debates, vol. i., p. 321. 

f See War Between the States, vol. i., p. 154. 



Federal government : the other is the 
inefficiency of the old Articles of Confed- 
eration." 

After going through with a detail of 
the structure of the government pro- 
posed, he concluded by saying: 

" The Constitution before us is a com- 
plete system of legislative, judicial and 
executive power. It was designed to 
supply the defects of the former system ; 
and I believe, upon a full discussion, it 
will be found to answer the purposes for 
which it was designed."* 

He afterwards, in reply to objections 
" that the powers delegated by the 
Constitution were of themselves incon- 
sistent with the nature of a Federal gov- 
ernment" said : 

" The honorable objector maintains if 
Congress levies money they must- legis- 
late. I admit it. ' Two legislative pow- 
ers,' says he, ' cannot legislate on the 
same subject in the same place.' I ask, 
why can they not ? It is not enough to 
say they cannot. I wish for some rea- 
son. I grant that both cannot legislate 
upon the same object at the same time, 
and carry into effect laws which are con- 
trary to each other. But the Constitu- 
tion excludes everything of this kind. 
Each Legislature has its province ; their 
limits may be distinguished. * * 

" Two several Legislatures have in 
fact existed, and acted at the same time, 
and in the same territory. It is in vain 
to say they cannot exist, when they 
actually have done it. In the time of 
war we had an army. Who made the 
laws for the army ? By whose authority 
were offenders tried and executed ? 
Congress. By their authority a man* 
was taken, tried, condemned, and hanged 
in this very city. He belonged to the 
army ; he was a proper subject of mili- 
* Elliot's Debates, vol. ii., pp. 185-190. 



HISTORY OF THE UMTKD STATES. 



326 

tury law ; he deserted to the enemy ; he 
deserved his fate."* 

In this way he maintained that there 
would be no change in principle in the 
operation of laws passed by the Con- 
gress, under the Constitution, in levying 
taxes directly upon the people, from 
laws that had been passed by the Con- 
gress, under the Confederation in other 
cases. The great benefit that would 
flow from the extension, in the Constitu- 
tion, of this principle, that had been 
acted on to a limited extent, under the 
Confederation, he proceeded to explain 
with great force, and showed its perfect 
practicability under a Federal system. 
The point was a collection of revenues 
by levies on the people, instead of requi- 
sitions on the States. In another speech 
he said : 

"Hence, we sec, how necessary for 
the Union is a coercive principle. No 
man pretends the contrary; we all see 
and feel this necessity. The only ques- 
tion is, shall it be a coercion of law, or a 
coercion of arms? There is no other 
possible alternative. Where will those 
who oppose a coercion of law come out? 
Where will they end? A necessary con- 
sequence of their principles is a war of 
the States, one against the other. I am 
for coercion by law — that coercion which 
acts only upon delinquent individuals. 
This Constitution dors not attempt to coerce 
Sovereign bodies, States, in their political 
capacity. No coercion is applicable to 
such bodies, but that of an armed force. 
If we should attempt to execute the 
laws of the Union by sending an armed 
force against a delinquent State, it would 
involve the good and bad, the innocent 
and guilty, in the same calamity. But 
this legal coercion singles out the guilty 



Book II., c. tf 



* Elliot's Debates, vol. ii., p. 196. 



individual, and punishes him for break- 
ing the laws of the Union."* 

He was speaking of the great advan- 
tage that would result from delegating 
to the Congress power to pass laws that 
would operate directly upon the people, 
and not upon the States in their corporate 
capacities. This, he maintained, would 
be a great improvement in the Federal 
system, especially in the collection of 
taxes. And he contended further, that 
it really involved no new principle; that 
the Congress had, by virtue of the Arti- 
cles of Confederation, acted upon the 
same principle, so far as persons in the 
land and naval forces were concerned. 

Nothing in this speech is inconsistent 
with his and Mr. Sherman's joint letter 
to Governor Huntingdon touching the 
reserved sovereignty of the States. In- 
deed, in this very speech, he says the 
Constitution does not attempt to coerce 
sovereign bodies, States, in their political 
capacity. There is no trace, in the de- 
bates in the Connecticut Convention, of 
a contrary opinion being entertained. 
The general doctrine of all the friends 
of the Constitution in this Convention 
was, not only that it established a Federal 
Government, but that the rights of the 
States were amply secured by it. This 
was the judgment of Governor Hunting- 
don, who was a member of the Conven- 
tion. It was the judgment of Richard 
Law, who said : " Consider that this 
general government rests upon the 
State governments for its support. It is 
like a vast and magnificent bridge, built 
upon thirteen strong and stately pillars. 
Now, the rulers, who occupy the bridge, 
cannot be so beside themselves as to 
knock away the pillars which support the 
whole fabric." * 

♦Elliot's Debates, vol. ii., p. 197. 
f Ibid., p. zoi. 



ACTION OF THE STATES ON THE CONSTITUTION. 



327 



Oliver Wolcott, who was afterwards 
Secretary of the Treasury, and the de- 
voted political friend of Mr. Hamilton, 
said : " The Constitution effectually se- 
cures the States in their several rights. 
It must secure them, for its own sake ; 
for they are the pillars which uphold the 
general system. The Senate, a con- 
stituent branch of the general Legisla- 
ture, without whose assent no public act 
can be made, are appointed by the States, 
and will secure the rights of the several 
States." 

"So well guarded is this Constitu- 
tion throughout, that it seems impossi- 
ble that the rights either of the States or 
of the people should be destroyed." * 

This is quite enough to show what the 
Convention of Connecticut thought of 
the Constitution, and hence we see in 
their ratification they use the same words; 
they adopt it as a Constitution " for the 
United States of America." 

SIXTH, MASSACHUSETTS. 

We now come to the State of Massa- 
chusetts. It is tedious to go through all 
these dry, musty records. But it is 
essential to the ascertainment of the 
truth of history; they are the title-deeds 
of our political inheritance of Constitu- 
tional Liberty. From them alone can 
the essential facts be brought to light. 
It would be difficult to imagine how any 
stronger proof could be adduced to 
establish the fact that Massachusetts, at 
the time, considered the Union perfected 
by the Constitution to be a Federal one 
between the States, than her own action 
on the adoption of it furnishes. 

First, the ratification itself. It is in 
these words: 

" Commonwealth of Massachusetts : 

" The Convention having impartially 



* Elliot's Debates, vol. ii., p. 201. 



discussed, and fully considered, the Con- 
stitution for the United States of America, 
reported to Congress by the Convention 
of delegates from the United States of 
America, and submitted to us by a resolu- 
tion of the General Court of the said 
Commonwealth, passed the 25th day of 
October, last past, and acknowledging, 
with grateful hearts, the goodness of the 
Supreme Ruler of the Universe in afford- 
ing the people of the United States, in 
the course of his providence, an oppor- 
tunity, deliberately and peaceably, with- 
out fraud or surprise, of entering into an 
explicit and solemn compact with each 
other, by assenting to and ratifying a 
new Constitution, in order to form a 
more perfect Union, establish justice, in- 
sure domestic tranquillity, provide for the 
common defence, promote the general 
welfare, and secure the blessings of 
liberty to themselves and their posterity, 
— do, in the name and in behalf of the 
people of the Commonwealth of Massa- 
chusetts, assent to and ratify the said 
Constitution for the United States of 
America. 

"And as it is the opinion of this Con- 
vention that certain amendments and 
alterations in the said Constitution would 
remove the fears, and quiet the appre- 
hensions of many of the good people of 
this Commonwealth, and more effectually 
guard against an undue administration 
of the Federal government, — the Con- 
vention do therefore recommend that 
the following alterations and provisions 
be introduced into the said Constitution : 

" I. That it explicitly declare that all 
powers not expressly delegated by the 
aforesaid Constitution are reserved to 
the several States, to Be by them exer- 
cised. 

" II. That there shall be one repre- 
sentative to every thirty thousand per 



328 



HISTORY OF HIE UNITED STATES. 



Book II., c. 9 



sons, according to the census mentioned j 
in the Constitution, until the whole 
number of the representatives amount to 
two hundred. 

" III. That Congress do not exercise 
the powers vested in them by the 4th 
section of the 1st article but in cases 
where a State shall neglect or refuse to 
make the regulations therein mentioned, 
or shall make regulations subversive of 
the rights of the people to a fxec and 
equal representation in Congress, agree- 
ably to the Constitution. 

" IV. That Congress do not lay direct 
taxes but when the moneys arising from 
the impost and excise are insufficient for 
the public exigencies, nor then until Con- 
gress shall have first made a requisition 
upon the States, to assess, levy and pay 
their respective proportion of such re- 
quisition, agreeably to the census fixed 
in the said Constitution, in such way 
and manner as the Legislatures of the 
States shall think best ; and in such 
case, if any State shah neglect or refuse 
to pay its proportion pursuant to such 
requisition, then Congress may assess 
and levy such State's proportion, to- 
gether with interest thereon at the rate of 
six per cent, per annum, from the time of 
payment prescribed in such requisition. 

" Y. That Congress erect no company 
of merchants with exclusive advantages 
of commerce. 

"VI. That no person shall be tried 
for any crime by which he may incur an 
infamous punishment, or loss of life, 
until he be fust indicted by a grand jury, 
except in such cases as may arise in the 
government and regulation of the land 
and naval forces. 

"VII. The Supreme Judicial Federal 
Court shall have no jurisdiction of causes 
between citizens of different Stales, un- 
less the matter in dispute, whether it 



concerns the realty or personalty, be of 
the value of three thousand dollars at 
the least; nor shall the Federal judicial 
powers extend to any actions between 
citizens of different States, where the 
matter in dispute, whether it concerns 
the realty or personalty, is not of the 
value of fifteen hundred dollars at least. 

"VIII. In civil actions between citi- 
zens of different States, every issue of 
fact, arising in actions at common law, 
shall be tried by a jury, if the parties, or 
cither of them, request it. 

" IX. Congress shall at no time con- 
sent that any person, holding an office 
of trust or profit under the United States, 
shall accept of a title of nobility, or any 
other title or office from any king, 
prince, or foreign State. 

"And the Convention do, in the name 
and in behalf of the people of this Com- 
monwealth, enjoin it upon their repre- 
sentatives in Congress, at all timer., until 
the alterations and provisions aforesaid 
have been considered, agreeably to the 
fifth article of the said Constitution, to 
exert all their influence, and use all rea- 
sonable and legal methods to obtain a 
ratification of the said alterations and 
provisions, in such manner as is pro- 
vided in the said article. 

"And that the United States, in Con- 
gress assembled, ma)- have due notice 
of the assent and ratification of the said 
Constitution by this Convention, it is 

"Resolved, That the assent and ratifica- 
tion aforesaid be engrossed on parch- 
ment, together with the recommendation 
and injunction aforesaid, ami with this 
resolution ; and that his Fxcellency, 
John Hancock', F.sqr., President, and the 
Hon. William Cushing, F.sqr., Vice-Pres- 
ident of the Convention, transmit the 
same, countersigned by the Secretary of 
the Convention, under their hands and 



ACTION OF THE STATES ON THE CONSTITUTION. 



329 



seals, to the United States in Congress 
assembled." * 

Here we see potent words. The in- 
strument is recognized as a new Consti- 
tution ! New in contradistinction to the 
old one ! That was the Articles of Con- 
federation. It is distinctly declared to 
be a compact to form a more perfect 
Union — a more perfect Union, of course, 
between the same parties. Those parties 
were the several States, or the people of 
the several States, in their sovereign 
character. We see it was adopted as " a 
Constitution for the United States of 
America " — not, as has been repeatedly 
said in this work, for the whole American 
people, but for the American States 
united by the compact. The govern- 
ment, we see, was to be Federal. The 
Supreme Court of the United States is 
styled " the Supreme Judicial Federal 
Court." The whole proceedings, from 
beginning to end, show upon their face 
Federal action and Federal engage- 
ments. The instrument ratified was di- 
rected to be sent " to the United States 
in Congress assembled." But this is not 
all. The Constitution was not ratified 
by the Convention of Massachusetts 
without violent opposition. What was 
said pro and con is upon record. These 
sayings at the time constitute a part of 
the irs gsstcz, and are to be taken with 
it, if necessary, for a clearer explanation 
of the understanding of the resolutions 
they came to. 

There were great men in that Conven- 
tion — men who were the lights of the 
age in which they lived. Samuel 
Adams, Fisher Ames, Rufus King, 
Theophilus Parsons, James Bowdoin, 
and John Hancock were there. The 
questions involved were deemed of the 
most momentous character. None of 



*See Eilioi's Debates, vol. ii., pp. 322, 323. 



greater importance had engaged the at- 
tention of Massachusetts statesmen, 
since the ever memorable struggles over 
their charter, in 1685 and 1774, and 
which finally ended in the war of the 
Revolution, and establishment of the 
complete independence and sovereignty 
of the Commonwealth. By many it was 
thought this sovereignty would be endan- 
gered by the adoption of this new Consti- 
tution. At the head of this class was the 
renowned Samuel Adams. With him 
stood conspicuously, Singletary, Bod- 
man , Widgery, Taylor, Nason, and Choate. 

They doubtless had in mind the insid- 
ious encroachments upon their ancient 
rights by the crown of Great Britain, 
through the instrumentality of a Ran- 
dolph and Andrews, in 1683 and 1685. 
The reply of the deputies of Massachu- 
setts to the proposition of the crown at 
that time was not forgotten. "The 
civil liberties of New England are part 
of the inheritance of their fathers; and 
shall we give that inheritance away ? 
Is it objected that we shall be exposed 
to greater sufferings ? Better suffer than 
sin. It is better to trust the God of 
our fathers than to put confidence in 
princes ! If we suffer, because we dare 
not comply with the wills of men against 
the will of God, we suffer in a good 
cause, and shall be accounted martyrs in 
the next generation, and at the great 
day! The deputies consent not, but 
adhere to their former bills ! " * 

They did not lose sight of the fact 
that these fathers did become martyrs, 
and that their self-sacrifice was amply 
vindicated in the revolution of 168S, and 
in the re-establishment of their charter. 
It was also fresh in their minds, how 
like attempts to despoil them of their 
liberties had been made in their own 



* Bancroft, vol. ii., pp. 126, 127. 



330 



IUS10RY OE THE UNITED STATES. 



Took II., c. 



times by George III., in 1774, and hew ! 
gloriously their resistance to his en- 
croachments had resulted. 

We can easily account, therefore, for 
the apprehensions awakened in the 
breasts of such men upon the prcscnta- [ 
tion of this new Constitution. On its face 
it did not reserve expressly the sover- | 



Secondly, then, let us sample these 

debates to see the prevailing sentiments 
on both sides. 

Mr. Shurtliff. "The Convention says, 
they aimed at consolidation of the Union." 

Mr. Parsons. "The distinction is be- 
tween a consolidation of the States and a 
consolidation of the Union." 




SAMUEL ADAMS. 



eignty of the States, severally, as the old I Mr. Jones, of Boston. "The word 
one had done. At first a very large consolidation has different ideas — as 
majority of the Convention were de- different metals melted into one mass, 
cidedly opposed to its adoption. The two twigs tied into one bundle."* 
session lasted for a month lacking two j Mr. Ames. "The Senators will rep- 
days. The debates have been published ! resent the sovereignty of the States. 

by order of the State Legislature and * Massachusetts Debates, published by order of 

make a volume of themselves. ' the State, p. 316. 



ACTION OF THE STATES ON THE CONSTITUTION. 



331 



The Representatives are to represent the 
people." * 

Mr. Gore. " The Senate represents the 
sovereignty of the States," etc.f 

Mr. Ames again observed, "That an 
objection was made against the Consti- 
tution, because the Senators are to be 
chosen for six years. It has been said 
that they will be removed too far from 
the control of the people, and that, to 
keep them in proper dependence, they 
should be chosen annually. It is neces- 
sary to premise that no argument 
against the new plan has made a deeper 
impression than this, that it will produce 
a consolidation of the States. This is 
an effect which all good men will depre- 
cate. For it is obvious, that, if the State 
powers are to be destroyed, the repre- 
sentation is too small. The trust, in 
that case, would be too great to be con- 
fided to so few persons. The objects of 
legislation would be so multiplied and 
complicated that the government would 
be unwieldy and impracticable. The 
State governments are essential parts of 
the system, and the defence of this arti- 
cle is drawn from its tendency to their 
preservation. The Senators represent 
the sovereignty of the States ; in the other 
House, individuals are represented. 
The Senate may not originate revenue 
bills. It need not be said that they are 
principally to direct the affairs of wars 
and treaties. They are in the quality of 
ambassadors of the States, and it will not 
be denied that some permanency in their 
office is necessary to a discharge of their 
duty. Now, if they were chosen yearly, 
how could they perform their trust? 
If they would be brought by that means 
more immediately under the influence 
of the people, then they will represent 
the State Legislatures less, and become 
* Elliot's Debates, vol. ii., p. 11. f Ibid, p. 18. 



the representatives of individuals. This 
belongs to the other House. The ab- 
surdity of this, and its repugnancy to 
the Federal principles of the Constitu- 
tion, will appear more fully, by suppos- 
ing that they are to be chosen by the 
people at large. If there is any force 
in the objection to this article, this 
would be proper. 

"But whom, in that case, would they 
represent ? Not the Legislatures of the 
States, but the people. This would 
totally obliterate the Federal features of 
the Constitution. What would become 
of the State governments, and on whom 
would devolve the duty of defending 
them against the encroachments of the 
Federal government? A consolidation 
of the States would ensue, which it is 
conceded would subvert the new Consti- 
tution, and against which this very article, 
so much condemned, is our best security. 
Too much provision cannot be made 
atrainst a consolidation. The State sjov- 
ernments represent the wishes, and feel- 
ings, and local interests of the people. 
They are the safeguard and ornament of 
the Constitution; they will protract the 
period of our liberties; they will afford 
a shelter against the abuse of power, and 
will be the natural avengers of our violated 
rights. 

"A very effectual check upon the power 
of the Senate is provided. A third part 
is to retire from office every two years. 
By this means, while the Senators are 
seated for six years, they are admon- 
ished of their responsibility to the State 
Legislatures. If one-third new mem- 
bers are introduced, who feel the senti- 
ments of their States, they will awe that 
third whose term will be near expiring. 
This article seems to be an excellence 
of the Constitution, and affords just 
ground to believe that it will be, in 



332 



HISTORY OF THE UXITED STATES. 



Book II., c. 9 



practice as in theory, a Federal Repub- 
lic."* 

Mr. Rodman (in speaking of the clause 
conferring the general powers of the 
Congress in levying and collecting taxes, 
etc.) remarked, " It had been said that 
the sovereignty of the States remains with 
them. He thought this section en- 
dangered that sovereignty, and the 
powers in that section ought to have 
been more clearly defined, as to the 
right or power of the government to use 
force in collecting taxes," etc.f 




Mr. Singletary "thought that no 
more power could be given to a despot 
than to give up the purse-strings of the 
people." X 

Mr. Choatc. " Gentlemen say this 
section (eighth, giving general powers to 
Congress) is as clear as the sun, and 
that all power is retained that is not 

* Elliot's Debates, vol. i:..p. 45, et st'</. Debates 
published by order of Massachusetts Legislature, 
f Massachusetts Debates, p. 159. + Ibid., j). 159 



given. But where is the Bill of Rights, 
which shall check the power of Con- 
gress; which shall say, thus far shall ye 
come and no farther? " * 

Mr. Porter asked " If a better rule of 
yielding power could be shown than in 
the Constitution ; for what we do not 
give," said he, "we retain." | 

" Mr. Sumner. " But some gentlemen 
object further, and say the delegations 
of these great powers will destroy the 
State Legislatures ; but, I trust, this 
never can take place, for the general 
government depends on the State Legis- 
latures for its very existence. The 
President is to be chosen by electors, 
under the regulations of the State Legis- 
latures. The Senate is to be chosen by 
the State Legislatures, and the Repre- 
sentative body by the people, under like 
regulations of the legislative body in 
the different States. If gentlemen con- 
sider this, they will, I presume, alter their 
opinion; for nothing is clearer than that 
the existence of the Legislatures in the 
different States is essential to the very 
being of the general government I 
hope, sir, we shall all sec the necessity 
of a Federal government, and not make 
objections unless they appear to us to be 
of some weight." J 

Mr. Parsons, after speaking of the 
several kinds of government, said, "The 
Federal Constitution establishes a gov- 
ernment of the last description, and, in 
this case, the people divest themselves of 
nothing! The government, and the 
powers which the Congress can admin- 
ister are the mere result of a compact, 

" But if gentlemen will still insist that 
these powers are a grant from the people, 
and, consequently, improper, let it be 

ft Massachusetts Debates, p. 180. 

f Ibid., p. 159. + Ibid., p. 162. 



ACTION OF THE STATES ON THE CONSTITUTION. 



33: 



observed that it is now too late to impede 
the grant. It is already completed. The 
Congress, under the Confederation, are 
already invested with it by solemn com- 
pact. They have power to demand what 
moneys and forces they judge necessary, 
for the common defence, and general 
welfare — powers as extensive as those 
proposed in this Constitution. * * * 

" It has been objected that we have no 
bill of rights. If gentlemen, who make 
this objection, would consider what are 
the supposed inconveniences resulting 
from a want of a declaration of rights, I 
think they would soon satisfy themselves 
that the objection has no weight. Is 
there a single natural right that we enjoy 
uncontrolled by our own Legislature, 
that Congress can infringe ? Not one ! 
Is there a single political right secured to 
us by our Constitution, against the attempt 
of our own Legislature, which we are 
deprived of in this Constitution ? Not 
one that I can recollect.* 

Mr. Rufus King (who had been in the 
Philadelphia Convention and who 
favored, while the question was open, a 
National government proper, instead of 
a Federal one) said : 

" To conclude, sir, if we mean to sup- 
port an efficient Federal government, 
which, under the old Confederation, can 
never be the case, the proposed Consti- 
tution is, in my opinion, the only one 
that can be substituted.' 'f 

It was on the 30th of January, after 
the Convention had been in session for 
three weeks, and after it was well ascer- 
tained that the Constitution could not 
get the approval of a majority of that 
body without some declaration ac- 
companying it setting forth the under- 
standing with which it was adopted, that 

* Massachusetts Debates, p. 199. 
f Elliot's Debates, vol. ii., p. 57. 



John Hancock, the President, left the 
chair and offered his proposition, which 
was, in substance, for its adoption in the 
form in which it stands. 

After this proposition was so brought 
forward, the venerable Samuel Adams, 
and quite a number with him, yielded 
their former opposition. He expressed 
himself thus : 

"As your Excellency was pleased yes- 
terday to offer, for the consideration of 
this Convention, certain propositions in- 
tended to accompany the ratification of 
the Constitution before us, I did myself 
the honor to bring them forward by a 
regular motion, not only from the respect 
due your Excellency, but from a clear 
conviction in my own mind, that they 
would tend to effect the salutary and im- 
portant purposes which you had in view 
— the removing the fears and quieting 
the apprehensions of many of the good 
people of this Commonwealth, and the 
more effectually guarding against an 
undue administration of the Federal 
government. 

" I beg leave, sir, more particularly to 
consider those propositions, and, in a 
very few words, to express my own 
opinion, that they must have a strong 
tendency to ease the minds of gentlemen 
who wish for the immediate operation 
of some essential parts of the proposed 
Constitution, as well as the most speedy 
and effectual means of obtaining altera- 
tions in some parts of it, which they are 
solicitous should be made. I will not 
repeat the reasons I offered when the 
motion was made, which convinced me 
that the measure now under considera- 
tion will have a more speedy, as well as 
a more certain influence, in effecting the 
purpose last mentioned, than the measure 
proposed in the Constitution before us. 

" Vour Excellency's first proposition 



334 



HISTORY OF THE UNITED STATES. 



Book II ,c. 9 



is, that it be explicitly declared, that all 
powers not expressly delegated to Con- 
gress are reserved to the several States, to 
be by them exercised.' This appears to 
my mind to be a. summary of a bill of 
rights, which gentlemen are anxious to 
obtain. It removes a doubt which man) 
have entertained respecting the matter, 
and gives assurances that, if any law 
made by the Federal government shall 
be extended beyond the power granted 
by the proposed Constitution and incon- 
sistent with the Constitution of this State, 
it will be an error, and adjudged by the 
courts of law to be void. It is consonant 
with the second article in the present Con- 
federation, that each State retains its soi>- 
ereignty, freedom, and independence, and 
every power, jurisdiction, and right which 
is not, by this Confederation, expressly 
delegated to the United States in Con- 
gress assembled. I have long considered 
the watchfulness of the people over the 
conduct of their rulers the strongest 
guard against the encroachments of 
power; and I hope the people of this 
country will always be thus watchful." * 

Amongst others, Fisher Ames fol- 
lowed, in a speech of some length, in 
which he said : 

" There was not any government which 
he knew to subsist, or which he had ever 
heard of, that would bear a comparison 
with the new Constitution. Considered 
merely as a literary performance, it was 
an honor to our country. Legislators 
have at length condescended to speak 
the language of philosophy ; and, if we 
adopt it, we shall demonstrate to the 
sneering world, who deride liberty, be- 
cause they have lost it, that the principles 
of our government are as free as the 
spirit of our people. 

* See Elliot's Debates, veil, ii., pp. 130, 131. Also 
War Between the States, vol. i., pp. 242-244. 



" I repeat it, our debates have been 
profitable, because upon every leading 
point we are at last agreed. Very few 
among us now deny that a Federal 
government is necessary to save us from 
ruin ; that the Confederation is not that 
government ; and that the proposed Con- 
stitution, connected with the amend- 
ments, is worthy of being adopted. The 
question recurs, Will the amendments 
prevail, and become part of the system ? 
In order to obtain such a system as the 
Constitution and amendments, there are 
but three ways of proceeding — to reject 
the whole and begin anew ; to adopt this 
plan, upon condition that the amend- 
ments be inserted into it, or to adopt his 
Excellency's proposition." * 

President Hancock concluded the de- 
bate. " I give my assent," said he, " to 
the Constitution, in full confidence that 
the amendments proposed wili soon be- 
come a part of the system. These 
amendments, being no wise local, but 
calculated to give security and ease alike 
to all the States, I think that all will agree 
to them." 

The Constitution was then ratified, as 
we have seen, by only nineteen majority. 
The whole number of the Convention 
was three hundred and fifty- five. 

Governor Hancock, in his message to 
the Legislature, 27th of February, 1 7 S S , 
communicating the action of the Con- 
vention, said : 

" The objects of the proposed Consti- 
tution are, defence against external ene- 
mies, and the promotion of tranquillity 
and happiness amongst the States. * * 

" The amendments proposed by the 
Convention are intended to obtain a con- 
stitutional security of the principles to 
which they refer themselves, and must 

* Elliot's Debates, Massachusetts Convention, vol. 
"••PP- iS5. «5 6 - 



ACTION OF THE STATES ON THE CONSTITUTION. 



33$ 



meet the wishes of all the States. I 
feel myself assured that they will very 
early become a part of the Constitution, 
and when they shall be added to the 
proposed plan, I shall consider it the 
most perfect system of government, as 
to the objects it embraces, that has been 
known amongst mankind." * 

With this record in hand, who can 
doubt as to how Massachusetts under- 
stood what she was doing? Is it not 
clear, beyond question, that she ratified 
the new Constitution in place of the old ? 
That she considered it a compact, be- 
tween States, as much as the Articles of 
Confederation ? Was there a single sup- 
porter or advocate of it in the Conven- 
tion, who did not hold it to be strictly 
Federal in its character? Did they not 
all understand its great object to be, as 
Governor Hancock said, defence against 
foreign enemies, and the promotion of 
tranquillity and happiness among the 
States? Were not all their apprehen- 
sions quieted by the early adoption of 
their first great amendment, and nearly 
all the rest ? Can there be a reasonable 
doubt on the question ? 

But we will proceed to the next State 
in order. 

SEVENTH, MARYLAND. 

The action of the State of Maryland is 
recorded in these words : 

" In Convention of the delegates of 
the people of the State of Maryland, 
April 28, 1788 : we, the delegates of the 
State of Maryland, having fully consid- 
ered the Constitution of the United 
States of America, reported to Congress, 
by the Convention of deputies from the 
United States of America, held in Phila- 
delphia, on the 17th day of December, 

* Massachusetts Debates, published by order of the 
Legislature. 



in the year 1787, of which the annexed 
is a copy, and submitted to us by a res- 
olution of the General Assembly of 
Maryland, in November session, 1787, 
do, for ourselves, and in the name and 
on behalf of the people of this State, 
assent to, and ratify the said Constitu- 
tion. 

" In witness whereof, we have here- 
unto subscribed our names."* 

In this State there was no material 
division of sentiment. There was little 
or no discussion. The vote on it was 
sixty-three to eleven. f It was simply 
assented to, and ratified as the " Consti- 
tution of the United States of America." 
The Convention of Maryland styled it a 
Constitution of States. 

EIGHTH, SOUTH CAROLINA. 

The next State in order is South Car- 
olina. First, as to the action of her 
Convention. That is set forth in these 
words : 

" In Convention of the people of the 
State of South Carolina, by their repre- 
sentatives, held in the city of Charleston, 
on Monday, the 12th day of May, and 
continued by divers adjournments to 
Friday, the 23d day of May, Anno Dom- 
ini 1788, and in the twelfth year of the 
independence of the United States of 
America. 

" The Convention, having maturely 
considered the Constitution, or form of 
government, reported to Congress by 
the Convention of delegates from the 
United States of America, and submitted 
to them by a resolution of the Legisla- 
ture of this State, passed the 17th and 
18th days of February last, in order to 
form a more perfect Union, establish 
justice, insure domestic tranquillity, pro- 

* Elliot's Debates, vol. i., p. 324. 
•j- Ibid., vol. ii., p. 549. 



35 6 



HISTORY OF THE UNITED STATES. 



Book II., c. 9 



vide for the common defence, promote 
the general welfare, and secure the 
blessings of liberty to the people of the 
said United States, and their posterity — 
Do, in the name and behalf of the peo- 
ple of this State, hereby assent to and 
ratify the said Constitution. 

" Done in Convention, the 23d day of 
May, in the year of our Lord 1788, and 
of the independence of the United States 
of America the twelfth. 

"And whereas, It is essential to the 
preservation of the rights reserved to the 
several States, and the freedom of the 
people, under the operations of a Gen- 
eral Government, that the rights of pre- 
scribing the manner, time, and place of 
holding the elections to the Federal 
Legislature, should be forever insep- 
arably annexed to the sovereignty of 
the several States ; this Convention doth 
declare, that the same ought to remain, 
to all posterity, a perpetual and funda- 
mental right in the local, exclusive of 
the mlerfcroicc of the General Govern- 
ment, except in cases where the Legis- 
latures of the States shall refuse or 
neglect to perform and fulfil the same, 
according to the terms of the said Con- 
stitution. This Convention doth also 
declare, that no section or paragraph of 
the said Constitution warrants a con- 
struction that the States do not retain 
every power not expressly relinquished 
by them, and vested in the General Gov- 
ernment of the Union. 

"Resolved, That the General Govern- 
ment of the United States ought never 
,to impose direct taxes, but where the 
moneys arising from the duties, imposts, 
and excise, are insufficient for the public 
exigencies, HOT then until Congress shall 
have made a requisition upon the States 
to assess, levy, and pay their respective 
proportions of such requisitions ; and in 



case any State shall neglect or refuse to 
pay its proportion, pursuant to such 
requisition, then Congress may assess and 
levy such State's proportion, together 
with interest thereon, at the rate of six 
per centum per annum, from the time of 
payment prescribed by such requisition. 

"Resolved, That the third section of 
the sixth article ought to be amended 
by inserting the word ' other' between 
the words ' no' and ' religious.' 

"Resolved, That it be a standing in- 
struction to all such delegates as may 
hereafter be elected to represent this 
State in the General Government, to 
exert their utmost abilities and influence 
to effect an alteration of the Constitu- 
tion, conformably to the aforegoing res- 
olutions. 

"Done in Convention, the 23d day of 
May, in the year of our Lord 1788, and 
of the independence of the United States 
of America the twelfth."* 

In these proceedings wc sec, clearly, 
that the understanding was that the 
Constitution was Federal in its character. 
The Congress is styled " The Federal 
Legislature," and, in the accompanying 
paper, proposing amendments, the re- 
served sovereignty of the several States 
is mentioned as a matter understood, 
and an express declaration that the Con- 
stitution had been assented to and rati- 
fied, with the understanding that no 
section or paragraph of the Constitution 
warranted a construction that the States 
did not retain every power not expressly 
relinquished by them. This was in the 
nature of a protocol, which went up with 
the paper, forever fixing the understand- 
ing of the State, with which she had 
entered into the compact, and the under- 
standing with which her ratification was 
accepted by the other States. 

* Elliot's Debates, vol, <., ■,>. j-5- 



ACTION OF THE STATES ON THE CONSTITUTION. 



337 



Secondly, let us look into the debates. 
Very few speeches made in this Con- 
vention have been preserved. No one 
disputed the character of the govern- 
ment. The speeches related, mostly, to 
particular powers delegated. From one 
of them we perceive, however, that there 
was spirited opposition made by a re- 
spectable minority. This was headed by 
Patrick Dollard, of Prince Fredericks. 
He said, " My constituents are highly 
alarmed at the large and rapid strides 
which this new government has taken 
towards despotism. They say it is big 
with political mischiefs, and pregnant 
with a greater variety of impending woes 
to the good people of the Southern 
States, especially South Carolina, than 
all the plagues supposed to issue from 
the poisonous box of Pandora." * 

On the question of ratification, the 
vote stood 149 to 73. 

The most important debate in South 
Carolina, on the Constitution, was in the 
Legislature, on the proposition to call a 
Convention to take it into consideration. 
In this body, as in the Convention, there 
was a respectable and spirited minority 
against the Constitution, though the 
call for a Convention was unanimous. 
In the debate on that question, Hon. 
Rawlins Lowndes concluded his speech 
by saying, " He wished for no other 
epitaph, than to have inscribed on his 
tomb, ' Here lies the man that opposed 
the Constitution, because it was ruinous 
to the liberty of America !'"f 

These apprehensions and forebodings 
were, doubtless, awakened by the utter- 
ance of such sentiments as those which 
fell from General Pinckney, in this dis- 
cussion, which Judge Story quotes. 
" He did maintain that the States sever- 
ally were never sovereign, but in this 
* Elliot's Debates, vol. iv., p. 337. flbid, p. 311. 



position he was not sustained, either by 
the Legislature, or the Convention, as 
we have seen by the Protocol of the 
latter." 

NINTH, NEW HAMPSHIRE. 

The next State in order is New 
Hampshire. Her action is set forth in 
the following words: 

" In Convention of the delegates of 
the people of the State of New Hamp- 
shire, June 2 1st, 1788. 

" The Convention, having impartially 
discussed and fully considered the Con- 
stitution for the United States of Amer- 
ica, reported to Congress by the Con- 
vention of delegates from the United 
States of America, and submitted to us 
by resolution of the General Court of 
said State, passed the 14th day of 
December, last past, and acknowledging, 
with grateful hearts, the goodness of the 
supreme Ruler of the universe in afford- 
ing the people of the United States, in 
the course of His providence, an oppor- 
tunity, deliberately and peaceably, 
without fraud or surprise, of entering 
into an explicit and solemn co. lpact 
with each other, by assenting to and 
ratifying a new Constitution, in order to 
form a more perfect Union, establish 
justice, insure domestic tranquillity, 
provide for the common defence, promote 
the general welfare, and secure the 
blessings of liberty to themselves and 
to their posterity, — Do, in the name and 
behalf of the people of the State of New 
Hampshire, assent to and ratify the said 
Constitution for the United States of 
America. And as it is the opinion of 
this Convention, that certain amend- 
ments and alterations in the said Con- 
stitution would remove the fears and 
quiet the apprehensions of many of the 
good people of this State, and more 
effectually guard against an undue ad- 



338 



HISTORY OF THE UXITED STATES. 



Book II., c. 



ministration of the Federal government, 
— The Convention do, therefore, rec- 
ommend that the following alterations 
and provisions be introduced in the said 
Constitution: 

" I. That it be explicitly declared that 
all powers not expressly and particularly 
delegated by the aforesaid Constitution 
are reserved to the several States, to be 
by them exercised. 

"II. That there shall be one repre- 
sentative to every thirty thousand per- 
sons, according to the census mentioned 
in the Constitution, until the whole 
number of representatives amount to 
two hundred. 

"III. That Congress do not exercise 
the powers vested in them, by the fourth 
section of the first article, but in cases 
when a State shall neglect or refuse to 
make the regulations therein mentioned, 
or shall make regulations subversive of 
the rights of the people to a free and equal 
representation in Congress; nor shall 
Congress in any case make regulations 
contrary to a free and equal representa- 
tion. 

" IV. That Congress do not lay direct 
taxes, but when the moneys arising from 
impost, excise, and their other resources, 
are insufficient for the public exigencies; 
nor then, until Congress shall have first 
made a requisition upon the States, to 
assess, levy, and pay their respective 
proportions of such requisition, agree- 
ably to the census fixed in the said Con- 
stitution, in such way and manner as 
the Legislature of the State shall think- 
best; and in such case, if any State shall 
neglect, then Congress may assess and 
levy such State's proportion, together 
with the interest thereon, at the rate of 
six per cent, per annum, from the time 
of payment prescribed in such requisi- 
tion. 



" V. That Congress shall erect no 
company of merchants with exclusive 
advantages of commerce. 

"VI. That no person shall be tried 
for any crime, by which he may incur 
an infamous punishment, or loss of life, 
until he first be indicted by a grand jury, 
except in such cases as may arise in the 
government and regulation of the land 
and naval forces. 

"VII. All common-law cases, be- 
tween citizens of different States, shall 
be commenced in the common-law 
courts of the respective States; and no 
appeal shall be allowed to the Federal 
court, in such cases, unless the sum or 
value of the thing in controversy amount 
to three thousand dollars. 

"VIII. In civil actions, between citi- 
zens of different States, every issue of 
fact, arising in actions at common law, 
shall be tried by jury, if the parties, or 
either of them, request it. 

"IX. Congress shall at no time con- 
sent that any person, holding an office 
of trust or profit under the United States, 
shall accept any title of nobility, or any 
other title or office, from any king, 
prince, or foreign State. 

"X. That no standing army shall be 
kept up in time of peace, unless with the 
consent of three-fourths of the members 
of each branch of Congress; nor shall 
soldiers, in time of peace, be quartered 
upon private houses, without the consent 
of the owners. 

11 XI. Congress shall make no laws 
touching religion, or to infringe the 
rights of conscience. 

" XII. Congress shall never disarm 
any citizen, unless such as are or have 
been in actual rebellion. 

"And the Convention do, in the name 
and in behalf of the people of this State, 
enjoin it u;->on their representatives in 



ACTION OF THE STATES OX THE CONSTITUTION. 



339 



Congress, at all times, until the altera- 
tions and provisions aforesaid have been 
considered, agreeably to the fifth article 
of the said Constitution, to exert all their 
influence, and use all reasonable and 
legal methods to obtain a ratification of 
the said alterations and provisions, in 
such manner as is provided in the ar- 
ticle. 

"And that the United States, in Con- 
gress assembled, may have due notice 
of the assent and ratification of the said 
Constitution by this Convention, it is 

"Resolved, That the assent and ratifi- 
cation aforesaid be engrossed on parch- 
ment, together with the recommendation 
and injunction aforesaid, and with this 
resolution ; and that John Sullivan, 
Esqr., President of the Convention, and 
John Langdon, Esqr., President of the 
State, transmit the same, countersigned 
by the Secretary of Convention, and the 
Secretary of State, under their hands 
and seals, to the United States, in Con- 
gress assembled." * 

New Hampshire followed the prece- 
dent of Massachusetts, and adopted her 
form of proceedings throughout, in 
almost the same words. No further 
comment is necessary on these. What 
has just been said on the Massachusetts 
ratification is applicable with all its force 
to that of New Hampshire. But one 
speech made in the Convention of this 
State has been preserved, and that throws 
no light upon the object of our inquiry. 
The action of the Convention, however, 
abundantly shows that the new Consti- 
tution was understood to be Federal in 
its character as the old one was. 

TENTH, VIRGINIA. 

We come now to Virginia, the mother 
* Elliof's Debates, vol. i., pp. 325-327. 



of States, as she has properly been 
called. 

First, we look into her action, then 
into the debates. 

The words of her ratification are as 
follows : 

" We, the delegates of the people of 
Virginia, duly elected in pursuance of a 
recommendation from the General As- 
sembly, and now met in Convention, 
having fully and freely investigated and 
discussed the proceedings of the Federal 
Convention, and being prepared as well 
as the most mature deliberation hath 
enabled us, to decide thereon — Do, in 
the name and in behalf of the people of 
Virginia, declare and make known, that 
the powers granted under the Constitu- 
tion, being derived from the people of 
the United States, may be resumed by 
them, whensoever the same shall be per- 
verted to their injury or oppression, and 
that every power not granted thereby 
remains with them, and at their will ; 
that, therefore, no right of any denom- 
ination can be cancelled, abridged, re- 
strained, or modified by the Congress, by 
the Senate or House of Representatives, 
acting in any capacity, by the President, 
or any department or officer of the 
United States, except in those instances 
in which power is given by the Constitu- 
tion for those purposes; and that, among 
other essential rights, the liberty of con- 
science, and of the press, cannot be can- 
celled, abridged, restrained, or modified 
by any authority of the United States. 
With these impressions, with a solemn 
appeal to the Searcher of all hearts for 
the purity of our intentions, and under 
the conviction that whatsoever imper- 
fections may exist in the Constitution 
ought rather to be examined in the mode 
prescribed therein, than to bring the 
Union into danger by a delay with a 



340 



HISTORY OF THE UNITED STATES. 



Book II , c 



hope of obtaining amendments previous 
to the ratifications, — we, the said dele- 
gates, in the name and behalf of the peo- 
ple of Virginia, do, by these presents, 
assent to, and ratify the Constitution 
recommended, on the 17th day of Sep- 
tember, 1787, by the Federal Conven- 
tion, for the government of the United 
States, hereby announcing to all those 
whom it may concern, that the said Con- 
stitution is binding upon the said people, 
according to an authentic copy hereto 
annexed, in the words following. 

" Done in Convention, this 26th day 
of June, 1788."* 

The language here used by the Con- 
vention of Virginia, in her adoption of 
the Constitution, styles the instrument a 
Constitution for the "government of the 
United States." The form of expression 
is the same as that used by Georgia. 
The meaning is the same in both. It 
was to be a Constitution for the govern- 
ment of States in their foreign and inter- 
State affairs. It is to be noted that the 
Virginia Convention expressly declare 
and make known that the powers granted 
under it maybe resumed by them whenso- 
ever they maybe perverted to their injury. 

The meaning of the people of the 
United States here seems to be the people 
of the States severally. This is clear. 
The delegation of the powers was by the 
States severally. Only those who dele- 
gate can resume. The right to resume 
or recall attends all delegations of all 
sorts. Where there is a separate or sev- 
eral delegation there cannot be a joint 
resumption. The resumption must be 
by the party making the delegation. 
But the debates in the Convention re- 
move all doubts as to their understand- 
ing upon this point. These arc the res 
gest<2 that fully explain it. 

* Elliot's Debates, vol. i., p. 327. 



Secondly, then, let us look into the 
debates. 

In Virginia, as in Massachusetts, the 
Constitution underwent a thorough dis- 
cussion. The Convention was in session 
nearly a month. Many of the ablest men 
of the State were members of it. Men who 
had first put the ball of the Revolution in 
motion were there. Patrick Henry was 
there. George Mason, Bushrod Washing- 
ton, Henry Lee, of Westmoreland, George 
Nicholas, Edmund Pendleton, Edmund 
Randolph, James Monroe, James Mad- 
ison, and John Marshall were there. A 
brighter galaxy of talent, statesmanship 
and oratory was never assembled in the 
Old Dominion. The debates fill a large 
volume by themselves. From these dis- 
cussions can be gleaned the leading ideas 
of the advocates as well as the opponents 
of the Constitution on the main point of 
our inquiry, that is, the nature and char- 
acter of the government instituted by it. 
As in Massachusetts, so in Virginia, the 
opposition was able and formidable. The 
greatest orator of the age headed it. 

" This proposal of altering our Federal 
government," said Patrick Henry, " is 
of a most alarming nature ! Make the 
best of the new government — say it is 
composed by anything but inspiration — 
you ought to be extremely cautious, 
watchful, jealous of your liberty; for, 
instead of securing your rights, you may 
lose them forever. * * * 

" I have the highest veneration for 
those gentlemen ; but, sir, give me leave 
to demand, what right had they to say, 
' We, the people f* My political curiosity, 
exclusive of my anxious solicitude for 
the public welfare, leads me to ask, who 
authorized them to speak the language 
of ' We, the people; instead of ' We, the 
States ? ' States are the characteristics 
and the soul of a Confederation ! If the 



ACTION OF THE STATES ON THE CONSTITUTION. 



341 



States be not the agents of this compact, 
it must be one great, consolidated, Na- 
tional government, of all the States ? " * 

Edmund Pendleton, President of the 
Convention, answered: "' 'JVe, the people ',' 
possessing all power, form a government, 
such as we think will secure happiness; 
and suppose, in adopting this plan, we 
should be mistaken in the end ; where 
is the cause of alarm on that quarter ? 
In the same plan we point out an easy 
and quiet method of reforming what 
may be found amiss. No, but, say gen- 
tlemen, we have put the introduction of 
that method in the hands of our servants, 
who will interrupt it from motives of 
self-interest. What then? We will re- 
sist, did my friend say ? Conveying an 
idea of force. Who shall dare to resist 
the people ? No, we will assemble in 
Convention ; wholly recall our delegated 
powers^ or reform them so as to prevent 
such abuse. * * * * * 

" This is the only government founded 
in real compact. There is no quarrel 
between government and liberty ; the 
former is the shield and protector of the 
latter."f 

" This Constitution is said to have 
beautiful features," said Mr. Henry, sub- 
sequently, " but, when I come to examine 
these features, sir, they appear to me, 
horribly frightful ! Among other de- 
formities, it has an awful squinting; it 
squints towards monarchy; and does not 
this raise indignation in the breast of 
every true American ?| 

"We are told," said he, "that this 
government, collectively taken, is with- 
out an example; that it is National in 
this part, and Federal in that part, etc. 
We may be amused, if we please, by a 
treatise of political anatomy. In the 

* Elliot's Debates, vol. iii., pp. 21-22. 
f Ibid., p. 37. J Ibid., p. 58. 



brain, it is National; the stamina are 
Federal ; some limbs are Federal ; others 
National. The Senators are voted for by 
the State Legislatures ; so far it is Fed- 
eral. Individuals choose the members of 
the first branch ; here it is National. It 
is Federal in conferring general powers, 
but National in retaining them. It is not 
to be supported by the States ; the pockets 
of individuals are to be searched for its 
maintenance. What signifies it to me 
that you have the most curious anatomi- 
cal description of it in its creation ? To 
all the common purposes of legislation, it 
is a great consolidation of government. 
You are not to have the right to legislate 
in any but trivial cases ; you are not to 
touch private contracts; you are not to 
have the right of having arms in your 
own defence ; you cannot be trusted with 
dealing out justice between man and 
man. What shall the States have to do? 
Take care of the poor, repair and make 
highways, erect bridges, and so on, and 
soon? Abolish the State Legislatures 
at once. What purposes should they be 
continued for? Our Legislature will, 
indeed, be a ludicrous spectacle — one 
hundred and eighty men marching in 
solemn, farcical procession, exhibiting a 
mournful proof of the lost liberty of 
their country, without the power of re- 
storing it. But, sir, we have the consola- 
tion that it is a mixed government ; that 
is, it may work sorely on your neck, but 
you will have some comfort by saying, 
that it was a Federal government in its 
origin. 

" I beg gentlemen to consider; lay 
aside your prejudices. Is this a Federal 
government? Is it not a consolidated* 
government for almost every purpose? 
Is the government of Virginia a State 
government after this government is 
adopted ? I grant that it is a Republican 



342 



HISTORY OF THE UNITED STATES. 



Book II., c. 9 



government, but for what purposes? 
For such trivial domestic considerations 
as render it unworthy the name of a 
Legislature. I shall take leave of this 
political anatomy, by observing that it is 
the most extraordinary that ever entered 
into the imagination of man. If our 
political diseases demand a cure, this is 
an unheard-of medicine. The honorable 
member, I am convinced, wanted a name 
for it. Were your health in danger, 
would you take new medicine ? I need 
not make use of these exclamations; 
for every member in this committee 
must be alarmed at making new and un- 
usual experiments in government."* 

Mr. Lee answered : " But, sir, this is a 
Consolidated government, he tells us; 
and most feelingly does he dwell on the 
imaginary dangers of this pretended 
Consolidation. I did suppose that an 
honorable gentleman, whom I do not 
now see (Mr. Madison), had placed this 
in such a clear light that every man 
Would have been satisfied with it. 

" If this were a Consolidated govern- 
ment, ought it not to be ratified by a 
majority of the people as individuals, and 
not as States? Suppose Virginia, Con- 
necticut, Massachusetts, and Pennsyl- 
vania had ratified it ; these four States, 
being a majority of the people of America, 
would, by their adoption, have made it 
binding on all the States, had this been 
a Consolidated government. But it is 
only the governments of those seven 
States who have adopted it. If the 
honorable gentleman will attend to 
this, we shall hear no more of Consoli- 
dation. ****** 

" I say that this new system shows, in 
stronger terms than words could declare, 
that the liberties of the people are secure. 
It goes on the principle that all power is 

* Elliot's Debates, vol. iii., pp. 171, 172. 



in the people, and that rulers have no 
powers but what are enumerated in that 
paper. When a question arises with re- 
spect to the legality of any power, exer- 
cised or assumed by Congress, it is plain 
on the side of the governed. Is it enu- 
merated in the Constitution ? If it be, it is 
legal and just. It is otherwise arbitrary 
and unconstitutional. Candor must con- 
fess that it is infinitely more attentive to 
the liberties of the people than any State 
government. 

"[Mr. Lee then said, that, under the 
State governments, the people reserved 
to themselves certain enumerated rights, 
and that the rest were vested in their 
rulers ; that, consequently, the powers 
reserved to the people were but an incon- 
siderable exception from what were given 
to their rulers ; but that in the Federal 
government, the rulers of the people 
were vested with certain defined powers, 
and that what were not delegated to 
those rulers were retained by the people. 
The consequence of this, he said, was 
that the limited powers were only an 
exception to those which rested in the 
people, and that they knew what they 
had given up, and could be in no danger. 
He exemplified the proposition in a fa- 
miliar manner. Me observed, that if a 
man delegated certain powers to an agent, 
it would be an insult upon common sense 
to suppose that the agent could legally 
transact any business for his principal 
which was not contained in the commis- 
sion whereby the powers were delegated; 
but that if a man empowered his repre- 
sentative or agent to transact all his busi- 
ness except certain enumerated parts, the 
clear result was, that the agent could 
lawfully transact every possible part of 
his principal's business, except the enu- 
merated parts; and added, that these plain 
propositions were sufficient to demon- 



ACTION OF THE STATES ON THE CONSTITUTION. 



343 



strate the inutility and folly (were he 
permitted to use the expression) of bills 
of rights."]* 

Governor Randolph, who had favored 
a National government in the Conven- 
tion, replied as follows: " The liberty of 
the press is supposed to be in danger. 
If this were the case, it would produce 
extreme repugnancy in my mind. If it 
ever will be suppressed in this country, 
the liberty of the people will not be far 
from being sacrificed. Where is the 
danger of it ? He says that every power 
is given to the general government that 
is not reserved to the States. Pardon 
me if I say the reverse of the proposition 
is true. I defy any one to prove the con- 
trary. Every power not given it by this 
system is left with the States." f 

John Marshall (afterwards chief-jus- 
tice), in reply to Mr. Henry, said : 

" We are threatened with the loss of 
our liberties by the possible abuse of 
power, notwithstanding the maxim, that 
those who give may take away. It is 
the people that give power, and can take 
it back. What shall restrain them ? 
They are the masters who give it, and 
of whom their servants hold it" % 

George Nicholas said : " But it is ob- 
jected to for want of a bill of rights. It 
is a principle universally agreed upon, 
that all powers not given are retained. 
Where, by the Constitution, the general 
government has general powers for any 
purpose, its powers are absolute. Where 
it has powers with some exceptions, they 
are absolute only as to those exceptions. 
In either case, the people retain what is 
not conferred on the general government, 
as it is by their positive grant that it has 
any of its powers. In England, in all 
disputes between the king and people, 



* Elliot's Debates, vol. iii., p. 186. 

f Ibid., p. 203. I Ibid., p. 233. 



recurrence is had to the enumerated 
rights of the people to determine. Are 
the rights in dispute secured ? Are they 
included in Magna Charta, Bill of Rights, 
etc.? If not, they are, generally speak- 
ing, within the king's prerogative. In 
disputes between the Congress and the 
people, the reverse of the proposition 
holds. Is the disputed right enumerated ? 
If not, Congress cannot meddle with 

:♦- " * * * * * * 

" Mr. Nicholas concluded by making a 
few observations on the general structure 
of the government, and its probable happy 
operation. He said that it was a govern- 
ment calculated to suit almost any extent 
of territory. He then quoted the opinion 
of the celebrated Montesquieu, vol.i., b. 9, 
where that writer speaks of a Confederate 
Republic as the only safe means of extend- 
ing the sphere of a Republican govern- 
ment to any considerable degree." * 

Mr. Madison said : " The powers of the 
general government relate to external 
objects, and are but few. But the powers 
in the States relate to those great objects 
which immediately concern the pros- 
perity of the people. Let us observe, 
also, that the powers in the general gov- 
ernment are those which will be exer- 
cised mostly in time of war, while those 
of the State governments will be exer- 
cised in time of peace. I should not 
complete the view which ought to be 
taken of this subject, without making 
this additional remark — that the powers 
vested in the proposed government are 
not so much an augmentation of powers 
in the general government, as a change 
rendered necessary for the purpose of 
giving efficacy to those which were vested 
in it before. It cannot escape any gen- 
tleman, that this power, in theory, exists 
in the Confederation as fully as in this 



Elliot's Debates, vol. iii., p. 247. 



344 



HISTORY OF THE UNITED STATES. 



B ok II., c. 



Constitution. The only-difference is this 
— that now they tax States, and by this 
plan they will tax individuals. There is 
no theoretic difference between the two. 
But in practice there will be an infinite 
difference between them. The one is an 
ineffectual power; the other is adequate 
to the purpose for which it is given. 
This change was necessary for the public 
safety. 

" Let us suppose, for a moment, that 
the acts of Congress, requiring money 
from the States, had been as effectual as 
the paper on the table; suppose all the 
laws of Congress had complete compli- 
ance; will any gentleman say that, as far 
as we can judge from past experience, 
the State governments would have been 
debased, and all consolidated and incor- 
porated into one system ? My imagina- 
tion cannot reach it. I conceive that had 
those acts that effect, which all laws 
ought to have, the States would have re- 
tained their sovereignty." * 

George Mason (in opposition) said : 
"The objection was, that too much power 
was given to Congress — power that would 
finally destroy the State governments 
more effectually by insidious, under- 
handed means, than such as could be 
openly practised." f 

Mr. Marshall replied: "When the 
government is drawn from the people, 
and depending on the people for its con- 
tinuance, oppressive measures will not be 
attempted, as they will certainly draw on 
their authors the resentment of those on 
whom they depend. On this govern- 
ment, thus depending on ourselves for its 
existence, I will rest my safety, notwith- 
standing the danger depicted by the 
honorable gentleman. I cannot help 



* Elliot's Debates, vol. iii., pp. 259, 260, Virginia 
Slate < invention. 

■j- Elli it's Debates, vol. iii., p. 4 I 5 . 



being surprised that the worthy member 
thought this power so dangerous." * 

He then concluded by observing that 
"the power of governing the militia was 
not vested in the States, by implication, 
because, being possessed of it antecedent 
to the adoption of the government, and 
not being divested of it by any grant or 
restriction in the Constitution, they must 
necessarily be as fully possessed of it as 
ever they had been. And it could not 
be said that any of the States derived 
any powers from that system, but retained 
them, though not acknowledged in any 
part of it." f 

Mr. Henry again spoke, as follows : 
"A bill of rights may be summed up in 
a few words. What do they tell us? 
That our rights are reserved. Why not 
say so? Is it because it will consume 
too much paper ? Gentlemen's reason- 
ing against a bill of rights does not sat- 
isfy me — without saying which has the 
right side, it remains doubtful. A bill 
of rights is a favorite thing with the Vir- 
ginians, and the people of the other 
States, likewise. It may be their preju- 
dice, but the government ought to suit 
their geniuses ; otherwise its operation 
will be unhappy. A bill of rights, even 
if its necessity be doubtful, will exclude 
the possibility of dispute; and, with great 
submission, I think the best way is to 
have no dispute. In the present Consti- 
tution, they are restrained from issuing 
general warrants to search suspected 
places, or seize persons not named, with- 
out evidence of the commission of a fact, 
etc. There was certainly some celestial 
influence governing those who deliber- 
ated on that Constitution; for they have, 
with the most cautious and enlightened 
circumspection, guarded those indefeasi- 

* Elliot's Debates, vol. iii., p. 420. 
flbi.l., p. 421. 



ACTION OF THE STATES ON THE CONSTITUTION 



345 



ble rights which ought ever to be held 
sacred." * 

Mr. George Nicholas, in answer, said : 
" That, though there was a declaration 
of rights in the government of Virginia, 
it was no conclusive reason that there 
should be one in this Constitution ; for, 
if it was unnecessary in the former, its 
omission in the latter could be no defect. 
They ought, therefore, to prove that it 
was essentially necessary to be inserted 
in the Constitution of Virginia. There 
were five or six States in the Union 
which had no bill of rights, separately 
and distinctly as such ; but they annexed 
the substance of a bill of rights to their 
respective Constitutions. These States, 
he further observed, were as free as this 
State, and their liberties as secure as 
ours. If so, gentlemen's arguments from 
the precedent were not good. In Vir- 
ginia, all powers were given to the gov- 
ernment without any exception. It was 
different in the general government, to 
which certain special powers were dele- 
gated for certain purposes. He asked 
which was the more safe. Was it safer 
to grant general powers than certain lim- 
ited powers ?"**** 

"A bill of rights," continued he, "is 
only an acknowledgment of the pre-ex- 
isting claim to rights in the people. 
They belong to us as much as if they 
had been inserted in the Constitution. 
But it is said that, if it be doubtful, the 
possibility of dispute ought to be pre- 
cluded. Admitting it was proper for the 
Convention to have inserted a bill of 
rights, it is not proper here to propose it 
as the condition of our accession to the 
Union. Would you reject this govern- 
ment for its omission, dissolve the Union, 
and bring miseries on yourselves and 
posterity? I hope the gentleman does 



* Elliot's Debates, vol. iii., p. 448. 



not oppose it on this ground solely. Is 
there another reason ? He said that it is 
not only the general wish of this State, 
but all the States, to have a bill of rights. 
If it be so, where is the difficulty of hav- 
ing this done by way of subsequent 
amendment? We shall find the other 
States willing to accord with their own 
favorite wish. The gentleman last up 
says that the power of legislation in- 
cludes everything. A general power of 
legislation does. But this is a special 
power of legislation. Therefore, it does 
not contain that plenitude of power which 
he imagines. They cannot legislate in 
any case but those particularly enumer- 
ated. No gentleman, who is a friend to 
the government, ought to withhold his 
assent from it for this reason." * 

Mr. Henry continued his strenuous 
opposition in the following language: 
"The honorable gentleman (Governor 
Randolph), who was up some time ago, 
exhorts us not to fall into a repetition of 
the defects of the confederation. He 
said, we ought not to declare that each 
State retains every power, jurisdiction 
and right, which is not expressly dele- 
gated, because experience has proved the 
insertion of such a restriction to be de- 
structive, and mentioned an instance to 
prove it. That case, Mr. Chairman, ap- 
pears to me to militate against himself. 
* * * They can exercise power, by 
implication, in one instance as well as in 
another. Thus, by the gentleman's own 
argument, they can exercise the power, 
though it be not delegated. * * * 
We have nothing local to ask. We ask 
rights which concern the general happi- 
ness. Must not justice bring them into 
the concession of these ? The honorable 
gentleman was pleased to say that the 
new government, in this policy, will be 

* Elliot's Debates, vol. iii., p. 451. 



HISTORY OF THE UNITED STATES. 



346 

equal to what the present is. If so, that 
amendment will not injure that part. * * 

" He speaks of war and bloodshed. 
Whence do this war and bloodshed 
come? I fear it, but not from the 
source he speaks of. I fear it, sir, from 
the operation and friends of the Federal 
government. He speaks with contempt 
of this amendment. But whoever will 
advert to the use made, repeatedly, in 
England, of the prerogative of the king, 
and the frequent attacks on the privileges 
of the people, notwithstanding many 
legislative acts to secure them, will see 
the necessity of excluding implications. 
Nations who have trusted to logical de- 
ductions have lost their liberty." * * 

" The worthy member who proposed 
to ratify has also proposed that what 
amendments may be deemed necessary 
should be recommended to Congress, 
and that a committee should be ap- 
pointed to consider what amendments 
were necessary. Hut what does it all 
come to at last ? That it is a vain pro- 
ject, and that it is indecent and im- 
proper! I will not argue unfairly, but I 
will ask him if amendments are not un- 
attainable ? Will gentlemen, then, lay 
their hands on their hearts, and say that 
they can adopt it in this shape ? When 
we demand this security of our privi- 
leges, the language of Virginia is not 
that of respect ! Give me leave to deny! 
She only asks amendments previous to 
her adoption of the Constitution. * * 

" He tells you of the important bless- 
ings which, he imagines, will result to 
us and mankind in general from the 
adoption of this system. I see the 
awful immensity of the dangers with 
which it is pregnant! I see it! I feel 
it! I see beings of a higher order anx- 
ious concerning our decision! When I 
see beyond the horizon that bounds 
human eyes, and look at the final con- 



Eook II., c. 9 



summation of all human things, and see 
■ those intelligent beings which inhabit 
the ethereal mansions reviewing the 
political decisions and revolutions, which, 
in the progress of time, will happen in 
America, and the consequent happiness or 
misery of mankind, I am led to believe 
that much of the account, on one side or 
the other, will depend on what we now 
decide ! Our own happiness alone is not 
affected by the event ! All nations are 
interested in the determination ! We 
have it in our power to secure the hap- 
piness of one-half of the human race ! 
Its adoption may involve the misery of 
the other hemisphere!"* 

Just at this point in Mr. Henry's 
speech, the heavens blackened with a 
gathering tempest, which burst with so 
terrible a fury as to put the whole House 
in such disorder that he could proceed 
no further. It was. the last speech that 
Patrick Henry made in that Convention. 
Did he possess a superhuman vision, 
or had he caught something of the spirit 
of the ancient prophets, which enabled 
him to see farther into the future, and 
understand better the workings of politi- 
cal systems controlled by human pas- 
sions, than any of his many great and 
equally patriotic colleagues in that re- 
nowned body of sages and statesmen ? 
Did he see further in the future than 
Pendleton, Madison, or Marshall, when 
he said, "I see it! I feel it!" Did he 
get glimpses of the terrible scenes of 
the late lamentable war, or of the still 
more horrible ones that may be yet 
ahead of us? when constitutional obli- 
gations and barriers may no longer be 
binding upon those in authority, if such 
an evil day shall ever come? 

* " Here a violent storm arose, which put the House 
in such disorder that Mr. Henry was obliged to con- 
clude." — Reporter, Elliot's Debates, vol. iii., p. 625. 



ACTION OF THE STATES ON THE CONSTITUTION. 



347 



Mr. Nicholas replied, by urging " that 
the language of the proposed ratification 
would secure everything which gentle- 
men desired, as it declared that all powers 
vested in the Constitution were derived 
from the people, and might be resumed 
by them whensoever they should be 
perverted to their injury and oppression; 
and that every power not granted 
thereby remained at their will. No 
danger whatever could arise ; for, says 
he, these expressions will become a part 
of the contract. The Constitution cannot 
be binding on Virginia, but with these 
conditions. ■ If thirteen individuals are 
about to make a contract, and one agrees 
to it, but at the same time declares that 
he understands its meaning, significa- 
tion, and intent, to be (what the words 
of the contract plainly and obviously 
denote), that it is not to be construed 
so as to impose any supplementary 
condition upon him, and that he is to be 
exonerated from it whensoever any such 
imposition shall be attempted, I ask 
whether, in this case, these conditions, 
on which he has assented to it, would 
not be binding on the other twelve. In 
like manner these conditions will be 
binding on Congress. They can exer- 
cise no power that is not expressly 
granted them."* 

On the question of ratification, the 
vote stood eighty-nine to seventy-nine, 
being only ten majority in its favor.f 

Immediately afterwards, the amend- 
ments, which had been agreed upon to 
be proposed, were taken up and adopted, 
without opposition. They were twenty 
in number — very similar, in many re- 
spects, to those incorporated by Massa- 
chusetts in her ratification. The first 
and most important was in these words : 



* Elliot's Debates, vol. iii., pp. 625, 626. 
f Ibid., p. 654. 



" 1st. That each State in the Union 
shall, respectively, retain every power, 
jurisdiction, and right, which is not by 
this Constitution delegated to the Con- 
gress of the United States, or to the 
departments of the Federal govern- 
ment." * 

These proceedings conclusively show 
how the Convention of Virginia under- 
stood the Constitution. That is, that it 
was Federal in its character, and that the 
government under it was to be a Federal 
government, one founded upon compact 
between sovereign States. Not a mem- 
ber of the Convention advocated the 
Constitution upon any other principles. 
The opposition of Patrick Henry, George 
Mason, and others, was altogether argu- 
mentative, and sprung mainly from 
apprehensions that the Constitution 
would not be construed as its friends 
maintained that it would be, and that 
powers not delegated would be assumed, 
by construction and implication. These 
proceedings also show clearly, that Vir- 
ginia understood, by the declaration in 
her ratification, that her people had the 
right to resume the powers that they 
had delegated, in case these powers, in 
their judgment, should be perverted to 
their injury. 

ELEVENTH, NEW YORK. 

The next State in order is New York. 
First, we will see what was done by her 
Convention. It is in these words : 

"We, the delegates of the people of 
the State of New York, duly elected, 
and met in Convention, having maturely 
considered the Constitution for' the 
United States of America, agreed to on 
the 17th day of September, in the year 
1787, by the Convention then assembled 
at Philadelphia, in the Commonwealth 



* Elliot's Debates, vol. iii., p. 659. 



34« 

of Pennsylvania (a copy whereof pre- 
cedes these presents), and having, also, 
seriously and deliberately considered 
the present situation of the United 
States, — do declare and make known, 

" That all power is originally vested 
in, and consequently derived from, the 
people, and that government is instituted 
by them for their common interest, pro- 
tection, and security. 

" That the enjoyment of life, liberty, 
and the pursuit of happiness, are essen- 
tial rights, which every government 
ought to respect and preserve. 

" That the powers of government may 
be reassumed by the people, whensoever 
it shall become necessary to their happi- 
ness ; that every power, jurisdiction and 
right, which is not by the said Constitu- 
tion clearly delegated to the Congress 
of the United States, or the departments 
of the government thereof, remains to 
the people of the several States, or to their 
respective State governments, to whom 
they may have granted the same ; and 
that those clauses, in the said Constitu- 
tion, which declare that Congress shall 
not have or exercise certain powers, do 
not imply that Congress is entitled to 
any powers not given by the said Con- 
stitution ; but such clauses are to be 
construed either as exceptions to certain 
specified powers, or as inserted merely 
for greater caution. 

" That the people have an equal, nat- 
ural, and unalienable right, freely and 
peaceably, to exercise their religion, 
according to the dictates of conscience ; 
and that no religious sect, or society, 
ought to be favored or established by 
law in preference to others. 

" That the people have a right to keep 
and bear arms; that a well-regulated 
militia, including the body of the people, 
capable of bearing arms, is the proper, 



HISTOKY OF THE UNITED STATES. 



Book II., c. 9 



natural, and safe defence of a free 
State. 

" That the militia should not be sub- 
ject to martial law, except in time of 
war, rebellion, or insurrection. 

" That standing armies, in time of 
peace, are dangerous to liberty, and 
ought not to be kept up, except in cases 
of necessity, and that at all times the 
military should be under strict subor- 
dination to the civil power. 

" That in time of peace, no soldier 
ought to be quartered in any house 
without the consent of the owner, and in 
time of war, only by the civil magistrate, 
in such manner as the law may direct. 

" That no person ought to be taken, 
imprisoned, or disseized of his freehold ; 
or be exiled, or deprived of his privileges, 
franchises, life, liberty, or propeity, but 
by the due process of law. 

" That no person ought to be put twice 
in jeopardy of life or limb, for one and 
the same offence ; nor, unless in cases of 
impeachment, be punished more than 
once for the same offence. That every 
person restrained of his liberty is en- 
titled to an inquiry into the lawfulness 
of such restraint, and to a removal 
thereof if unlawful ; and that such in- 
quiry, or removal, ought not to be 
denied or delayed, except when, on 
account of public danger, the Congress 
shall suspend the privilege of the writ 
of habeas corpus. That excessive bail 
ought not to be required, nor excessive 
fines imposed, nor cruel or unusual pun- 
ishments inflicted. 

"That (except in the government of 
the land and naval forces, and of the 
militia, when in actual service, and in 
cases of impeachment) a presentment, or 
indictment, by a grand jury, ought to be 
observed, as a necessary preliminary to 
the trial of all crimes cognizable by the 



ACTION OF THE STATES ON THE CONSTITUTION. 



349 



judiciary of the United States; and such 
trial should be speedy, public and by an 
impartial jury of the county where the 
crime was committed ; and that no per- 
son can be found guilty without the 
unanimous consent of such jury. But 
in cases of crimes not committed within 
any county of any of the United States, 
and in cases of crimes not committed 
within any county in which a general in- 
surrection may prevail, or which may be 
in the possession of a foreign enemy, the 
inquiry and trial may be in such county 
as the Congress shall by law direct; 
which county, in the two cases last 
mentioned, should be as near as con- 
veniently may be to that county in which 
the crime may have been committed ; — 
and that, in all criminal prosecutions, 
the accused ought to be informed of the 
cause and nature of his accusation, to be 
confronted with his accusers and the 
witnesses against him, to have the means 
of producing his witnesses, and the as- 
sistance of counsel for his defence ; and 
should not be compelled to give evidence 
against himself. 

"That the trial by jury, in the extent 
that it obtains by the common law of 
England, is one of the greatest securities 
to the rights of a free people, and ought 
to remain inviolate. 

" That every freeman has a right to be 
secure from all unreasonable searches 
and seizures of his person, his papers, or 
his property ; and, therefore, that all 
warrants to search suspected places, or 
seize any freeman, his papers or property, 
without information upon oath, or affirma- 
tion of sufficient cause, are grievous and 
oppressive; and that all general warrants 
(or such in which the place or person sus- 
pected are not particularly designated) are 
dangerous, and ought not to be granted. 

" That the people have a right peace- 



ably to assemble together, to consult 
for their common good, or to instruct 
their representatives, and that every 
person has a right to petition, or apply 
to the Legislature for redress of griev- 
ances. 

" That the freedom of the press ought 
not to be violated, or restrained. 

"That there should be, once in four 
years, an election of the President and 
Vice-President, so that no officer, who 
may be appointed by the Congress, to 
act as President, in case of the removal, 
death, or resignation, or inability of the 
President and Vice-President, can in any 
case continue to act beyond the termina- 
tion of the period for which the last 
President and Vice-President were 
elected. 

" That nothing contained in the said 
Constitution is to be construed to pre- 
vent the Legislature of any State from 
passing laws at its discretion, from time 
to time, to divide such States into conven- 
ient districts, and to apportion its repre- 
sentatives to and amongst such districts. 

" That the prohibition contained in the 
said Constitution, against ex post facto 
laws, extends only to laws concerning 
crimes. 

" That all appeals in causes determina- 
ble according to the course of the com- 
mon law, ought to be by writ of error, and 
not otherwise. 

" That the judicial power of the United 
States, in cases in which a State may be 
a party, does not extend to criminal 
prosecutions, or to authorize any suit by 
any person against a State. 

" That the judicial power of the United 
States, as to controversies between citi- 
zens of the same State, claiming lands 
under grants from different States, is not 
to be construed to extend to any other 
controversies between them, except those 



35Q 



HISTORY OF THE UNITED STATES. 



Book II , c. 9 



which relate to such lands so claimed, 
under grants of different States. 

" That the jurisdiction of the Supreme 
Court of the United States, or of any 
other court to be instituted by the Con- 
gress, is not in any case to be increased, 
enlarged, or extended, by any faction, 
collusion, or mere suggestion ; and that 
no treaty is to be construed so to operate 
as to alter the Constitution of any State. 

"Under these impressions, and declar- 
ing that the rights aforesaid cannot be 
abridged, or violated, and that the ex- 
planations aforesaid are consistent with 
the said Constitution, and in confidence 
that the amendments, which shall have 
been proposed to the said Constitution, 
will receive an early and mature con- 
sideration, we, the said delegates, in the 
name and in the behalf of the people of 
the State of New York, do, by these 
presents, assent to, and ratify the said 
Constitution. In full confidence, never- 
theless, that, until a Convention shall be 
called and convened, for proposing 
amendments to the said Constitution, the 
militia of this State will not be continued 
in service out of this State for a longer 
term than six weeks, without the consent 
of the Legislature thereof ; that the Con- 
gress will not make or alter any regula- 
tion in this State, respecting the times, 
places, and manner of holding elections 
for Senators or Representatives, unless 
the Legislature of this State shall neglect 
or refuse to make laws or regulations for 
the purpose, or from any circumstance, 
be incapable of making the same; and 
that in those cases, such power will only 
be exercised until the Legislature of this 
State shall make provision in the prem- 
ises ; that no excise shall be imposed on 
any article of the growth, production, or 
manufacture of the United States, or any 
of them, within this State, ardent spirits 



excepted ; and that Congress will not 
lay direct taxes within this State but 
when the moneys arising from the im- 
post and excise shall be insufficient for 
the public exigencies, nor then until 
Congress shall first have made a requisi- 
tion upon this State, to assess, levy and 
pay the amount of such requisition, made 
agreeably to the census fixed in the said 
Constitution, in such way and manner as 
the Legislature of this State shall judge 
best; but that, in such case, if the State 
shall neglect or refuse to pay its propor- 
tion, pursuant to such requisition, then 
the Congress may assess and levy this 
State's proportion, together with interest, 
at the rate of six per centum per annum, 
from the time at which the same was re- 
quired to be paid. 

" Done, in Convention, at Poughkcep- 
sie, in the county of Duchess, in the State 
of New York, the 26th day of Jul)-, in 
the year of our Lord 1788." * 

A careful perusal of these proceedings 
leaves no doubt as to how the Con- 
vention of New York understood the 
Constitution. They recognized it as a 
Constitution for States. As Virginia, 
New York accompanied her ratification 
with the express declaration that the 
powers of government may be resumed 
by the people whensoever it shall become 
necessary to their happiness, etc. " C 'nder 
these impressions, and declaring that the 
rights aforesaid (after the enumeration 
of many, especially the reserved rights 
of the people of the several States as 
States) cannot be abridged or violated," a 
majority of the members of the Conven- 
tion gave it their assent and ratification. 
So much for what was done. 

Secondly, let us examine the res gestcc 
— the debates. 

In New York the opposition was 

* Elliot's Debates, vol. i., pp. 327-329. 



ACTION OF THE STATES ON THE CONSTITUTION. 



351 



stronger in numbers, comparatively, than 
in Virginia. On the final vote on the 
ratification, there were but three majority 
in its favor. Some of the ablest men of 
the State were in the Convention. At 
the head of the list may be placed the 
venerable Robert R. Livingston, the 
Chancellor of the State. Next to him 
stood Alexander Hamilton, who had been 
in the Philadelphia Convention. 

Now let us, as in the other State Con- 
ventions, sample the debates in this. 
The Constitution here, as in Massachu- 
setts and Virginia, was thoroughly dis- 
cussed. How was it understood by its 
advocates ? 

Chancellor Livingston opened the dis- 
cussion. After some general remarks 
" he next adverted to the form of the 
Federal government. He said that, 
though justified when considered as a 
mere diplomatic body, making engage- 
ments for its respective States, which they 
were to carry into effect, yet, if it was to 
enjoy legislative, judicial and executive 
powers, an attention as well to the facil- 
ity of doing business as to the prin- 
ciples of freedom, called for a division 
of those powers." * 

In another speech afterwards, he says: 

"The gentleman from Duchess appears 
to have misapprehended some of the 
ideas which dropped from me. My ar- 
gument was, that a Republic might very 
properly be formed by a league of States, 
but that the laws of the general legisla- 
ture must act, and be enforced upon in- 
dividuals. I am contending for this spe- 
cies of government. The gentlemen who 
have spoken in opposition to me have 
either misunderstood or perverted my 
meaning; but, sir, I flatter myself, it has 
not been misunderstood by the Conven- 
tion at large. 



* Elliot's Debates, vol. ii., p. 215. 



" If we examine the history of the 
Federal Republics whose legislative pow- 
ers were exercised only in States, in their 
collective capacity, we shall find in their 
fundamental principles the seeds of do- 
mestic violence and consequent annihi- 
lation. This was the principal reason why 
I thought the old Confederation would 
be forever impracticable." * He was for 
a government founded on a compact or 
league of States, with authority to act on 




the individual citizens of each State, and 
maintained that such was the form of 
government then presented. 

Again, he said : 

" Let us take a view of the present 
Congress. The gentleman is satisfied 
with our present Federal government, on 
the score of corruption. Here he has 
confidence. Though each State may 
delegate seven, they generally sent no 
more than three ; consequently thirty- 



* Elliot's Debates, vol. ii., p. 274. 



352 



IIIS 1 OR Y 01' THE UXITED STATES. 



Book II., c. 9 



nine men may transact any business 
under the old government; while the new 
Legislature, which will be, in all proba- 
bility, constantly full, will consist of 
ninety-one. But, says the gentleman, 
our present Congress have not the same 
powers. I answer, they have the very 
same. Congress have the power of 
making war and peace, of levying money 
and raising men; they may involve us in 
a war at their pleasure; they may nego- 
tiate loans to any extent, and make un- 
limited demands upon the States. Here 
the gentleman comes forward and says, 
that the States are to carry these powers 
into execution; and they have the power 
of non-compliance. But is not every 
State bound to comply? What power 
have they to control Congress in the ex- 
ercise of those rights, which they have 
pledged themselves to support? It is 
true they have broken, in numerous in- 
stances, the compact by which they were 
obligated; and they may do it again; but 
will the gentleman draw an argument of 
security from the facility of violating 
their faith ? Suppose there should be a 
majority of creditor States, under the 
present government, might they not 
combine, and compel us to observe the 
covenants by which we had bound our- 
selves ? 

" We are told that this Constitution 
gives Congress the power over the purse 
and the sword. Sir, have not all good 
governments this power? Nay, does 
any one doubt that, under the old Con- 
federation, Congress holds the purse and 
the sword ? How many loans did they 
procure which we are bound to pay ? 
How man)' men did they raise whom we 
are bound to maintain ? How will gen- 
tlemen say, that that body, which is in- 
deed extremely small, can be more safely 
trusted than a much larger body pos- 



sessed of the same authority ? What is 
the ground of such entire confidence in 
the one, — what the cause of so much 
jealousy of the other? " * 

Mr. Williams, in opposition, spoke as 
follows: "Sir, I yesterday expressed my 
fears that this clause would tend to anni- 
hilate the State governments. I also ob- 
served that the powers granted by it 
were indefinite, since the Congress are 
authorized to provide for the common 
defence and general welfare, and to pass 
all laws necessary for the attainment of 
these important objects. The Legisla- 
ture is the highest power in the govern- 
ment. Whatever they judge necessary 
for the proper administration of the 
powers lodged in them they may exe- 
cute without any check or impediment. 
Now, if the Congress should judge it a 
proper provision for the common defence 
and general welfare, that the State gov- 
ernments should be essentially destroyed, 
what, in the name of common sense, will 
prevent them ? Arc they not constitu- 
tionally authorized to pass such laws? 
Arc not the terms, common defence and 
general welfare, indefinite, undcfinable 
terms ? What checks have the State 
governments against such encroach- 
ments? Why, they appoint the Senators 
once in six years. So do the Electors 
of Germany appoint their Emperor. 
And what restraint have they against. 
tyranny in their head? Do they rely 
upon anything but arms, the ultima ratio? 
And to this most undesirable point must 
the States recur in order to secure their 
rights." f 

Mr. Hamilton, on the other side said : 
" Sir, the most powerful obstacle to the 
members of Congress betraying the in- 
terest of their constituents, is the State 

* Elliot's Debates, vol. ii., pp. 278, 279. 
t Ibid., p. 338. 



ACTION OF THE STATES ON THE CONSTITUTION. 



353 



Legislatures themselves, who will be 
standing bodies of observation, possess- 
ing the confidence of the people, jealous 
of Federal encroachments, and armed 
with every power to check the first essays 
of treachery. They will institute regular 
modes of inquiry. The complicated do- 
mestic attachments, which subsist be- 
tween the State legislators and their 
electors, will ever make them vigilant 
guardians of the people's rights. Pos- 
sessed of the means and disposition of 
resistance, the spirit of opposition will be 
easily communicated to the people, and, 
under conduct of an organized body of 
leaders, will act with weight and system. 
Thus, it appears that the very structure of 
the Confederacy affords the surest preven- 
tions from error, and the most powerful 
checks to misconduct."* 

Again he said : " The gentlemen are 
afraid that the State governments will be 
abolished. But, sir, their existence does 
not depend upon the laws of the United 
States. Congress can ?io more abolish the 
State governments, than they can dissolve 
the Union. The whole Constitution is 
repugnant to it, and yet the gentleman 
would introduce an additional useless 
provision against it." "f" 

Mr. Lansing, doubting, expressed him- 
self as follows : " I know not that history 
furnishes an example of a Confederated 
Republic coercing the States composing 
it, by the mild influence of laws operat- 
ing on the individuals of those States. 
This, therefore, I suppose to be a new 
experiment in politics; and as we cannot 
always accurately ascertain the results 
of political measures, and as reasoning 
on them has been frequently found 
fallacious, we should not too confidently 



* Elliot's Debates, vol. ii., pp. 266, 267. 
•}• Ibid, p. 319. 

23 



predict those to be produced by the new 
system."* 

Mr. Hamilton, in a general exposition 
of the Constitution, said: "We contend 
that the radical vice in the old Confedera- 
tion is, that the lazvs of the Union apply 
only to States in their corporate capacity. 
Has not every man, who has been in our 
Legislature, experienced the truth of 
this position ? It is inseparable from the 
disposition of bodies, who have a consti- 
tutional power of resistance, to examine 
the merits of a law. This has ever been 
the case with the Federal requisitions. 
In this examination, not being furnished 
with those lights which directed the de- 
liberations of the general government, 
and incapable of embracing the general 
interest of the Union, the States have 
almost uniformly weighed the requisition 
by their own local interests, and have 
only executed them so far as answered 
their particular convenience or advantage. 
* * * It has been observed, to coerce 
the States is one of the maddest projects 
that was ever devised. A failure of com- 
pliance will never be confined to a single 
State. This being the case, can we sup- 
pose it wise to hazard a civil war? Sup- 
pose Massachusetts, or any large State, 
should refuse, and Congress should 
attempt to compel them, would they not 
have influence to procure assistance, 
especially from those States which are in 
the same situation as themselves ? What 
picture does this idea present to our 
view ? A complying State at war with a 
non-complying State ; Congress march- 
ing the troops of one State into the 
bosom of another; this State, collecting 
auxiliaries and forming, perhaps, a 
majority against its Federal head. Here 
is a nation at war with itself. Can any 
reasonable man be well disposed towards 



*Elliot's Debates, vol. ii., p. 319. 



354 



HISTORY OF THE UNITED STATES. 



BO >K II ..'. 9 



a government which makes war and 
carnage the only means of supporting 
itself — a government that can exist only 
by the sword ? Every such war must 
involve the innocent with the guilty. 
This single consideration should be suf- 
ficient to dispose every peaceable citizen 
against such a government. But can 
we believe that one State will ever suffer 
itself to be used as an instrument of co- 
ercion ? The thing is a dream; it is im- 
possible. Then we are brought to this 
dilemma — either a Federal standing 
arnn- is to enforce the requisitions, or 
the Federal treasury is left without sup- 
plies, and the government without sup- 
port. What, sir, is the cure for this great 
evil ? Nothing, but to enable the national 
laws to operate on individuals, in the 
same manner as those of the States do. 
This is the true reasoning upon the sub- 
ject, sir. The gentlemen appear to ac- 
knowledge its force; and yet, while they 
yield to the principle, they seem to fear 
its application to the government."* 

Again, he said: "The State govern- 
ments possess inherent advantages, which 
will ever give them an influence and 
ascendency over the National govern- 
ment, and will forever preclude the pos- 
sibility of Federal encroachments. That 
their liberties, indeed, can be subverted 
by the Federal head, is repugnant to 
every rule of political calculation. Is 
not this arrangement, then, sir, a most 
wise and prudent one? Is not the 
present representation fully adequate to 
our present exigencies, and sufficient to 
answer all the purposes of the Union ? 
I am persuaded that an examination of 
the objects of the Federal governments 
will afford a conclusive ans\ver."f 

Mr. Jay, afterwards chief justice of the 

♦Elliot's Debates, vol. ii., pp. 231, 232, 233. 
f Ibid., p. 239. 



United States, said : " Sir, it seems to be, 
on all sides, agreed, that a strong, ener- 
getic, Federal government is necessary 
for the United States. It has given me 
pleasure to hear such declarations come 
from all parts of the House. If gentle- 
men are of this opinion, they give us to 
understand that such a government is 
the favorite of their desire; and also, 
that it can be instituted; that, indeed, it 
is both necessary and practicable; or 
why do they advocate it?"* 

Mr. R. Morris said : " I am happy, 
Mr. Chairman, to perceive that it is a 
principle, on all sides conceded, and 
adopted by this committee, that an ener- 
getic Federal government is essential to 
the preservation of our Union ; and that a 
Constitution for these States ought to 
unite firmness and vigor in the National 
operations, with the full securities of our 
rights and liberties." f 

Mr. Hamilton, again, said : " I insist 
that it can never be the interest or desire 
of the National Legislature to destroy 
the State governments. It can derive no 
advantage from such an event ; but, on 
the contrary, would lose an indispensable 
support, a necessary aid in executing the 
laws, and conveying the influence of gov- 
ernment to the doors of the people. 
The Union is dependent on the will of 
the State governments for its chief Mag- 
istrate, and for its Senate. The blow 
aimed at the members must give a fatal 
wound to the head ; and the destruction 
of the States must be at once a politie.il 
suicide." * * 

" The States can never lose their powers 
till the whole people of America are 
robbed of their liberties. These must 
go together : they must support each 
other, or meet one common fete." J 



* Elliot's Debates, vol. ii., p. 282. 

f Ibid., p. 296. I Ibid., p. 355. 



ACTION OF THE STATES ON THE CONSTITUTION. 



355 



" With regard to 'Cat jurisdiction of the 
two governments, I shall certainly admit 
that the Constitution ought to be so 
formed as not to prevent the States from 
providing for their own existence ; and I 
maintain that it is so formed, and that 
their power of providing for themselves 
is sufficiently established. This is con- 
ceded by one gentleman, and in the next 
breath the concession is retracted. He 
says, Congress have but one exclusive 
right in taxation — that of duties on im- 
ports ; certainly, then, their other powers 
are only concurrent. But, to take off 
the force of this obvious conclusion, he 
immediately says, that the laws of the 
United States are supreme ; and that 
where there is one supreme, there cannot 
be concurrent authority; and further, that 
where the laws of the Union are supreme, 
those of the States must be subordinate, 
because there cannot be two supremes. 
This is curious sophistry. That two 
supremes cannot act together, is false. 
They are inconsistent only when they are 
aimed at each other, or at one indivisible 
object. The laws of the United States 
are supreme as to all their proper, con- 
stitutional objects ; the laws of the States 
are supreme in the same way. These 
supreme laws may act on different objects 
without clashing, or they may operate on 
different parts of the same object, with 
perfect harmony. Suppose both govern- 
ments should lay a tax of a penny on a 
certain article ; had not each an inde- 
pendent and uncontrollable power to 
collect its own tax ? The meaning of 
the maxim, there cannot be two su- 
premes, is simply this — two powers can- 
not be supreme over each other. This 
meaning is entirely perverted by the 
gentleman. But it is said disputes be- 
tween collectors are to be referred to the 
Federal courts. This is again wandering 



in the field of conjecture. But suppose 
the fact certain ; is it not to be presumed 
that they will express the true meaning 
of the Constitution and the laws? Will 
they not be bound to consider the con- 
current jurisdiction ; to declare that both 
the taxes shall have equal operation ; that 
both the powers, in that respect, are sov- 
ereign and co-extensive ? If they trans- 
gress their duty, we are to hope that 
they will be punished. Sir, we can 
reason from probabilities alone. When 
we have common sense, and give our- 
selves up to conjecture, there can be 
no certainty, no security in our reason- 
ings. 

" I imagine I have stated to the com- 
mittee abundant reasons to prove the 
entire safety of the State governments, 
and of the people." * 

This is quite sample enough of the 
debates in New York Convention (which 
lasted for more than a month), to show- 
how the leading advocates of the Con- 
stitution in that State understood it, and 
especially how Mr. Hamilton understood 
it. His own copious and elaborate 
speeches abundantly show that he con- 
sidered the plan, finally adopted by the 
Philadelphia Convention, to be a Federal 
Constitution. And his greatest effor; = 
were put forth against those who argued 
that a different construction might be put 
upon it. In all his speeches he spoke 
of the government as Federal, and in one 
he styles it a confederacy. As such he 
gave it his zealous support, though it was 
not such a one as he wished to see 
organized. Nor was it one in which he 
had much real confidence. The idea on 
which it was based was not his own, but 
failing in his own, he patriotically took 
the plan adopted, and threw his whole 
soul into its support as an experiment. 



* Elliot's Debates, vol. ii., p. 355. 



356 



HISTORY OF THE UNITED STATES. 



Book II. c. 9- 



TWELFTH, NORTH CAROLINA. 

The next State in order is North Car- 
olina. She remained out of the Union 
for sonic time. As in the other cases, 
we will look first into her action, and 
then the debates. Her ratification is in 
these words : 

" In Convention : Whereas, the Gen- 
eral Convention which met in Phila- 
delphia, in pursuance of a recommenda- 
ti m of Congress, did recommend to the 
citizens of the United States a Constitu- 
tion or form of government, in the fol- 
lowing words, namely: Resolved, That 
this Convention, in behalf of the freemen, 
citizens, and inhabitants of the State of 
North Carolina, do adopt and ratify the 
said Constitution and form of govern- 
ment. 

" Done, in Convention, this twenty-first 
day of November, one thousand seven 
hundred and eighty-nine." 

The proceedings in North Carolina 
are short. Upon their face there is noth- 
ing that would indicate the understand- 
ing of the members of the Convention 
as to the nature and character of the 
government instituted by the Constitu- 
t.on they adopted. In the debates, the 
points discussed related mostly to the 
details of the Constitution. But quite 
enough, however, appears in them to 
si low the general understanding. 

Secondly, let us look into the debates 
in this Convention, as we have in those 
of the other States. 

Mr. Davie, who was in the Phila- 
delphia Convention, opened the discus- 
sion, and, amongst other things, said : 

"Another radical vice in the old sys- 
tem, which was necessary to be cor- 
rected, and which will be understood 
without a long deduction of reasoning, 
was, that it legislated on States, instead 
o!" individuals ; and that its powers could 



not be executed but by fire or by the sword 
— by military force, and not by the inter- 
vention of the civil magistrate. Every 
one who is acquainted with the relative 
situation of the States, and the genius 
of our citizens, must acknowledge that, 
if the government was to be carried into 
effect by military force, the most dreadful 
consequence would ensue. It would 
render the citizens of America the most 
implacable enemies to one another. If 
it could be carried into effect against the 
small States, yet it could not be put in 
force against the larger and more pow- 
erful States. It was, therefore, abun- 
dantly necessary that the influence of 
the magistrate should be introduced, 
and the laws should be carried home to 
individuals themselves. 

" In the formation of this system, 
many difficulties presented themselves 
to the Convention. 

" Every member saw that the existing 
system would ever be ineffectual, unless 
its laws operated on individuals, as mili- 
tary coercion was neither eligible nor 
practicable. ***** 

" Mutual concessions were necessary 
to come to any concurrence. A plan 
that would promote the exclusive inter- 
ests of a few States would be injurious 
to others. Had each State obstinately 
insisted on the security of its particular 
local advantages, we should newer have 
come to a conclusion. Each, therefore, 
amicably and wisely relinquished its 
particular views. The Federal Conven- 
tion have told you, that the Constitution, 
which they formed, ' was the result of a 
spirit of amity, and of that mutual defer- 
ence and concession which the peculiar- 
ity of their political situation rendered 
indispensable.' I hope the same laudable- 
spirit will govern this Convention in 
their decision on this important question.. 



ACTION OF THE STATES ON THE CONSTITUTION. 



357 



" The business of the Convention was 
to amend the Confederation, by giving 
it additional powers. The present form 
of Congress being a single body, it was 
thought unsafe to augment its powers 
without altering its organization. The 
act of the Convention is but a mere pro- 
posal, similar to the production of a 
private pen. I think it a government 
which, if adopted, will cherish and pro- 
tect the happiness and liberty of America; 
but I hold my mind open to conviction. 
I am ready to recede from my opinion, 
if it be proved to be ill-founded. I trust 
that every man here is equally ready to 
change an opinion he may have im- 
properly formed. The weakness and 
inefficiency of the old Confederation 
produced the necessity of calling the 
Federal Convention. Their plan is now 
before you ; and, I hope, on a deliberate 
•consideration, every man will see the 
'necessity of such a system. It has been 
the subject of much jealousy and cen- 
sure out of doors. I hope gentlemen 
will now come forward with their objec- 
tions, and that they will be thrown out 
and answered with candor and modera- 
tion. * * * A consolidation of the 
States is said by some gentlemen to 
have been intended. They insinuate 
that this was the cause of their giving 
this power of elections. If there were 
any seeds in this Constitution which 
might, one day, produce a consolidation, 
it would, sir, with me, be an insuperable 
objection. I am so perfectly convinced 
that so extensive a country as this can 
never be managed by one consolidated 
government. The Federal Convention 
were as well convinced as the members 
of this house that the State governments 
were absolutely necessary to the exist- 
ence of the Federal government. They 
considered them as the great massy 



pillars on which this political fabric wa^ 
to be extended and supported ; and were 
fully persuaded that, when they were 
removed, or should moulder down by 
time, the general government must 
tumble to ruin. A very little reflection 
will show that no department of it can 
exist without the State governments. 

" Let us begin with the House of 
Representatives. Who are to vote for 
the Federal Representatives ? Those 
who vote for the State Representatives. 
If the State government vanishes, the 
general government must vanish also. 
This is the foundation on which this 
government was raised, and without 
which it cannot possibly exist. 

" The next department is the Senate. 
How is it formed? By the States them- 
selves. Do they not choose them ? 
Are they not created by them? And 
will they not have the interest of the 
States particularly at heart? The States, 
sir, can put a final period to the govern- 
ment, as was observed by a gentleman 
who thought this power over elections 
unnecessary. If the State Legislatures 
think propei, they may refuse to choose 
Senators, and the government must be 
destroyed."* 

Besides this act of ratification, and the 
speeches of Mr. Davie, we have a set of 
resolutions which were passed by the 
Convention, recommending six amend- 
ments to the Constitution, which fully 
explain their understanding of the Con- 
stitution. 

The first of these is as follows : 

" I. Each State in the Union shall 
respectively retain every power, jurisdic- 
tion, and right, which is not by this 
Constitution delegated to the Congress 
of the United States, or to the depart- 
ments of the general government; nor 

* Elliot's Debates, vol. iv., pp. 21 , 22, 23, 58. 



358 



HISTORY OF THE UNITED STATES. 



shall the said Congress, nor any depart- 
ment of the said government, exercise 
any act of authority over any individual 
in any of the said States, but such as can 
be justified under some power particu- 
larly given in this Constitution ; but the 
said Constitution shall be considered at 
all times a solemn instrument, defining 
the extent of their authority, and the 
limits of which they cannot rightfully in 
any instance exceed."* 

This is quite sufficient to show that 
the people of North Carolina understood 
the Constitution they adopted to be 
Federal in its character. That is the 
object of our inquiry. 

THIRTEENTH, RHODE ISLAND. 

We come now to Rhode Island, the 
last of the States which acted upon the 
Constitution. Her proceedings are very 
voluminous. Nothing but the impor- 
tance of the question under consideration 
could justify their reproduction in this 
history. Their very length, however, 
shows how completely Federal they 
were, and guarding against every possible 
danger to their sovereignty. 

These are the words of her ratifica- 
tion : 

"We, the delegates of the people of 
the State of Rhode Island and Providence 
Plantations, duly elected, and met in 
Convention, having maturely considered 
the Constitution for the United States 
of America, agreed to on the seven- 
teenth day of September, in the year one 
thousand seven hundred and eighty- 
seven, by the Convention then assembled 
at Philadelphia, in the Commonwealth 
of Pennsylvania (a copy whereof pre- 
cedes these presents), and having also 
seriously and deliberately considered 
the present situation of this State, do 
declare and make known, — 

* Elliot's Debates, vol. iv., p. 249. 



"I. That there are certain natural 
rights of which men, when they form a 
social compact, cannot deprive or divest 
their posterity, — among which are the 
enjoyment of life and liberty, with the 
means of acquiring, possessing, and 
protecting property, and pursuing and 
obtaining happiness and safety. 

"II. That all power is naturally vested 
in, and consequently derived from, the 
people; that magistrates, therefore, are 
their trustees and agents, and at all 
times amenable to them. 

" III. That the powers of government 
may be resinned by the people whenso- 
ever it shall become necessary to their 
happiness. That the rights of the States 
respectively to nominate and appoint all 
State officers, and every other power, 
jurisdiction, and right, which is not by 
the said Constitution clearly delegated 
to the Congress of the United States, or 
to the departments of government 
thereof, remain to the people of the sev- 
eral States, or their respective State 
governments, to whom they may have 
granted the same ; and that those 
clauses in the Constitution which declare 
that Congress shall not have or exercise 
certain powers do not imply that Con- 
gress is entitled to any powers not given 
by the said Constitution; but such 
clauses are to be construed as excep- 
tions to certain specified powers, or as 
inserted merely for greater caution. 

"IV. That religion or the duty which 
we owe to our Creator, and the manner 
of discharging it, can be directed only by 
reason and conviction, and not by force 
and violence; and, therefore, all men 
have a natural, equal, and unalienable 
right to the exercise of religion accord- 
ing to the dictates of conscience; and 
that no particular religious sect, or so- 
ciety, ought to be favored or established 
by law, in preference to others. 



ACTION OF THE STATES ON THE CONS'TITUTJON. 



359 



" V. That the legislative, executive, 
and judiciary powers of government 
should be separate and distinct; and 
that the members of the two first may 
be restrained from oppression, by feeling 
and participating the public burdens, 
they should at fixed periods be reduced 
to a private station, returned into the 
mass of the people, and the vacancies 
be supplied by certain and regular 
elections, in which all, or any part of 
the former members to be eligible or 
ineligible, as the rules of the Consti- 
tution of government and the laws shall 
direct. 

" VI. That elections of representatives 
in Legislature ought to be free and fre- 
quent; and all men having sufficient 
evidence of permanent common interest 
with, and attachment to, the community, 
ought to have the right of suffrage; and 
no aid, charge, tax, or fee, can be set, 
rated, or levied, upon the people, with- 
out their own consent, or that of their 
representatives so elected, nor can they 
be bound by any law to which they 
have not in like manner consented for 
the public good. 

"VII. That all power of suspending 
laws, or the execution of laws, by any 
authority, without the consent of the 
representatives of the people in the Leg- 
islature, is injurious to their rights, and 
ought not to be exercised. 

" VIII. That, in all capital and crimi- 
nal prosecutions, a man hath the right to 
demand the cause and nature of his ac- 
cusation, to be confronted with the ac- 
cusers and witnesses, to call for evidence, 
and be allowed counsel in his favor, and 
to a fair and speedy trial by an impartial 
jury in his vicinage, without whose 
unanimous consent he cannot be found 
guilty (except in the government of the 
land and naval forces), nor can he be 



compelled to give evidence against him- 
self. 

"IX. That no freeman ought to be 
taken, imprisoned, or disseized of his 
freehold, liberties, privileges, or fran- 
chises, or outlawed, or exiled, or in any 
manner destroyed, or deprived of his life, 
liberty, or property, but by the trial by 
jury, or by the laws of the land. 

" X. That every freeman restrained 
of his liberty is entitled to a remedy, to 
inquire into the lawfulness thereof, and 
to remove the same if unlawful, and that 
such remedy ought not to be denied or 
delayed. 

" XI. That in controversies respecting 
property, and in suits between man and 
man, the ancient trial *by jury, as hath 
been exercised by us and our ancestors, 
from the time whereof the memory of 
mankind is not to the contrary, is one 
of the greatest securities to' the rights 
of the people, and ought to remain 
sacred and inviolable. 

"XII. That every freeman ought to 
obtain right and justice, freely and with- 
out sale, completely and without denial, 
promptly and without delay ; and that 
all establishments or regulations con- 
travening these rights are oppressive 
and unjust. 

" XIII. That excessive bail ought not 
to be required, nor excessive fines im- 
posed, nor cruel or unusual punishments 
inflicted. 

" XIV. That every person has a right 
to be secure from all unreasonable 
searches and seizures of his person, his 
papers, or his property ; and, therefore, 
that all warrants, to search suspected 
places, to seize any person, his papers, 
or his property, without information upon 
oath, or affirmation of sufficient cause, 
are grievous and oppressive ; and that 
all general warrants (or such in which 



360 



HISTORY OF THE UNITED STATES. 



Book II . • 



the place or person suspected are not 
particularly designated) are dangerous, 
and ought not to be granted. 

"XV. That the people have a right 
peaceably to assemble together, to con- 
sult for their common good, or to in- 
struct their representatives ; and that 
every person has a right to petition or 
apply to the Legislature for redress of 
grievances. 

" XVI. That the people have a right 
to freedom of speech, and of writing and 
publishing their sentiments. That free- 
doom of the press is one of the greatest 
bulwarks of liberty, and ought not to be 
violated. 

"XVII. That t^ie people have a right 
to keep and bear arms; that a well-regu- 
lated militia, including the body of the 
people capable of bearing arms, is the 
proper, natural and safe defence of a free 
State; that the militia shall not be sub- 
■' ject to martial law, except in time of 
war, rebellion or insurrection; that stand- 
ing armies, in time of peace, are danger- 
ous to liberty, and ought not to be kept 
up, except in cases of necessity; and 
that, at all times, the military should be 
under strict subordination to the civil 
power; that, in time of peace, no soldier 
ought to be quartered in any house with- 
out the consent of the owner, and in time 
of war, only by the civil magistrates, in 
such manner as the law directs. 

"XVIII. That any person religiously 
scrupulous of bearing arms ought to be 
exempted upon the payment of an equiva- 
lent to employ another to bear arms in 
his stead. 

"Under these impressions, and declar- 
ing that the rights aforesaid cannot be 
abridged or violated, and that the expla- 
nations aforesaid arc consistent with the 
said Constitution, and in confidence that 
the amendments hereafter mentioned will 



receive an early and mature considera- 
tion, and, conformably to the fifth article 
of said Constitution, speedily become a 
part thereof, we, the said delegates, in 
the name and in the behalf of the people 
of the State of Rhode Island and Provi- 
dence Plantations, do, by these presents, 
assent to, and ratify the said Constitu- 
tion. In full confidence, nevertheless, 
that, until the amendments hereafter pro- 
posed and under-mentioned shall be 
agreed to and ratified, pursuant to the 
aforesaid fifth article, the militia will not 
be continued in service out of this State 
for a longer term than six weeks, with- 
out the consent of the Legislature there- 
of; that the Congress will not make or 
alter any regulation in the State respect- 
ing the times, places and manner of hold- 
ing elections for Senators or Represent- 
atives, unless the Legislature of this 
State shall neglect or refuse to make 
laws or regulations for the purpose, or 
from any circumstance be incapable of 
making the same ; and that, in those 
cases, such power will only be exercised 
until the Legislature of this State shall 
make provision in the premises; that the 
Congress will not lay direct taxes within 
this State, but where the moneys arising 
from impost, tonnage and excise, shall be 
insufficient for the public exigencies, nor 
until the Congress shall have first made 
a requisition upon this State to assess, 
levy and pay, the amount of such requi- 
sition made, agreeably to the census fixed 
in the said Constitution, in such way and 
manner as the Legislature of this State 
shall judge best; and that Congress will 
not lay any capitation or poll-tax. 

" Done in Convention, at Newport, in 
the county of Newport, in the State of 
Rhode Island and Providence Planta- 
tions, the twenty-ninth day of May, in 
the year of our Lord one thousand seven 



ACTION OF THE STATES ON THE CONSTITUTION. 



361 



"hundred and ninety, and in the fourteenth 
year of the Independence of the United 
States of America." * 

We have now gone through with the 
action of all the States upon the Consti- 
tution. We have examined the records 
themselves, and not mere assertions 
touching them. This concludes that 
sketch of the history of the Union, as it 
is called, which I proposed. In it we 
see that it was first formed by separate 
and distinct Colonies for the common 
maintenance of the chartered rights of 
each. When this failed, it became a 
Union of separate, distinct States, by 
Articles of Confederation, for the sup- 
port and maintenance of the Independ- 
ence and Sovereignty of each. The 
absolute right of local self-government, 
or State sovereignty, was the primal and 
leading idea throughout. We have seen 
that these States, as sovereign, responded 
to a call of a general Federal Conven- 
tion, to revise the first articles of Con- 
federation. The present Constitution 
was the result of their labors. We have 
seen that it was submitted to the Legis- 
latures of each State, in their separate 
State organizations, to be referred by 
them to a Convention, in each State, of 
the people thereof, that they, in their 
sovereign majesty, might approve or re- 
ject each, separately, for themselves, as 
States, and that it was to be established 
between such States only as should ratify 
it, and then only in case as many as nine 
should ratify it. 

We have seen that the State Conven- 
tions did so act upon it separately and 
severally, and adopt it as a Constitution 
for the States, so to be united thereby, 
each believing it to be a Federal Consti- 
tution, and that all powers not delegated 
were reserved to the States; but, to quiet 
* Elliot's Debates, vol. i., pp. 334, 335. 



apprehensions on this point, a majority 
of them, in their acts of ratification, de- 
manded an amendment which should 
make this express declaration, and it was 
in confidence that this should be done, 
that they assented to it. Which we shall 
see was immediately afterwards done. 

We have further gone into the debates 
in the several State Conventions, and 
seen what were the leading ideas of both 
friends and opponents as to the nature 
and character of the Constitution. While 
many apprehended danger to the sover- 
eignty of the separate States from con- 
structions and implications, yet on all 
hands it was universally admitted that 
it purported to be a Federal Constitu- 
tion ; and it was with this avowed under- 
standing of its nature, by every advocate 
and supporter it had in every State in the 
Union, even by Hamilton, Morris, Wil- 
son, King, Madison and Randolph, who 
had favored a National government pro- 
per, in the Federal Convention, instead 
of the plan embodied in the Constitution, 
that the States ratified it. The leading 
idea in all the Conventions was that a 
Confederate Republic was to be estab- 
lished by it upon the model set forth in 
Montesquieu. According to that model 
a Conventional State is created for For- 
eign or National, as well as inter-State 
purposes, and for these only, by several 
small Republics, Confederating for their 
common defence and happiness, each re- 
taining its separate Sovereignty, and the 
Conventional State so created by them 
being, at all times, subject to their will 
and power. That this Conventional State 
so created may be dissolved, and yet the 
separate Republics survive, retaining, at 
all times, their State organization and 
sovereignty. This model of a Confed- 
erate Republic, by Montesquieu, was the 
leading idea with the advocates of the 



}62 



HISTORY OF THE UNITED STATES. 



Book 1!.,c lo 



system, as appears from their debates, in 
every State where we have access to 
them. 

Now, then, after this review, is it not 
clear that the United States are, or con- 
stitute, a Confederated Republic (as 
Washington styled it), bound together 
by the solemn compact of Union, entered 
into by the several members thereof, 
under the Constitution ? 

Is not the Constitution, as appears, not 
only from the history of its formation 
thus given, but from its face, a compact 
between Sovereign States? 

In the next chapter we will proceed 
with the history of these States, under 
their new Articles of Union. 

CHAPTER X. 

ADMINISTRATION OF WASHINGTON. 

( I7 S 9 —i797.) 

Inauguration at New York, 30th April, 1789 — Hon- 
ors 10 him en route from Mount Vernon — Grand 
display at Trenton — The Governor's attention — - 
Committee of Congress meets him — The barge of 
"thirteen oars" symbolical — First session of 
Congress under the new organization — The fir-t 
Cabinet— First Supreme Court Judges — Measures 
adi pted — The Assum] tioil and Funding Bill — 
Jefferson's report on the mint and decimal denom- 
inations of money — The division of parties on 
construction, not on slavery — Resolution of the 
House on slavery not sectional — Hamilton in the 
Treasury Department — United States Bank char- 
tered — The Apportionment Bill — Party lines drawn 
on it — —First Mil vetoed by Washington — Central- 
ists and Republicans — Accession of North Carolina; 
also of Rhode Island — Permanent seat of govern- 
ment fixed — Indian war west of Ohio — Treaty of 
peace with the Creeks — General St. Clair — Sur- 
prised and defeated with great loss — Admission of 
Vermont and Kentucky — Organization of militia — 
Whiskey insurrection — Washington's unanimous 
re-election — M. Genet — Washington's proclama- 
tion of neutrality — M. Fauchet — Eleventh amend- 
ment to the Constitution — Jefferson's celebrated 
report, and retirement from office — General Wayne 
in the northwest — Defeats the Indians and lays 
vraote their country on the Maumee — Treaty of 




peace made — Jay's treaty — Opportune and bene- 
ficial to United States — Treaty with Spain — 
Boundary settled — Hamilton's last celebrated re- 
port, and retirement from office — M. Adet — Wash- 
ington's reply to his address — Tennessee admitted 
into the Union — Washington's farewell address — 
Candidates for President and Vice-President — 
John Adams elected President, and Thomas Jeffer- 
son Vice-President — Comments on Washington's 
administration — Great prosperity. 

AVING traced the history of the 
States separately through their 
embryo colonial existence, and 
then jointly through their two 
successive evolutions in political 
development as sovereign States, we 
shall now proceed to trace their subse- 
quent history and career, under the Con- 
stitution of 1787. 

The 4th of March, 1789, was the time 
appointed for the government of the 
United States to begin its operations 
under its new organization ; but several 
weeks elapsed before quorums of both 
the newly constituted Houses of Con- 
gress were assembled. The city of New 
York was the place where Congress 
then met. 

Washington having been duly noti- 
fied of his election, left his home at 
Mount Vernon, on the 16th of April, to 
enter upon the discharge of his new 
duties. I le set out with a purpose of 
travelling privately, and without attract- 
ing any public attention ; but this was 
impossible. Every where on his way he 
was met by thronging crowds, eager to 
see the man whom they regarded as the 
chief defender of their liberties ; and 
everywhere he was hailed with those 
public manifestations of joy, regard and 
love, which spring spontaneously from 
the hearts of an affectionate and grateful 
people. At Trenton a grand display 
was made. A triumphal arch had been 
erected on the bridge spanning the 



THE ADMINISTRATION OF WASHINGTON. 



363 



Assumpink. This arch was decorated 
with flowers and laurels, and bore in 
large letters : " December the 26th, 
1776." This was in commemoration of 
the noted surprise of the Hessians, and 
his complete victory at that place. 

Beyond the bridge the road was liter- 
ally strewn with flowers, spread by the 



" Virgins fair and matrons grave 

(These thy conquering arms did save) 
Build for thee triumphal bowers ; 

Strew, ye fair, his way with flowers! "* 

The Governor with his staff, and other 
distinguished persons, accompanied them 



* These stanzas, or ode, were prepared by Gov- 
ernor Howell of New Jersey for the occasion. The 




WASHINGTON'S HOME AT MOUNT VERNON. 



hands of little girls dressed in white, 
who greeted him by chanting in their 
silvery voices the following stanzas : 



" Welcome, mighty chief, once more ; 
Welcome to this grateful shore ; 
Now, no mercenary foe 
Aims again the fatal blow. 



"white-robed choir " consisted of six small girls, 

whose names were : 

Margaret Lowry, Mary Cox, 

Sally Airy, Betsey Milnor, 

Sally Howe, Sally Collins. 

Mary Cox upon marriage became Mary Chesnut, 
and the mother of Hon. James Chesnut, ex-United 
States Senator, of Camden, South Carolina. The 
author has in his possession an exceedingly interest- 



364 



HISTORY 01- THE UNITED STATES. 



r.< -iK 11., c. n 



through New Jersey. A committee of 
Congress met him on the way, and con- 
ducted him to New York. On leaving 
the Jersey line, " they embarked in an 
elegant barge of thirteen oars, manned 
by thirteen Branch pilots." These thir- 
teen oars and thirteen pilots were sym- 
bolical of the thirteen States, over the 
government established by which, or to 
be established by all of which (the acces- 
sion of two of them only still being 
wanted), the great chief was called upon 
to preside. His reception in New York 
was marked by a grandeur and enthusi- 
asm never before witnessed in that me- 
tropolis. The inauguration took place 
on the 30th of April, in the presence of 
an immense multitude, who had assem- 
bled to witness the new and imposing 
•ceremony. The oath of office was ad- 
ministered by the distinguished Robert 
R. Livingston, Chancellor of the State. 
When this sacred pledge was given in 
the presence of his fellow-citizens, with 
an appeal to heaven, " to the best of his 
ability," in the execution of the office of 
President, " to preserve, protect, and 



ing letter written by Mrs. Chesnut.in which she gave 
a full account of this ovation, and the reply of Gen- 
eral Washington on being presented with a copy of 
the sonata, in which he said : 

" General Washington cannot leave this place with- 
out expressing his acknowledgments to the matrons 
and young ladies, who received him in so novel and 
grateful a manner at the triumphal arch in Trenton, 
for the exquisite sensations he experienced in that 
affecting moment. The astonishing contrast between 
his former and actual situation at the same spot — the 
elegant taste with which it was adorned for the 
present occasion — the innocent appearance of the 
'white-robed choir, 1 who nut him with the gratu- 
latory song, have made such an impression on his re- 
membrance as, he assures them, will never be effaced. 

"Trenton, April 21, 1 ; 

Mrs. Chesnut died in L864, at the advanc 
of eighty-nine. At tin- time ol her death she was 
• one of the Regents of the " Ladies' Mount Vernon 

■ciatiou." 



defend the Constitution of the United 
States," he retired with the other officials 
into the Senate Chamber, where he 
delivered his inaugural address to both 
Houses of the newly constituted Con- 
gress in joint assembly. 

The first session of this first Congress 
of the States, under the new organization, 
continued nearly six months. It was oc- 
cupied chiefly in the consideration and en- 
actment of laws necessary to put the new 
Federal machinery into successful oper- 
ation ; and in the adoption of measures 
for raising revenue from duties on ton- 
nage and imports, which the new Consti- 
tution authorized. Among the first things 
which thus engaged their attention were 
the proposed amendments to the Consti- 
tution, which had been insisted on by a 
majority of the States at the time of its 
ratification. All the important amend- 
ments so insisted on were agreed to, and 
sent back to the States for their approval. 
Ten of these were soon adopted and be- 
came parts of the organic law.* The Fed- 
eral Judiciary was also organized; several 
necessary subordinate executive offices 
were likewise established. These were the 
offices of Secretary of State, of the Treas- 
ury, of War, and of Attorney-General. 

In the discussion of these questions, 
the nature and character of the govern- 
ment necessarily came under review. 
On no one of them did any decided 
antagonism of opinion arise. All held 
it to be a limited government, clothed 
only with specific powers conferred by 
delegation by the States. Those who 
had advocated a National Government 
now warmly defended the Federal sys- 
tem as it had been amended and enlarged. 
All friends of the new organization at 
this time assumed the name of " Fed- 
eralists." To fill the offices of Secretary 

*See Appendix D. 



THE ADMINISTRATION OF WASHINGTON. 



>67 



tegrity, of the purest patriotism, and of 
a very high order of statesmanship. 

John Jay, of New York, was nominated 
Chief-Justice of the Supreme Court, with 
John Rutledge, of South Carolina; Wil- 
liam Cushing, of Massachusetts; James 
Wilson, of Pennsylvania; John Blair, of 
Virginia; and Robert H. Harrison, of 
Maryland, Associate Judges. Nearly all 
of these distinguished personages be- 
longed to that class, who, before the for- 
mation of the new Constitution, had been 
known as "Nationals." This awakened 
the anxiety of many of the opposite party, 
and caused them to fear, that, notwith- 
standing professions of attachment to the 
new system, an attempt would be made 
by them to exercise powers by" construc- 
tion," which the States had uniformly 
refused in positive language to confer. 

These apprehensions became realities 
at the next session. On the 12th of 
February, 1790, a petition, invoking the 
Federal authorities to adopt measures 
with a view to the ultimate abolition of 
African slavery, as it then existed in the 
respective States, was sent to Congress, 
headed by Dr. Franklin, who had been 
a very distinguished, though not a very 
active leader, owing to his age, in the 
ranks of the " Nationals," in the Phila- 
delphia Convention. There were then in 
the United States 697,897 negro slaves. 
They had been introduced into all the 
States, as we have seen, but most of them 
were at this time in the Southern States. 
This movement was looked upon with 
alarm everywhere by the true friends of 
the Federal system, as it invoked the 
exercise of powers not delegated by the 
States to Congress. After a thorough 
discussion on the 23d of March, 1790, 
in the House of Representatives, the 
question was quieted for the time by the 
passage of a resolution — 



" That Congress have no authority to 
interfere in the emancipation of slaves, or 
in the treatment of them within any of 
the States ; it remaining with the several 
States alone to provide any regulations 
therein, which humanity and true policy 
may require." * 

This at the time was not considered at 
all as a sectional question, though a 
large majority of the slaves were at the 
South ; nor was it viewed at all as a 
conflict between the slave and anti- 
slave power. It was strictly a conflict 
on Constitutional principles. Many of 
the most distinguished members of the 
House from the North voted for the res- 
olution. They did so, not because they 
were in favor of slavery, but because the 
subject-matter brought before Congress 
was one which was not within the sphere 
of their constitutional powers. Among 
these may be specially named Gilman 
and Foster, of New Hampshire ; El- 
bridge Gerry, Benjamin Goodhue, and 
Theodore Sedgwick, of Massachusetts; 
Benjamin Huntingdon and Roger Sher- 
man, of Connecticut, Daniel Heister and 
Mr. Speaker Muhlenburg, of Pennsyl- 
vania, men whose characters were high 
above such an unjust imputation as that 
their votes were the result of any other in- 
fluence than their own convictions of duty. 
Indeed the majority of those who 
voted for the resolution were Northern 
members. They were all patriots. They 
had not been taught in that early day of 
our history that in politics there was a 
" higher law " than the Constitution of 
their country. 

In less than a month after the passage 
of this resolution, to wit, on the 17th 
day of April, 1790, the venerable and 
beloved Franklin passed from the theatre 
of human action at the advanced age of 



* Annals of Congress, vol. ii., pp. 1523-4. 



3 68 



HISTORY OF THE UNITED STATES. 



Hook II . in 



eighty-four years, having been born on 
the 6th of January, 1706. In his death 
the country and humanity sustained a 
great loss; he had risen from the hum- 
blest origin to the highest distinctions. 
He commenced life in Philadelphia as a 
printer-boy, and a press upon which he 
worked as a journeyman printer is now 
preserved among the treasured relics in 
the patent office building in Washington 
city. As a scientist and natural philos- 
opher, he had become famous through- 
out the civilized world. His discovery 
of the laws of electricity formed an 
epoch in that branch of science. He 
was the forerunner of Morse and the 
pioneer of the subsequent uses and ap- 
pliances of this wonderful and poten- 
tial terrestrial element, which has added 
so much to the advancement of civiliza- 
tion, and the " diffusion of knowledge 
among men." He took an active part 
on behalf of the colonies for their 
struggle for independence, and filled 
many offices of high trust, with very 
great ability, and unsullied honor. He 
was a member of a number of philo- 
sophical societies, not only in his own 
country, but in Europe, all of whom paid 
due honors to his memory. He left an 
epitaph for his tombstone, which was 
written by himself many years before, 
which was as follows : 

THE BODY 
OF 

BENJAMIN FRANKLIN, 

Printer, 

(like the cover of an old hook,) 

its contents torn out, 

and stripl of its lettering and gilding, 

lies here, food for worms : 

yet the work itself shall not be lost, 

for it will (as he believed) appear once more 

in a new 

and more beautiful edition 

corrected and amended 

by 

'/'//<■ Author. 



On the 26th of May thereafter an act 
was passed for the establishment of a 
territorial government in Tennessee, 
without any objection because of the 
existence of slavery, or any motion to 
prohibit or restrict that institution there- 
in. 

In the meantime the cabinet minister- 
were all harmoniously at work. Ham 
ilton, with extraordinary administrative 
ability, soon planned and put in opera- 
tion the various branches of the treasury 
department, with its checks of auditors 
and comptrollers, as it still remains, with 
but few changes — a monument to his in- 
dustry, forecast and power of organiza- 
tion. He soon brought forward several 
measures which, when adopted by Con- 
gress, acted like magic in their effect on 
the public credit. Among these was the 
assumption by the United States of all 
the separate State war debts. These 
were debts incurred by the States sev- 
erally for particular local defence in be- 
half of the general cause. 

The proposed assumption was upon 
the broad basis of an equitable adjust- 
ment. The aggregate amount of the 
State war debts was estimated to be a 
little under thirty millions ; the aggregate 
amount of the debts of the United 
States on bond and contract, not includ- 
ing the Continental paper currency, was 
estimated to be something over fifty 
millions. 

The whole of this Hamilton proposed 
to fund, and in payment to issue new- 
government bonds. This plan was sus- 
tained by Congress, and immediately the 
stocks of the government rose from ten 
to fifteen per cent. His proposition for 
the regulation of commerce and the im- 
position of duties on imports and tonnage, 
and an excise on certain productions, with 
the view to meet punctually the interest 



THE ADMINISTRATION OF WASHINGTON. 



369 



on the public debt, inspired confidence in 
the holders of all classes of government 
securities. 

Mr. Jefferson immediately gave the 
energies of his enlarged and philosoph- 
ical mind to all matters that lay within 
the sphere of his duties Besides the 
great ability with which he conducted 
the foreign diplomacy of the country, he 
gave his special attention to other sub- 
jects which had previously occupied so 
much of his research and investigations, 
especially the mint and coinage. He 
made an exceedingly able report* upon 
this subject, which secured the establish- 
ment of the silver dollar as a unit of 
value in the United States, with the 
decimal denomination of money. The 
benefit to American trade and commerce 
and all the business of life, from this 
; source alone, is incalculable. The year 
-after this the principles of the govern- 
ment came up in cabinet discussion as 
well as in Congress. It was upon Ham- 
ilton's proposition to charter a bank of 
ten millions capital, in which two mil- 
lions of the public funds were to be in- 
vested, and eight millions of the stock to 
be owned by private individuals. The 
charter was to be for twenty years. He 
wished it as a fiscal agent to aid in the 
operations of the treasury. 

Washington requested the opinion of 
the several members of his cabinet upon 
the measure. Jefferson opposed it on 
constitutional grounds, and Hamilton 
sustained it with prodigious power of 
argument and illustration. Washington, 
after mature deliberation, approved the 
bill. Great benefits resulted from it. 

But the general principles of the gov- 
ernment, with the nature and extent of 
its powers, came up not long afterwards 
in discussion on the apportionment of the 



♦American State Papers, vol. vii., Finance 1. 
24 



number of members to the House of 
Representatives, to which each State was 
entitled under the census of population, 
according to the " three-fifths " basis of 
the Constitution; and on the system of 
funding the public debt, and other finan- 
cial measures, including a Bank of the 
United States, recommended by Colonel 
Hamilton. On these latter measures 
party lines became very clearly marked 
between those known as "strict con- 
structionists," and those known as 
" latitudinarian constructionists." The 
former were for confining the action 
of the government strictly within its 
specific and limited sphere, as clearly 
defined by the language of the Con- 
stitution, while the others were for 
enlarging its powers by inference and 
implication. The latter still adhered to 
the popular name of " Federalists," 
while the former took the name of " Re- 
publicans," in some places, and of 
" Democrats " in others. Colonel Ham- 
ilton and Mr. Jefferson were soon recog- 
nized as the chief leaders respectively of 
these opposing ranks. General Wash- 
ington was regarded as holding a neutral 
position between them; though after 
mature deliberation he vetoed the first 
apportionment bill passed by the party 
headed by Colonel Hamilton, which was 
based upon a principle constructively 
leading to centralization, or consolidation. 
This principle was manifested in apply- 
ing the ratio of representation under it 
to the population of all the States as one 
mass, instead of applying it to the pop- 
ulation of each State severally. The 
latter was the only way in which it could 
be made upon correct Federal principles, 
as was insisted upon by Mr. Jefferson in 
a written cabinet opinion, notwithstanding 
large fractions of population in several 
of the States were left out by this mode 



37° 



IIIS'IOKY Oh THE I'M J ED STATES. 



Book II., c. !<► 



of apportionment. This was the first 
i xercise of the veto power under the 
present Constitution. It created consid- 
erable excitement at the time. The veto, 
however, was sustained by a majority of 
the House. Another bill on the subject 
was passed in pursuance of Mr. Jefferson's 
views, which has been adhered to in 
principle in every apportionment bill 
which has been passed since. 

At the second session of the new Con- 
gress, Washington announced the grati- 
fying fact of " the accession of North 
Carolina" to the Constitution of 1787; 
and on the 1st of June, the same year, 
by special message, he announced the 
like "accession of the State of Rhode 
Island," with his congratulations on the 
happy event which "united under the 
General Government all the States which 
were originally Confederated." At this 
session of the Congress an act was also 
passed changing the seat of the Federal 
government. The law provided that, 
after the year 1790, the government 
should be located for ten years at Phila- 
delphia; and that, after the first Monday 
in December, 1800, it should be per- 
manently located on the eastern bank of 
the Potomac, near Georgetown, within a 
district of territory not exceeding ten 
miles square. This territory, subse- 
quently ceded and accepted for this pur- 
pose, became known as the " District of 
Columbia," and to the seat of govern- 
ment itself the name of "Washington" 
was given. 

The passage of this bill was in some 
way linked with the assumption and 
landing bills. Some of the friends of 
the latter, it is said, voted for the former 
■ >n condition of securing strength enough 
t ) carry their favorite measures. In this 
way the compromise, as it was called, 
was carried. The post-office establish- 



ment was continued as under the old 
organization. So was the Federal Flag 
of the United States. The great seal of 
the Confederated Republic, with its 
motto of " E Pluribus Unum," * was by 
special act continued under the new, as 
under the old organization. 

During the year 1790, Indian troubles 
manifested themselves among the Creeks, 
in Georgia, as well as among the tribes 
west of the Ohio. The chiefs of the 
Creeks were induced to visit New York, 
and a treaty with them was made by 
Washington. But, in the Northwest, 
depredations continued until open war 
broke out. General Harmer was sent, 
with about fifteen hundred men, to repel 
these hostile incursions. He burned 
several Indian towns, and destroyed a 
large quantity of provisions; but, at the 
junction of the rivers St. Joseph's and 
St. Mary's, in Indiana, he was defeated 
in two battles — one fought on the 17th 
and the other on the 2 2d of October. 
After these defeats he was removed, and 
General St. Clair, Governor of the North- 
western Territory, was appointed to re- 
lieve him. . In September, 1791, with 
about two thousand men, he left Fort 
Washington, and, after proceeding north- 
ward for a considerable distance into the 
Indian country, on the 4th of November 
he was surprised in camp, and his army 
was routed with great slaughter. Nearly 
half of his men were killed. In 1791 
two new States were pressing for admis- 
sion into the Union on an equal footing 

* " One composed of many ; the motto of the 
United States, consisting of many States Confeder- 
ated." — A r oah Webster. 

"The motto of the United States, the allusion be- 
ing to the formation of one Federal government out 
of several independent States." — Joseph E. Worcester. 
These are the highest American authorities as to the 
true sense and meaning in which the motto was 
adopted and preserved. 



THE ADMINISTRATION OF WASHINGTON. 



371 



with the original thirteen. These were 
Vermont and Kentucky. 

The earlier history of each of these 
States possesses much of interest and 
not a little of what is quite romantic. 
A few of the essential facts only will 
here be stated. The territory of Ver- 




• COAT OF ARMS OF VERMONT. 

mont took its name from the principal 
ranges of mountains within its limits, 
which from earliest times received the 
designation of Green Mountains. Her 
boundaiy during her entire inchoate 
state was not definitely fixed. The first 
settlement within it was made at Fort 
Dummer in 1724, where is now the 
town of Brattleboro, by parties from 
Massachusetts, who considered it part 
of that colony. But little attention was 
attracted to the country until the French 
War of 1755, when it was traversed by 
soldiers from the different colonies and 
the rare excellence of the lands for 
grazing, browsing and farming was ob- 
served by them. Soon after the war, 
Governor Wentworth, of New Hamp- 
shire, made numerous grants of land to 
immigrants, claiming the territory as a 
part and parcel of New Hampshire. 

But soon the Governor of New York 
laid claim to the same lands by virtue 
of grants from Charles II. to the Duke 
of York. The dispute ended in a law- 
suit, which was finally determined on 
appeal to the king in favor of the Gover- 
nor of New York. But another party 
arose to the controversy. This was 
Ethan Allen and quite a number of set- 



tlers under him from Connecticut, who, 
having paid Governor Wentworth for 
their grants, utterly refused to make a 
second payment for them on the demand 
of the Governor of New York, and re- 
sisted by force the sheriffs who were 
sent by the Governor of New York, to 
eject them. They stood by their arms 
in the maintenance of what they under- 
stood was their just rights. The whole 
country was in a state of quasi war for 
a while. The settlers recognized the au- 
thority of neither New Hampshire nor 
New York, but set up an independence 
for themselves. On the meeting of the 
Colonial Congress, in 1.776, they desired 
a distinct representation in that body, 
but upon the persistent refusal of New 
York it was not allowed. During the 
Revolutionary War, however, as we have 
seen, the settlers under the New Hamp- 
shire grant, or " Green Mountain Boys," 
as they were called, were ever foremost 
amongst the brave in achieving independ- 
ence. After the independence of the 
several States was acknowledged, with- 
out any specific recognition of her, Ver- 
mont repeatedly made application for 
her admission into the Union as a State 
under the old Articles of Confederation, 
but as New York persisted in her dis- 
sent, nothing was finally done in the mat- 
ter until after the government went into 
operation under the new organization. 
It was, therefore, in the early part of 
Washington's administration she made 
her appeal for admission into the Union 
as a State on an equal footing with the 
original thirteen States under the new 
Constitution, and by an Act of Congress 
of the 4th of February, 1791, she was 
so admitted on the 4th of March of the 
same year. 

Kentucky, the other new State at this 
time pressing for admission into the 



372 



HiSlORY Or THE UNITED STATES. 



Book II , c. 10 



Union, was a narrow belt of territory be- 
longing to Virginia, westward of Big 
Sandy river and southward of Ohio 




COAT OF ARMS OK KENTUCKY. 

river, extending down to the Mississippi 
river, its extreme length from east to 
west being 308 miles, and its extreme 
width from north to south being 172 
miles. This vast and fertile country was 
very little known to the Virginians or 
English until some time after the ter- 
mination of the French War in 1763. 
It was then and had been for a long time 
— perhaps for centuries — occupied by 
roving tribes of Indians, who, exulting 
in their savage deeds of war, had given 
to it the name of Kentucky, which in 
English means " dark and bloody 
ground." It is believed that a pre- 
existing race occupied this country as 
well as that north of the Ohio river be- 
fore the tribes that were found there by 
the Europeans. This is the race desig- 
nated as the mound-builders. These 
ancient mounds, of which we have 
spoken before, abound in Kentucky as 
well as in the northwest, and other parts 
of the continent. 

The first English pioneer who pene- 
trated this wilderness was the celebrated 
Daniel Boone, who, in 1769, established 
himself where now is the town of 
Boonesboro. Within the next five or 
six years other immigrants settled in the 
territory, the most of them going from 
Virginia. The settlers, however, pur- 
chased their lands from the Indians. In 
1775 they organized a government, es- 



tablished courts, and passed laws of their 
own, but the Legislature of Virginia re- 
fused to recognize the validity of this 
organization and pronounced the steps 
taken under it as null and void, though 
it made grants of lands to these pioneers. 
In 1776 the Legislature of Virginia 
formed this territory into a county, call- 
ing it the county of Kentucky, and in 
1783 constituted it into a district, the 
decisions of whose courts were subject 
on the appeal to the courts of Virginia. 
Despite frequent and bloody incursions 
by the Cherokees and other Indian tribes, 
which made it necessary for the settlers 




DANI1 I 1 

to go constantly armed, tin- new terri 
tory, during the Revolutionary War, 
rapidly increased in population. A san- 
guinary battle was fought on the 19th of 
.August, 1782, between the whites, num- 
bering only 182, and about 600 Indians, 
near Blue Lick Springs. In this bloody 
conflict of arms, Colonel Boone acted a 
most conspicuous part and lost a gallant 
son. Sixty others of the settlers also 
fell. 

After the war of the Revolution, 
Kentucky made repeated applications for 
admission into the Union as a State, but 



1HE ADMINISTRATION OF WASHINGTON. 



373 



was denied. As in the case of Vermont, nized as one of the wonders of the 
it was not until Washington's adminis- world. This is situated near the present 
tration that general consent was given, railroad from Louisville to Nashville, 
and by Act of Congress of 18th of Feb- ; and is visited annually by thousands of 
ruary, 1791, she was so admitted on the tourists from our own as well as from 
1st of June, 1792. I foreign lands. 

This new State, now the fifteenth of In May, 1792, an act was passed by 



the sisterhood, was then and has ever 
since been distinguished, not only for the 
richness of her soil, the variety of her 



the Congress, providing for the general 
organization and discipline of the militia 
of the several States under the Constitu- 



productions, the salubrity of her climate, | tion. 




SCENE IN THE MAMMOTH CAVE, KENTUCKY. 



and beauty of her landscapes and moun- 
tains, but for her geological curiosities. 
Several thousand square miles of her 
territory are of a cavernous character. 
Rivers flow under ground for miles. In 
these rivers and dark caves are found fish 
without eyes, which are regarded as an 
extraordinary phenomenon in the animal 
kingdom. Caverns of great dimensions 
have been found in different places. The 
most famous of these is what is known 
as the Mammoth Cave, which is recog- 



An act was also passed at the same 
session imposing an excise on distilled 
spirits. This caused great discontent in 
several quarters, and especially in Penn- 
sylvania. In the western part of this 
State public meetings were held, by 
which the measure was not only de- 
nounced, but the revenue officers were 
threatened with violence if they pro- 
ceeded with the collection of the tax. 
In May, 1792, an act was passed, au- 
thorizing the President to call out the 



374 



IIISIORY OF THE UNITED STATES. 



Book 11, c. itt 



militia, if, in his judgment, it should be 
necessary, in aid of the execution of the 
laws. Washington at first issued a proc- 
lamation, urging the people to desist 
from violence. This proving ineffectual, 
he subsequently called out fifteen thou- 
sand men, volunteers and militia, by 
which imposing military force all dis- 
orders were quelled without bloodshed. 
In this way was ended what was known 
as the " Whiskey Insurrection." 

In 1792 another Presidential election 
took place. Washington was very de- 
sirous to retire ; but yielded to the gen- 
eral wishes of the country, and was again 
chosen President by the unanimous vote 
of the Electoral Colleges of the States. 
He was again duly inaugurated for a 
second term on the 4th of March, 1793. 
Mr. Adams was re-elected Vice-Presi- 
dent. About this time, the French Rev- 
olution, and the wars growing out of it, 
had an important bearing on the politics 
of the United States. A large majority 
of the people throughout the Union 
deeply sympathized with the French 
people in their struggle for liberty and 
the right of self-government against the 
combined efforts of surrounding nations 
to impose a monarchical dynasty upon 
them. This sympathy prompted a strong 
desire for the United States to take part 
in the conflict in aid of France. But the 
policy of Washington, in which he was 
sustained by Mr. Jefferson, still Secretary 
of State, was to remain neutral among 
all tlic contending powers of Europe. 
As early as April, 1793, M. Genet, Min- 
ister of the French Republic to the 
United States, under the title of "Citizen 
Genet," arrived at Charleston, South Car- 
olina; and taking advantage of the feel- 
ing of the people in favor of France, en- 
deavored to excite them to hostile acts 
against Great Britain. He issued com- 



missions to vessels-of-war for fitting out 
privateers to sail from ports of the United 
States to cruise against the enemies of 
France. Upon this, Washington issued 
his celebrated proclamation of neutrality. 
M. Genet disregarded the proclamation 
of the President, and persisted in his 
course, with threats of an appeal from the 
President to the people. For this viola- 
tion of international law, Washington 
demanded his recall. M. Genet's com- 
mission was withdrawn, and M. Fauchet 
was appointed minister in his stead. 

Early in the first session of the third 
Congress, in 1793, an important amend- 
ment to the Constitution in arrest of cen- 
tralizing tendencies through the exercise 
of power by construction was proposed 
and adopted, with only two dissentient 
votes in the Senate and one in the House. 
It is in these words : 

"The judicial power of the United 
States shall not be construed to extend 
to any suit in law or equity commenced 
or prosecuted against one of the United 
States by citizens of another State, or 
by citizens or subjects of any foreign 
States." * 

This was soon unanimously ratified by 
the States. It constituted the Eleventh 
Amendment. What called forth this 
amendment was the action of the Federal 
Judiciary in assuming, by a construction 
of their powers, jurisdiction of a suit 
brought against one of the States. This 
was deemed by all the States in deroga- 
tion of the separate sovereignty of each 
under the Constitution. 

On the 1 6th of December, 1793, Mr. 
Jefferson, th<- Secretary of State, made 
his celebrated report on the relations of 
the United States with foreign nations. 
This is one of the ablest State papers 
penned by him or any other man in this 



Sec Appendix I). 



THE ADMINISTRATION OF WASHINGTON. 



375 



or any other country. On the 31st of the 
same month, much to the regret of Wash- 
ington, as well as that of his own party 
friends, he resigned his office, and re- 
tired to his home at Monticello, Virginia. 
He was succeeded by Edmund Ran- 
dolph, the Attorney-General ; William 
Bradford, of Pennsylvania, took the place 
of Mr. Randolph, as Attorney-General. 

In the fall of 1793 General Wayne, 
who had been appointed to conduct 
the war against the Indians of the 
northwest, after St. Clair's disaster, built 
Fort Recovery, near the scene of that 



During the year 1794 the popular feel- 
ing in favor of France became still stronger 
than it had- been before. Many persons 
of high distinction insisted on a war 
against Great Britain. While Washing- 
tori was desirous to preserve peace, if 
possible, yet the conduct of the British 
government greatly embarrassed the 
maintenance of his purpose. In disre- 
gard of the treaty of peace of 1783, the 
forts on Lake Erie, and vicinity, were 
still occupied by British troops, and mer- 
chant vessels of the United States, on 
their way to French ports, were seized, 




BATTLE OF THE MAUMEE. 



famous surprise. He there passed the 
winter, and, during the next spring and 
summer, advanced further into the inte- 
rior and built Fort Defiance. Leaving 
this fort, he moved down the Maumee 
river, and, on the 20th of August, met 
the enemy in battle. The Indians were 
signally defeated. Wayne then laid waste 
their country, and compelled them to 
make peace. His whole army amounted 
to about three thousand men. By the 
treaty finally made, the Indian title was 
extinguished to extensive tracts of country 
west of the Ohio river. 



and United States seamen were violently- 
impressed by commanders of British 
ships. To avert so great a calamity as 
war with England, which now seemed so 
imminent, Washington concluded to send 
a special envoy to that country, and to 
spare no effort, consistent with honor, for 
the attainment of his great end. For this 
high and extraordinary mission, John Jay, 
Chief-Justice of the United States, w;:s 
selected. Mr. Jay, resigning the Chief- 
Justiceship, assumed the responsibilities 
of the great trust. He proved himself 
equal to them all. As his successor on 



376 



HISTORY OF THE UNITED STATES. 



Book II., c. lO 



the Supreme Bench, Washington ap- 
pointed Oliver Ellsworth, of Connecticut. 
In November following a treaty was 
signed. The provisions of this treaty 
met the approval of Washington. It 
was ratified the next year by the United 
States Senate, after a very bitter discus- 
sion. 

This treaty was exceedingly opportune 
and beneficial to the United States. By 
it a war with Great Britain at this critical 
period was avoided, and the honor and 
dignity of the United States fully main- 
tained, though some of its provisions, 
even after ratification, met with violent 
opposition and denunciation in several 
quarters. That provision which met the 
bitterest assaults was the one that secured 
payment to British creditors of debts 
which were due to them by citizens of 
the Colonies before the war of the Revo- 
lution. This, however, was eminently 
just. Some matters connected with this 
treaty led to a disagreement between Mr. 
Randolph and President Washington 
Which occasioned the retirement of Ran- 
dolph from the cabinet. Timothy Pick- 
ering, of Massachusetts, took his place. 

Another important treaty was also 
concluded with Spain, by which the 
boundaries between Louisiana and Flor- 
ida and the United States were definitely 
settled, on the 31st degree of north lati- 
tude from the Mississippi river to the 
Chattahoochee ; thence down that river 
to its junction with the Flint river, and 
thence in a straight line to the head- 
waters of the St. Mary's. This treaty 
was effected on the 27th of October, 
1795, at St. Lorenzo et Real, by Thomas 
Pinckney, United States Envoy Extra- 
ordinary. By one of the provisions the 
right to navigate the Mississippi was 
granted by Spain, and the privilege of 
using New Orleans as a place of deposit 



for ten years. Peace was also made 
with Algiers, one of the Barbary States 
of Africa, and the captive citizens of the 
United States held by that country were 
redeemed. 

The financial report of the Secretary 
of the Treasury, in November, 1794, 
was the last official act of Colonel Ham- 
ilton. It was one of the ablest State 
papers of his life. It recommended the 
establishment of a sinking fund for the 
gradual extinction of the public debt. 
His recommendation in this particular 
was carried out by the Congress, and 
from it the public credit was greatly im- 
proved. On the 31st of January, 1795, 
Colonel Hamilton resigned his position 
as Secretary of the Treasury, and retired 
to private life. He was succeeded by 
Oliver Walcott, of Connecticut. 

In January, 1795, M. Adet succeeded 
M. Fauchet as Minister to the United 
States from the Republic of France. 
The object of his mission seems to have 
been to embroil the United States with the 
European powers with which France was 
engaged in war. He brought with him a 
flag of the French republic, which he 
presented to Washington, accompanying 
the presentation with an address which 
was doubtless intended more for the 
public than for the executive ear. A 
suitable response to this artful address 
imposed a difficult and delicate duty on- 
Washington, who, at all times, proved 
himself fully equal to the requirements 
of the occasion. No one sympathized 
more deeply than he did with the French 
people in their struggles; and yet no- 
one could be more determined than he 
was to pursue that course in regard to it 
which duty to his own country de- 
manded. In reply, therefore, under 
these embarrassments, he said : 

" Born, sir, in a land of liberty ; hav- 



THE ADMINISTRATION OF WASHINGTON. 



377 



ing engaged in a perilous conflict to de- 
fend it ; having, in a word, devoted the 
best years of my life to secure its per- 
manent establishment in my own coun- 
try ; my anxious recollections, my sym- 
pathetic feelings and my best wishes are 
irresistibly attracted, whensoever, in any 
country, I see an oppressed nation un- 
furl the banners of freedom. But, above 
all, the events of the French Revolution 
have produced the deepest solicitude, as 
well as the highest admiration. To call 
your nation brave, were but to pro- 
nounce common praise. Wonderful peo- 
ple ! Ages to come will read with 
astonishment the history of your bril- 
liant exploits. I rejoice that the period 
of your toils and of your immense sacri- 
fices is approaching. I rejoice that the 
interesting revolutionary movements of 
so many years have issued in the forma- 
tion of a Constitution designed to give 
permanency to the great object for which 
you have contended. I rejoice that 
liberty, which you have so long em- 
braced with enthusiasm — liberty, of 
which you have been the invincible de- 
fenders, now finds an asylum in the 
bosom of a regularly organized govern- 
ment; a government which, being formed 
to secure the happiness of the French 
people, corresponds with the ardent 
wishes of my heart, while it gratifies the 
pride of every citizen of the United 
States by its resemblance to their own. 
On these glorious events, accept, sir, my 
sincere congratulations." 

In this there was the fullest assurance 
of the profoundest sympathy ; but not 
the slightest intimation of a purpose to 
render the United States a party to the 
war. 

The address, so timely and prudent, 
checked the designs of M. Adet of alien- 
ating the people from confidence in 



Washington, by representing his course 
as proceeding from a want of sympathy 
for France in her struggle. M. Adet 
afterwards behaved worse than " Citizen 
Genet" had done. He issued an address 
to the people of the United States, 
charging the Federal administration 
with a breach of faith to their former 
allies, the French. His efforts, however, 
availed nothing. Washington had the 
confidence of the people. 




COAT OF ARMS OF TENNESSEE. 

On the ist of June, 1796, Tennessee 
was admitted into the Union. 

The time was now approaching for 
another Presidential election. The 
country being at peace with the world, 
and in a prosperous condition, Washing- 
ton, against all entreaties to the con- 
trary, positively determined to retire. 
In September, 1796, he gave to his 
countrymen his memorable " Farewell 
Address."* This was a befitting and 
crowning glory to his illustrious life. 

The candidates for the offices of Pres- 
ident and Vice-President, of what was 
then styled the Federal party, were John 
Adams, of Massachusetts, and Thomas 
Pinckney, of South Carolina. 

The Republican or Democratic can- 
didate for the Presidency was Thomas 
Jefferson ; for the Vice-Presidency the 
party was divided between Colonel 
Aaron Burr, of New York, and others. 
The contest resulted in the choice of 
John Adams for President, and Thomas 
Jefferson for Vice-President. The votes 



* See Appendix F. 



HISTORY OF TUT. UNITED STATES. 



Book II c. 13 



of the electoral colleges of the several 
States for the office of President were 
seventy-one for John Adams, and sixty- 
eight for Thomas Jefferson. This, as 
the Constitution then stood, conferred 
the office of President upon Mr. Adams 
— he having the highest vote — and the 
office of Vice-President on Mr. Jefferson 
— he having the next highest. 

At the opening of the session, on the 
7th of December, 1796, Washington 
delivered his annual communication 
upon the state of the country to both 
Houses, in joint assembly, in the Repre- 
sentative Hall. His custom from the 
beginning was thus to meet the Con- 
gress in joint assembly on the opening 
of each session, and give his views on 
public matters, not in a written message, 
but an oral speech. The answer of the 
two Houses, in their separate action, to 
this, his last Presidential speech, ex- 
pressed the grateful sense of Congress 
of his eminent services to his country, 
their deep regret at his retiring from 
office, and ardent wish for his future 
personal happiness. These answers, in 
spirit and substance throughout, showed 
the high estimation in which the retiring 
chief was held by men of all parties. 
After the 4th of March, 1/97, he retired 
to Mount Vernon. 

The administration of the government 
during Washington's two terms had 
been successful and prosperous beyond 
the expectations and hopes of even the 
most sanguine of its friends. The 
finances of the country were no longer 
in an embarrassed condition ; the public 
credit was fully restored; life was given 
to every department of industry. The 
workings of the new system of allowing 
Congress to raise revenue from duties on 
imports proved to be not only harmon- 
ious in its Federal action, but astonish- 



ing in its results upon the trade and 
commerce of all the States. The ex- 
ports from the Union increased from 
nineteen million to over fifty-six million 
dollars; while the imports increased in 
about the same proportion. Three new 
members had been added to the Union. 
The progress of the States in their new 
career, under their new organization, 
thus far was exceedingly encouraging, 
not only to the friends of liberty within 
their own limits, but their sympathizing 
allies in all climes and countries. 

CHAPTKR XL 

ADMINISTRATION OF JOHN ADAMS. 
(4th March, 1797 — 4th March, 1801.) 

Inauguration — Cabinet of Washington retained — 
Relations with France more complicated — Extra 
session of Congress convened — President author- 
ized to call out militia — Stamp duties imposed — 
Unpopular with the people — Pinckney, Gerry, and 
Marshall sent special envoys to France — The " X. 
Y. Z. " correspondence — Pinckney's expression, 
"Millions for defence, not a cent for tribute" — Fail- 
ure of mission — All treaties with Fiance abrogated 
— Cities on the coast fortified — Navy Department 
created — Benjamin Stoddert appointed Secretary — 
Alien and Sedition Acts — Great popular excitement 
and alarm — War with France threatening — Wash- 
ington appointed Lieutenant-General — Naval en- 
gagements — Washington's last presence in the 
House of Representatives — Another attempt to avert 
war by negotiations — Three new Envoys appointed 
— Napoleon in power in France — Treaty of peace 
made — Washington's death — Honors paid to his 
memor) — Presidential election in 1800 — Excite- 
ment over the Alien and Sedition Acts — Prosecu- 
tion of Matthew Lyon — While in prison elected to 
Congress — Prosecution of Thomas Cooper — Trial 
of fames T. Callender — Indictment of Jared Peck 
— Principles of Virginia and Kentucky resolutions 
of 1798-9, and Madison's report thereon — Platform 
of Republicans in the canvass — The Federal can- 
didates, Ad. mis and Pinckney — The Republican 
candidates, Jefferson and Burr — The result of the 
votes — Election made by the States in the House 
of Representatives — Thirty-six ballotings — Jeffer- 
son finally elected President and Burr Vice-Presi- 
dent — Retirement of Adams — Subsequent life and 



THE ADMINISTRATION OF ADAMS. 



379 




his death on the fiftieth anniversary of the Inde- 
pendence of the United States — His last words, 
" Jefferson survives." 

[N the 4th of March, 1797, John 
Adams, of Massachusetts, the 
second President of the United 
States, was duly inaugurated at 
Philadelphia, in the presence of 
both Houses of Congress, and a large 
concourse of distinguished persons. He 
was then in the sixty-second year of his 
age. He was dressed in a full suit of 
pearl-colored broadcloth, and wore his 
hair powdered. His inaugural address 
was delivered before his oath of office 
was taken. This was administered by 
Oliver Ellsworth, then Chief-Justice of 
the Supreme Court of the United States, 
he having been elevated to that position 
en the resignation of Chief-Justice Jay. 

The new President retained in office 
the same members of the executive 
Cabinet left by Washington. These 
were, Timothy Pickering, Secretary of 
State; Oliver Wolcott, Secretary of the 
Treasury; and James McHenry, Secre- 
tary of War. 

Mr. Jefferson was sworn in as Vice- 
President. During his term of Vice- 
President he did not usually attend the 
sessions of the Senate. He occupied 
the chair, however, occasionally. He 
prepared for the use of the Senate an 
admirable system of Parliamentary Law, 
suited to that body as well as the House 
of Representatives and most legislative 
representative bodies in this country. It 
was compiled chiefly from precedents, in 
the House of Commons of England, and 
is known as Jefferson's Manual. It has 
ever since been highly valued as the 
bases of the Lex Parliamcntaria in the 
United States. 

The relations existing between France 
and the United States were now becom- 



ing not only complicated but decidedly 
unfriendly. They occupied the earliest 
attention of the new administration. The 
conduct of M. Adet had led to a suspen- 
sion of diplomatic intercourse between 
the two Republics. France had issued 
orders quite injurious to the commerce 
of the United States. 

In this emergency Mr. Adams thought 
the immediate attention of Congress 
necessary, and therefore called an extra 
session of the two Houses, to take place 




JOHN ADAMS. 

on the 15th of May. The course pur- 
sued by the revolutionary government 
of France toward all nations was so 
violent and offensive, that the observance 
of a strict neutrality, in the opinion of 
the President, seemed to be impossible 
with a due regard to the interests of the 
United States. 

A majority of Congress, still wishing 
to maintain a neutral position, and to 
preserve peace with France as well as 
England, passed an act to prevent the 



3 So 



JI I STORY OF THE UNITED STATES. 



Book II., c. 11 



fitting out of privateers and also to pro- 
hibit the exportation of arms and am- 
munition. Moreover, the President was 
authorized, if he deemed it necessary, to 
call out the militia and volunteers to the 
number of eighty thousand men. To 
provide means to meet and defray ex- 
penses which might be thus incurred, 
duties by way of stamps were imposed 
upon paper and parchment used for the 
various purposes of business. 

This measure, carried chiefly by the 
party still styling themselves "Federal- 
ists," proved to be very unpopular. It 
revived the old feeling of hostility to the 
Stamp Acts of England; and the more 
so from the fact that Mr. Adams' sym- 
pathies were generally believed to be 
with England, and against France in the 
contest then waging between them. 

In obedience to the popular sentiment, 
Mr. Adams resolved to make another 
attempt for an amicable adjustment of 
the controversy with France. In pur- 
suance of this policy, by and with the 
consent of the Senate, he appointed 
Charles Cotesworth Pinckney, of South 
Carolina; Elbridge Gerry, of Massachu- 
setts; and John Marshall, of Virginia, 
ial envoys to that republic. These 
Ministers Extraordinary met at Paris, in 
October, 1 797, and at once attempted to 
execute the duties assigned them. 

M. de Talleyrand, the French Minister 
for Foreign Affairs, refused to receive 
them in their public capacity, but em- 
ployed unofficial individuals to confer 
with them, using instead of their proper 
names (which were then unknown) the 
letters X. V. X., and in this way the 
intercourse with the ministers of the 
United States was attempted to be car- 
ried on. 

The object was to detach the envoys 
from each other, and to learn the several 



views of each by secret interviews. It 
was soon disclosed that the payment of 
the sum of two hundred and fifty thou- 
sand dollars would secure the official 
recognization of the ministers, with a 
settlement of all matters in dispute. It 
was on this occasion that Mr. Pinckney 
gave expression to the sentiment, " Mil- 
lions for defence, but not a cent for 
tribute ! " which met with a hearty re- 
sponse from the people of the United 
States. Two of the e-nvoys, Mr. Marshall 
and Mr. Pinckney, requested the Presi- 
dent to send them permission to return 
home. They were shortly afterwards 
ordered by the French government to 
quit the territories of that republic. Mr. 
Gerry was invited to remain and did so; 
but effected nothing. 

At the session of Congress which* 
began on the 13th of November, 1797, 
and continued over eight months, acts 
were passed for the protection of naviga- 
tion; for the defence of the seacoast, by 
fortifying Boston, Newport, New York, 
Baltimore, Norfolk, Charleston, and 
Savannah; for an additional land and 
naval force; for a loan, which was 
negotiated at eight per cent., and for a 
direct tax on real estate. All treaties 
with France were declared abrogated, 
and all commercial intercourse between 
her and the United States was declared 
suspended. 

At the same session, April 7th, 1798,. 
an act organizing a territorial govern- 
ment for what was then known as the 
Mississippi territory was passed. Also 
at the same session a new executive 
office was created, known as the " Nav\ 
Department," the chief officer of which 
was to be known as the " Secretary of 
the Navy," and constitute one of the 
President's Cabinet Counsellors. Under 
this act Benjamin Stoddert, of Maryland,. 



THE ADMINISTRATION OF ADAMS. 



381 



was appointed Secretary of the Navy. 
A provisional army was also ordered to 
be raised, the President being authorized 
to organize twelve regiments of infantry, 
one regiment of cavalry and one of 
artillery, with engineers, to serve during 
the difficulty with France. He was also 
empowered to have built, purchased, or 
hired, twelve vessels of twenty guns 
each. These acts met with the general 
approbation of the people. 

But during the same session some other 
acts were passed which created great 
discontent and indignation. The lead- 
ing ones of this character were what are 
known as the "Alien and Sedition Acts." 

By one of the Alien Acts (there were 
two on this subject) the President at his 
pleasure was authorized to order any 
foreigner, whom he might believe to be 
dangerous to the peace and safety of the 
United States, to depart out of the coun- 
try, under very heavy penalty for refus- 
ing to obey the order. By the Sedition 
Act it was made a crime, with a very 
heavy penalty, for any one "to write, 
print, utter or publish, any false, scan- 
dalous and malicious writing" against 
"either House of the Congress of the 
United States, or the President of the 
United States, with the intent to defame, 
or to bring them, or either of them, into 
contempt or disrepute." 

These acts were looked upon by the 
Republican party everywhere as greatly 
transcending the powers of the Congress 
under the Federal compact. Not only 
so, they were regarded as a palpable 
violation of the amendments to that com- 
pact, which guaranteed the liberty of 
speech, and the freedom of the press, 
with the right of trial by jury in all 
cases. The Legislatures of Kentucky 
and Virginia declared these acts to be 
direct and gross violations of the Con- 



stitution, and appealed to the other States 
to join in opposition to them. 

Numerous petitions for their repeal 
were presented to Congress at its next 
session; but without avail. This in- 
creased the popular excitement and ■ 
alarm. Mr. Jefferson, at his home, Mon- 
ticello, looked upon these acts of the 
Federal party, and the principles upon 
which they were based, and defended, as 
leading inevitably to a centralized em- 
pire. These views he expressed in 
strong and earnest language in his ex- 
tensive correspondence. In the event of 
a war with France, which seemed im- 
minent, all eyes were turned to Wash- 
ington, as a proper person to be placed 
at the head of the armies. He was, 
therefore, appointed to the command of 
all the United States forces with the 
rank of Lieutenant-General. This he ac- 
cepted upon the condition that Hamilton 
should be second in command ; which 
condition was complied with. But, for- 
tunately for humanity, it did not become 
necessary for him to take the field in the 
discharge of the duties of this responsi- 
ble position. No declaration of actual 
war was made either by France or the 
United States against the other, although 
for some time a state of quasi war existed 
between them on the high seas, and several 
engagements took place between their 
ships of war. On the 9th of February, 
1 799, the United States frigate Constella- 
tion, of thirty-eight guns, commanded 
by Commodore Truxton, captured the 
French frigate L Insurgent, of forty guns. 
This French vessel had previously taken 
the United States schooner Retaliation. 
The Constellation, after refitting in the 
United States, subsequently met at sea 
the French frigate La Vengeance, of fifty- 
five guns, and in an engagement of 
about five hours silenced her batteries ; 



3 8 2 



11 1 STORY OF THE UNITED STATES. 



Book II.. c. U 



though she succeeded in making her 

escape, with a loss of 156 men, in killed 
and wounded. 

At the opening of the session of Con- 
gress, in December, 1798, Washington 
was present in the hall of the House of 
Representatives for the last time; this 
was also his last visit to Philadelphia. 
Acting upon the principle of one of his 
favorite maxims, "in time of peace pre- 
pare for war," lie was thus actively con- 
ferring with the President and Cabinet 
officers upon matters connected with the 
organization of the military forces or- 
dered to be raised. Preparations for 
war were vigorously pushed forward. 
Several necessary acts of Congress were 
passed. The President was authorized 
to contract for building six additional 
ships of war, of seventy four guns each, 
and six sloops of war, of eighteen guns 
each. To meet these expenditures, one 
million of dollars was appropriated. 

But in the midst of these active move- 
ments, a new turn was given to affairs. 
Intimations having been received, though 
in an indirect and informal way, 
through Mr. Van Murray, United States 
Minister in Holland, that the French 
officials were now willing to renew 
diplomatic intercourse with this country, 
Mr. Adams determined to make an- 
other attempt at negotiation. I le there- 
fore appointed three other Envoys Ex- 
traordinary to France, clothed with 
ample powers to adjust all existing diffi- 
culties between the two countries. This 
high commission consisted of Oliver 
Ellsworth, then Chief-Justice of the 
United States, William R. Davie, one of 
the most distinguished statesmen of 
North Carolina, and William Van Mur- 
ray, through whom the informal intima- 
tion had been given. In this most im- 
portant act, Mr. Adams did not consult 



his cabinet. When Mr. Pickering and 
Mr. McHcnry were informed of it, they 
expressed their decided and earnest op- 
position to it. Most of those who had 
so far supported Mr. Adams' measures 
considered it inconsistent with the honor 
and dignity of the United States to adopt 
the course resolved upon by him. They 
insisted that proposals to treat should 
come directly from France. The breach 
between the President and several of the 
leaders of his party on this question 
became irreparable. The reasons which 
governed him at the time have never 
been clearly explained. But the most 
rational probable solution of it, in the 
absence of direct proof, is that he acted 
under the urgent private advice of 
Washington. Be that as it may, it 
proved to be one of the wisest and most 
beneficent deeds of his life. On the 
arrival of the envoys at Paris, they found 
that a great change had taken place in 
the government there The Directory 
had been overthrown, and Napoleon 
Bonaparte was First Consul. 

They were favorably received. Com- 
missioners were appointed to meet them ; 
one of these was Joseph Bonaparte. 
Negotiations were entered into, ami 
articles of a treaty were agreed upon, 
which were- afterwards confirmed and 
ratified by both governments. 

But in the meantime, while negotia- 
tions were pending, and before the con- 
clusion of peace, the illustrious character 
who was again acting so conspicuous a 
part in the drama of national affairs, 
passed from the public stage forever. 
Washington died at Mount Vernon, ow 
the 14th of December, 1799, in the 
sixty-eighth year of his age. lie was 
born on the 22d of February, 1732. 
The announcement of the afflicting 
event of his death was made in the 



THE ADMINISTRATION OT ADAMS. 



House of Representatives as soon as the 
news reached Philadelphia, by John 
Marshall, then a member of Congress 
from Virginia. Both houses immediately 
adjourned. The whole country was 
filled with gloom by the intelligence. 
Men of all parties in politics, and creeds 
in religion, united with Congress in 



383 

outward semblance of grief, but the nat- 
ural outbursts of the hearts of the peo- 
ple, prompted by the loss of a father. 
He was indeed everywhere regarded as 
the " Father of His Country." His re- 
mains were deposited in a family vault, 
on his own estate, on the banks of the 
Potomac, where they still lie entombed. 




Washington's grave, mount vernon. 



paying honor to the memory of the 
" citizen " who, in the language of the 
resolution of Marshall adopted by the 
House, "was first in war, first in peace, 
and first in the hearts of his countrymen."* 
These manifestations were no mere 

* Annals of Congress, 61I1 Congress, p. 204. 



The country in the midst of its grief for 
the loss of Washington, early in i8oo 
received the gratifying news of the 
opening of negotiations which led to 
the amicable and honorable settlement 
of the French controversy. During the 
summer of this year the seat of govern- 



3«4 



IIiyiURY Oi- THE UXIJED S TAILS. 



B OK II., c. 11 



mcnt was moved from Philadelphia to 
the then new city of Washington, where 
President Adams met Congress at its 
next session, on the 22d of Novem- 
ber, and was the first Chief Magistrate 
who occupied the White House. 

During this year also occurred an- 
other Presidential election. The contest 
became very exciting and heated be- 



Presidency, Colonel Aaron Burr, of New 
York. The chief issues in the contest 
were the principles involved in the Alien 
and Sedition Acts, and other like central- 
izing measures, with which Mr. Adams 
and his supporters had become identified. 
These measures were odious to the great 
mass of the common people. They be- 
came more so from the manner in which 




THE WHITE HOUSE, WASHINGTON CITY. 



tween the opposing parties. The candi- 
date of the party styling itself" Federal" 
for the office of President was Mr. 
Adams, the then incumbent; and for 
the office of Vice-President, Charles 
Cotesworth Pinckney, of South Carolina. 
The candidate of the Republican or 
Democratic party for the Presidency 
^vvas Mr. Jefferson ; and for the Yice- 



thcy were executed. Under the Sedition 
Act, several persons of high character 
and known integrity were prosecuted, 
condemned and punished. Matthew 
Lyon, of Vermont, was selected as the 
first victim. He was an Irishman by 
birth, an extreme Republican, and a 
man who did not mince phrases. He 
had given offence to the Federal mem- 



THE ADMINISTRATION OF ADAMS. 



385 



bers of the House by styling the Presi- 
dent's address " the king's speech." It 
was the custom of Mr. Adams, as it had 
been of General Washington, to make 
his annual communication to Congress 
on the state of the country in an oral 
address to both Houses in joint assem- 
bly. It was to this Presidential speech 
or address Mr. Lyon referred. The 
offences for which he was indicted, how- 
ever, were his having declared, in a letter 
published in a Vermont newspaper, that 
with the Federal Executive, " every con- 
sideration of the public welfare was 
swallowed up in a continual grasp for 
power, an unbounded thirst for ridicu- 
lous pomp, foolish adulation, and selfish 
avarice ; " and in regard to the fast-day 
he said, " the sacred name of religion 
had been used as a State engine to make 
mankind hate and persecute each other." 
These utterances were charged to have 
been false, scandalous, and malicious, 
" and made with an intent to bring the 
President into contempt and disrepute," 
in violation of the Sedition Act. 

He was tried before Judge Patterson, 
of the Supreme Court, and found guilty. 
The judge, after a severe reprimand, 
sentenced him to four months' imprison- 
ment and a fine of a thousand dollars. 
Lyon was poor and unable to pay the 
fine. A private lottery was made of his 
property, to raise the amount; but the 
printer of the paper in which the plan 
of the lottery was published was in- 
dicted and condemned under the same 
act. While Lyon was still in prison he 
was triumphantly elected to Congress. 
The fine, 51,060.90, which he had paid, 
was refunded to his heirs by an act of 
Congress of 4th of July, 1840, together 
with interest thereon from date of the 
imposition of the penalty. 

Thomas Cooper, one of the most 
25 



eminent men and writers of his day, was 
found guilty and sentenced to a fine and 
imprisonment for speaking of the act of 
President Adams in the case of "Jona- 
than Robbins" as being "without pre- 
cedent, without law, and against mercy," 
and as an act "which the monarch of 
Great Britain would have shrunk from." 

In the trial of James T. Callender the 
question of the constitutionality of the 
law was raised by the defendant's counsel 
before Judge Chase. He refused to hear 
them on the question. They threw up 
their briefs and left the court. Callender 
was found guilty and sentenced to fine 
and imprisonment. For this act and 
other like official misconduct Judge 
Chase was subsequently impeached, as 
we shall see. 

Jared Peck, an eminent citizen of the 
State of New York, was indicted under 
the act for circulating a petition to Con- 
gress for the repeal of the "Alien and 
Sedition Laws," in which the odious 
features of those acts were severely 
handled. The indictment was found by 
a grand jury in the city of New York; 
a bench warrant was issued; Peck was 
arrested in the midst of his family, and 
taken to the city for trial. A political 
historian of New York, speaking of this 
case, says: "A hundred missionaries in 
the cause of Democracy, stationed be- 
tween New York and Cooperstown, 
could not have done so much for the 
Republican cause as the journey of 
Judge Peck as a prisoner from Otsego 
to the capital of the State. It was 
nothing less than the public exhibition 
of a suffering martyr for the freedom of 
speech and the press and the right of 
petitioning, to the view of the citizens 
of the various places through which the 
marshal travelled with his prisoner." 

It was in this state of popular feeling 



HISTORY OF THE UNITED STATES. 



386 

and excitement and alarm for public lib- 
erty that the Presidential election of 
1800 took place. The doctrines and 
principles of the Virginia and Kentucky 
resolutions of 1798,* and Mr. Madison's 
matchless report on those of Virginia in 
*799-t embodied the general views of 
the Republican party everywhere. Mr. 
Jefferson was regarded as the master- 
spirit from whom they all emanated. 
The Republican party was, however, 
contending against great odds; all three 
departments of the Federal government 
— the Executive, Legislative and Judicial 
— were decidedly against them, with all 
the power and influence of public patron- 
age. The Legislatures of all the States, 
also, except those of Kentucky and Vir- 
ginia, were against them. 

Of the two hundred newspapers then 
published in the United States, all but 
aboui twenty were enlisted by preference 
or patronage on the Federal side. The 
result of the votes of the Electoral Col- 
leges was for Jefferson, 73; Burr, 73; 
Adams, 65 ; Pinckney, 64, and John Jay, 
I. The States that cast the electoral 
votes of their Colleges for Mr. Jefferson 
and Colonel Burr were nine, to wit: New 
York, Pennsylvania, Maryland, Virginia, 
Kentucky, North Carolina, Tennessee, 
South Carolina, and Georgia. Those that 
cast the electoral votes of their Colleges 
for Mr. Adams and Mr. Pinckney were 
seven, to wit: New Hampshire, Massa- 
chusetts, Rhode Island, Connecticut, Ver- 
mont, New Jersey, and Delaware. Rhode 
Island cast one vote for Mr. Jay, to pre- 
vent that equality of votes on the Fed- 
eral ticket, which resulted on the Re- 
publican side from the want of a like 
precaution on their part, and which 
caused so much excitement and con- 



Book n., c. 11 



* See Kentucky Resolutions, Appendix G. 
j- Sec Appendix II. 



fusion. Mr. Jefferson and Colonel Burr 
having received an equal number of 
votes, there was no election by the Col- 
leges, as the Constitution then stood. It 
then devolved upon the House of Repre- 
sentatives, voting by States, to choose 
President and Vice-President between 
Mr. Jefferson and Colonel Burr — the two 
having the highest number of electoral 
votes. 

On the nth of February, 1801, the 
House proceeded to make this choice by 
ballot. It was well known that Mr. 
Jefferson was the popular choice for 
President and Colonel Burr for Vice- 
President; but a majority of the States 
at that time having a " Centralist " major- 
ity in the House, there was for some 
time a strong determination to defeat 
the popular will, if possible. On the 
first ballot for President, the vote by 
States stood: for Jefferson, 8; for Burr, 
6, and 2 divided. There were then 16 
States in the Union; so there was no 
choice, as 8 war, not a majority of all. 
The States proceeded to ballot nineteen 
times on that day with the same result. 
The States remained in session all night, 
and proceeded to the twenty-eighth bal- 
lot next day, when the result was the 
same. On the 13th they proceeded to 
the twenty-ninth ballot. On the 14th 
they proceeded to the thirty-third ballot, 
on the 1 6th they proceeded to the thirty- 
fourth ballot, when the result was the 
same. On the 17th they proceeded to the 
thirty-fifth ballot, with the same result; 
then to the thirty-sixth ballot, the result 
of which was, 10 votes for Mr. Jeffer- 
son, 4 for Colonel Burr, and 2 in blank. 
Mr. Jefferson was, thereupon, declared 
duly elected President for four years 
from and after the 4th of March, 1801. 
Colonel Burr became the Vice-President 
for the same term. 



THE ADMINISTRATION OF ADAMS. 



387 



On the last ballot the States voting 
for Jefferson were: Vermont, New 
York, New Jersey, Pennsylvania, Mary- 
land, Virginia, North Carolina, Georgia, 
Kentucky, and Tennessee, — ten. 

Those that voted for Colonel Burr 
were: Rhode Island, New Hampshire, 
Connecticut, and Massachusetts, — four. 

The States voting blank ballots were 
Delaware and South Carolina, — two.* 

The change in the Federal vote which 
resulted in the election of Jefferson was 
effected, as believed at the time, by 
letters of Hamilton to some of his 
friends, urging them to vote for Jefferson, 
instead of Burr. This was, perhaps, the 
real cause of the subsequent personal 
hostility of Burr to Hamilton. During 
the administration of Mr. Adams the 
progress and prosperity of the States 
were considerably retarded. The taxes 
were greatly increased, and foreign trade 
and commerce were seriously injured by 
the difficulties with France. From these 
causes the industrial pursuits through- 
out the country were more or less 
affected. 

Foreign immigration was also checked 
by the Alien Acts. By one of these the 
period required for naturalization was 
extended to fourteen years. Discon- 
tent prevailed everywhere, and the 
country was brought to the verge of 
civil war by the tyrannical execution of 
those measures of the party in power, 
calling itself Federal, which were looked 
upon by a majority of the people as un- 
constitutional and tending to centralism 
and despotism. 

Mr. Adams, after the expiration of his 
term of office, and the defeat of his as- 
pirations for a re-election, returned to 
his home and a large estate at Quincy, 
Massachusetts, where he spent the re- 

* Annal of Congress, 6th Congress, pp. 1029, 1033. 



mainder of his long life, devoting his 
attention chiefly to books and agricul- 
ture, without taking any active part in 
the political questions which subse- 
quently agitated the country. He there 
quietly enjoyed that " otium cum dig- 
tiitatc" which is so befitting the close of 
a life of merited distinction, achieved in 
the discharge of the duties pertaining to 
the highest and most responsible trusts 
and offices. 

During the bitter party conflict in the 
presidential contest, in which Mr. Adams 
and Mr. Jefferson were arrayed against 
each other, as the recognized heads of the 
respective parties, their strong life-long 
personal attachments became almost as a 
matter of course alienated. This aliena- 
tion, however, did not long survive the 
conflict; indeed Mr. Adams was not so 
much to be blamed for the excesses of 
his party as were some of its other more 
violent, and, perhaps, less patriotic 
leaders; so doubtless thought Mr. Jeffer- 
son. It is believed that Mr. Adams, 
approved the general principles and line 
of policy set forth in Mr. Jefferson's in- 
augural, and also approved the leading 
measures of his administration. 

A friendly correspondence was opened 
up between them some years afterward, 
which added to the charms of the char- 
acters of both. Mr. Adams was fortu- 
nate in his retirement in many respects ; 
he lived to enjoy the gratification and 
honor of seeing his favorite and gifted 
son duly elected to the office of Presi- 
dent of the United States ; an honor no 
ex-president has enjoyed since, and per- 
haps no one ever will hereafter. This 
son had warmly espoused Mr. Jefferson's 
principles and measures, soon after his 
inauguration, and had steadfastly main- 
tained the leading principles of the 
Republican party, during Jefferson's, 



3 88 



11 [STORY OF THE UNITED STATES. 



Book II., c. 12 



Madison's, and Monroe's administrations, 
as we shall see. 

Some coincidences in the lives of Mr. 
Adams and Mr. Jefferson may be here 
very appropriately noted. They were 
the two foremost champions of the cause 
of Independence in 1776; they were 
both on the committee who drew up the 
Declaration of Independence; they were 
both on the committee appointed the day 
after its proclamation to prepare a device 
for the great seal of the newly organ- 
ized Confederated Republic; they were 
the "Castor and Pollux" of the Ameri- 
can cause in the darkest hours of its 
struggles, or, as has been suggested, 
they may perhaps be more properly 
considered the " Cleobis and Bion " of 
that cause. But the most striking coin- 
cidence of all, in their lives, was the prox- 
imity of the times of their death as well 
as the day upon which it occurred. It 
was on the 4th day of July, 1826, as 
will hereafter be more fully noted, and 
was the fiftieth anniversary of the day 
on which they had jointly taken such 
prominent parts in the proclamation of 
the Declaration of Independence of the 
United States. The sage of Monticello 
died a few hours before the statesman 
of Quincy, but the last words of the 
latter were, "Jefferson survives." 



CHAPTER XII. 

ADMINISTRATION OF JEFFERSON. 
(4th of March, 1801 — 4th of March, 1809.) 

Jefferson inaugurated at Washington city, in the fifty- 
eighth year of his age — Great anxiety to hear his 
inaugural — Serious apprehensions from what was 
supposed to be his French principles — His inaugu- 
ral — Gives general satisfaction — The obnoxious 
measures of preceding administration repealed — 
Convicts under Sedition Act pardoned — Flections 
of 1S01 favorable to the administration — Majority 
in both House* — Acquisition of Louisiana — Letter 




of Jefferson to Or. Priestly on the subject—Cession by 
' ieorgia in 1 802, consummated in 1S03 — Twelfth 
amendment "I 1 In_- Constitution ratified — War with 
Tripoli— Commodore Preble, Commodore Barron 
— Treaty of peace — Presidential election of 1804 
— Duel of Burr and Hamilton — Relations with 
England and France threatening— British orders 
in council — Napoleon's Berlin and Milan decrees 
— The affair of the Leopard and Chesapeake 
— British government disavow the act of the offi- 
cers of the " Leopard " — The Embargo Act — Presi- 
dential election, 1808 — Votes of the States — Re- 
peal of the Embargo — Retirement of Mr. Jeffer- 
son, with a popularity unsurpassed. 

R. JEFFERSON, the third Presi- 
dent of the United States, was 
inaugurated the 4th of March, 
i8oi,at the then new, but now 
known as the old capitol building 
in the city of Washington. He was at 
that time in the fifty-eighth year of his 
age. His accession to office was re- 
garded as a complete revolution in the 
politics of the country, effected through 
the peaceful and constitutional instru- 
mentality of the elective franchise. The 
doctrines taught by him and advocated 
by his friends during the canvass were 
looked upon by many as not only tending 
to weaken the bonds of Union between 
the States, but partaking of the licentious 
character of those which marked the 
Jacobins of France. In his thorough 
devotion to the cause of the right of 
every separate people to govern them- 
selves as they pleased, according to the 
principles set forth in the Declaration of 
Independence, of which he was well 
known to be the author, it was supposed 
by man)', that he lost sight of those 
elements of power which were necessary 
in all governments to make them strong 
enough for their own preservation. In- 
tense interest, therefore, was felt every- 
where as to the line of policy which 
would be indicated in his Inaugural Ad- 
dress. This was delivered before both 



THE AbMIKISTRA TION OF JEFFERSON. 



389 



Houses of Congress, the foreign minis- 
ters, and a large concourse of citizens. 
It was clear, pointed, and emphatic. 

His views of the Federal system are 
succinctly but distinctly given. He speaks 
of the United States as a nation. In his 
view they constitute just such a nation 
as he suggested they should be in his 
letter to Mr. Madison, in 1786; that is, 
the States, as to all other Powers, are 
one nation, while as to themselves they 



tect, and to violate which would be 
oppression. Let us, then, fellow-citizens, 
unite with one heart and one mind. Let 
us restore to social intercourse that har- 
mony and affection without which liberty 
and even life itself are but dreary things. 
And let us reflect that having banished 
from our land that religious intolerance 
under which mankind so long bled and 
suffered, we have yet gained little if we 
countenance a political intolerance as 
despotic, as wicked, and capable of as 

During 



remained separate and distinct. His 

views on party excitements were timely | bitter and bloody persecutions 
and admirable, and nothing could 
have shown more conclusively 
that he was a born leader of men 
than his remarks made just when 
and where they were, that "every 
difference of opinion is not a differ- 
ence of principle," and that, "we 
are all Republicans — we are all 
Federalists." 

The following is a copious ex- 
tract from the inaugural, which 
deserves perpetuation in the his- 
tory of the country: 

"During the contest of opinion 
through which we have passed, 
the animation of discussion and 
of exertions had sometimes worn 
an aspect which might impose on 
strangers unused to think freely 
and to speak and to write what 
they think; but this being now decided by 
the voice of the nation, announced ac- 
cording to the rules of the Constitu- 
tion, all will, of course, arrange them- 
selves under the will of the law, and 
unite in common efforts for the common 
good. All, too, will bear in mind this j and peaceful shore; that this should be 
sacred principle, that though the will of j more felt and feared by some and less 
the majority is in all cases to prevail, I by others; that this should divide opin- 
that will, to be rightful, must be reason- ions as to measures of safety. But 
able; that the minority possess their every difference of opinion is not a 
equal rights, which equal laws must pro- j difference of principle. We have called 




THOMAS JEFFERSON. 

the throes and convulsions of the ancient 
world, during the agonizing spasms of 
infuriated man, seeking through blood 
and slaughter his long-lost liberty, it was 
not wonderful that the agitation of the 
billows should reach even this distant 



39° 



HISTORY OF THE UXITED STATES. 



Book II., C. VI 



by different names brethren of the same 
principle. We are all Republicans 
— we are all Federalists. If there 
be any among us who would wish to 
dissolve this Union, or to change its 
republican form, let them stand undis- 
turbed as monuments of the safety with 
which error of opinion may be tolerated, 
where reason is left free to combat it. 
I know, indeed, that some honest men 
fear that a republican government cannot 
be strong; that this government is not 
strong enough. But would the honest 
patriot, in the full tide of successful exper- 
iment, abandon a government which lias so 
far kept us free and firm, on the theoretic 
and visionary fear that this government, 
the world's best hope, may by possibility 
want energy to preserve itself? I trust 
not. I believe this, on the contrary, the 
strongest government on earth. I believe 
it the only one where every man, at the 
call of the laws, would fly to the standard 
of the law, and would meet invasions of 
the public order as his own personal 
concern. Sometimes it is said that man 
cannot be trusted with the government of 
himself. Can he, then, be trusted with the 
government of others ? Or have we found 
angels in the forms of kings to govern 
him? Let history answer this question. 
" Let us, then, with courage and con- 
fidence pursue our own Federal and Re- 
publican principles, our attachment to 
our Union and representative govern- 
ment. Kindly separated by nature and 
a wide ocean from the exterminating 
havoc of one-quarter of the globe; too 
high-minded to endure the degradations 
of others; possessing a chosen country, 
with room enough for our descendants 
to the hundredth and thousandth gener- 
ation ; entertaining a due sense of our 
equal right to the use of our own facul- 
ties, to the acquisitions of our industry, 



to honor and confidence from fellow- 
citizens, revolting not from our birth but 
from our actions and their sense of them ; 
enlightened by a benign religion, pro- 
fessed, indeed, and practised in various 
forms, yet all of them including honesty, 
truth, temperance, gratitude, and the love 
of man; acknowledging and adoring an 
overruling Providence, which by all its 
dispensations proves that it delights in 
the happiness of man here and his 
greater happiness hereafter; with all 
these blessings, what more is necessary 
to make us a happy and prosperous peo- 
ple? Still one thing more, fellow-citi- 
zens — a wise and frugal government, 
which shall restrain men from injuring 
one another, which shall leave them 
otherwise free to regulate their own pur- 
suits of industry and improvements, and 
shall not take from the mouth of labor 
the bread it has earned. This is the sum 
of good government, and this is necessary 
to close the circle of our felicities. 

" About to enter, fellow-citizens, on 
the exercise of duties which comprehend 
everything dear and valuable to you, 
it is proper that you should understand 
what I deem the essential principles of 
our government, and consequently those 
which ought to shape its administration. 
I will compress them within the narrowest 
compass they will bear, stating the gen- 
eral principle, but not all its limitations. 
Kqual and exact justice to all men, of 
whatever State or persuasion, religious 
or political : peace, commerce, and honest 
friendship with all nations — entangling 
alliances with none; the support of the 
State governments in all their rights, as 
the most competent administrations for 
our domestic concerns, and the surest 
bulwarks against anti-republican tenden- 
cies ; the preservation of the general gov- 
ernment in its whole constitutional vigor, 



THE ADMINISTRATION OF JEFFERSON. 



391 



as the sheet-anchor of our peace at home 
and safety abroad ; a jealous care of 
the right of election by the people — a 
mild and safe corrective of abuses which 
are lopped by the sword of revolution 
where peaceable remedies are unpro- 
vided; absolute acquiescence in the de- 
cisions of the majority — the vital prin- 
ciple of republics, from which there is no 
appeal but to force, the vital principle 
and immediate parent of despotism ; a 
well-disciplined militia — our best reliance 
in peace and for the first moments of war, 
till regulars may relieve them ; the su- 
premacy of the civil over the military 
authority ; economy in the public ex- 
pense, that labor may be lightly bur- 
dened ; the honest payment of our debts 
and sacred preservation of the public 
faith; encouragement of agriculture, and 
of commerce as its handmaid ; the diffu- 
sion of information and the arraignment 
of all abuses at the bar of public reason ; 
freedom of religion ; freedom of the 
press ; freedom of person under the 
protection of the habeas corpus ; and 
trial by juries impartially selected — these 
principles form the bright constellation 
which has gone before us, and guided 
our steps through an age of revolution 
and reformation. The wisdom of our 
sages and the blood of our heroes have 
been devoted to their attainment. They 
should be the creed of our political faith 
— the text of civil instruction — the touch- 
stone by which to try the services of those 
we trust, and should we wander from 
them in moments of error or alarm, let 
us hasten to retrace our steps and to 
regain the road which alone leads to 
peace, liberty, and safety." 

In conclusion, he said : " Relying then 
on the patronage of your good will, I 
advance with obedience to the work, 
ready to retire from it whenever you 



become sensible how much better choice 
it is in your power to make ; and that 
Infinite power which rules the destinies 
of the universe, lead our councils to 
what is best, and give them a favorable 
issue for your peace and prosperity." 

The oath of office was then admin- 
istered to him in the Senate Chamber of 
the old Capitol by John Marshall, the 
newly appointed Chief Justice of the 
United States. The inaugural most 
agreeably disappointed a great many who 




JOHN MARSHALL. 

had earnestly opposed his election, while 
it received the general approval of the 
people throughout the country. 

In the organization of the new cabinet, 
James Madison was appointed to the 
office of Secretary of State ; Henry 
Dearborn, of Massachusetts, to the of- 
fice of Secretary of War ; Levi Lincoln, 
of Massachusetts, to the office of Attor- 
ney-General ; Robert Smith, of Mary- 
land, John Breckenridge, of Kentucky, 
and Caesar A. Rodney, of Delaware, sue- 



392 



HISTORY OF THE UXITED STATES. 



Book II., c. 12 



cessively filled the office. Samuel Dexter, 
Secretary of the Treasury, and Benjamin 
Stoddert, Secretary of the Navy, under 
Mr. Adams, were continued in their 
offices for a time. After some months 
of this continuance, Mr. Dexter was 
succeeded in the Treasury Department 
by Albert Gallatin, of Pennsylvania; and 
Mr. Stoddert in the Navy Department 
by Robert Smith, of Maryland. The 
Sedition Act of 1798 was, by its terms, 
limited to the 3d of March, 1801 '; with 
a proviso, however, that the limitation 
was not to affect any prosecutions com- 
menced before that period, or thereafter 
to be commenced, for violation of it 
during its existence. At the time of Mr. 
Jefferson's inauguration, there were quite 
a number then suffering the penalty of 
the act in various jails. These prisoners 
he immediately ordered to be discharged, 
as he held the act to be " unconstitu- 
tional, null and void." The discharge 
was ordered without hesitation, under 
the pardoning power; he held that the 
three departments of government — the 
Executive, Legislative, and Judicial — 
are separate, independent, and co-ordi- 
nate; and each equally clothed with the 
exercise of supreme powers in the dis- 
charge of duties within its sphere, and 
equally authorized to judge for itself of 
what is and what is not constitutional, 
on matters within its prescribed sphere 
in cases properly before it ; and that no 
one of the three is bound by the decision 
of either or both of the others, on any 
constitutional question, cither in the 
same case or any other similar to it. No 
other prosecutions, however, for past 
violations of the Sedition Act, were com- 
menced. At the meeting of the first 
session of the Seventh Congress, in De- 
cember, 1 801, in pursuance of an an- 
nouncement before made, of his intention 



to discontinue the mode of addressing 
Congress on their assembling, in what 
was known as " the Presidential Speech," 
he simply sent to each House a message 
in writing, giving his views on public 
affairs and the situation of the country. 
His example thus set has been uniformly 
followed by his successors ever since. 
The State elections of 1801 resulted in 
favor of the Republican or Democratic 
party. Mr. Jefferson's principles and 
policy were so popular with the masses 
of the people, that his administration was 
cordially sustained by decided majorities, 
in both Houses of this Congress. They 
repealed all "the obnoxious measures" 
of their immediate predecessors. Among 
these were the internal taxes, the taxes 
on stills, distilled spirits, refined sugar, 
carriages, and stamped paper, etc. They 
also repealed the act extending the period 
of naturalization to fourteen years ; re- 
ducing it to five, in conformity with Mr. 
Jefferson's suggestion. They passed an 
act for redeeming the public debt, by 
which it was provided to appropriate 
annually seven millions three hundred 
thousand dollars as a sinking fund for 
that purpose. An act was also passed 
reducing the army, with its expenditures. 
An object which occupied the early 
attention of Mr. Jefferson was the secur- 
ing to the people of the United States 
from Spain the free navigation of the 
Mississippi river, with a depot of trade 
at its mouth. In 1802 he received in- 
formation of the cession of Louisiana to 
France by Spain, in a secret treaty in 
1800. He immediately instituted a 
commission to treat with Prance upon 
the subject. For this purpose, Mr. 
Monroe was sent out as special minister, 
to act in conjunction with Mr. Liv- 
ingston, the United States resident 
minister at Paris. The mission was 



THE ADMINISTRATION OF JEFFERSON 



3J3 



more successful than had been even 
hoped for. Napoleon was ready, not 
only to negotiate upon the object sought, 
but for a cession of the entire territory. 
A treaty to this effect was made on the 
30th April, 1803, by which the United 
States were to pay fifteen million dollars, 
as follows — $11,250,000 in money to the 
French government, and $3,750,000 for 
the claims of American citizens for spolia- 
tions of their commerce by French 
cruisers, during the late quasi war with 
that country. The $11,250,000 to the 
French government was paid, but the 
$3,750,000 estimated as the amount of 
spoliations to American citizens has 
never yet been paid. 

The treaty also guaranteed that the 
Un't^d States should protect the then 
inhabitants, in all their rights of person 
and property. 

The population consisted of about 
Uincty thousand; nearly half of these were 
negro slaves ; the others were French 
;md Spanish colonists. In this negotia- 
tion, Napoleon was governed both by 
necessity and policy. He wanted money 
for his European wars, and knew that an 
at.empt to hold Louisiana would be but 
an incumbrance. His remark on this 
occasion was characteristic of the man. 
" This accession of territory strengthens 
forever the power of the United States, 
and I have just given to England a 
maritime rival that will sooner or later 
humble her pride." The treaty was 
received in the United States in July, 
rnd added greatly to the popularity of 
the administration. It was opposed by a 
few of the old Federal party leaders ; 
but was ratified by the Senate in the 
October following, by 24 for it to 7 
against it. 

In the House an act for carrying the 
treaty into effect was adopted by a vote 



of 90 to 25. This acquisition added 
over a million of square miles to the 
territory of the United States, and more 
than doubled the extent of their original 
limits. In relation to it, Mr. Jefferson, 
in a letter to Dr. Priestley, said : 

" The denouement has been happy, 
and I confess I look to this duplication 
of area for the extending a government 
so free and economical as ours, as a 
great achievement to the mass of happi- 
ness which is to ensue. Whether we 
remain in one confederacy, or form into 
Atlantic and Mississippi Confederacies, 
I believe not very important to the hap- 
piness of either. Those of the Western 
Confederacy will be as much our chil- 
dren and descendants, as those of the 
Eastern, and I feel myself as much iden- 
tified with that country in future time as 
with this ; and did I now foresee a sepa- 
ration at some future day, yet I should 
feel the duty and the desire to promote 
the Western interests as zealously as the 
Eastern, doing all the good for both 
portions of our future family which 
should fall within my power." 

On October 31, 1803, a territorial 
government to the entire Louisiana ac- 
quisition was perfected, which was sub- 
sequently divided into two other terri- 
tories ; all the southern part receiving 
the name of the Territory of Orleans, and 
the remaining portion retaining the name 
of Louisiana. 

In 1803 was consummated the ces- 
sion by Georgia (agreed upon in 
1802) to the United States, of nearly 
100,000 square miles of territory, be- 
tween the Chattahoochee and Missis- 
sippi rivers, in consideration of the sum 
of $1,250,000 to be paid to Georgia, and 
the engagement of the general govern- 
ment to extinguish the Indian title, in 
all that portion then occupied by the 



394 



HISTORY OF THE UXITED STATES. 



Book II , c. 12 



aboriginal tribes. On the 19th of Feb- 
ruary of the same year (1803) the State 
of Ohio was admitted into the Union. 




COAT OF ARMS OF OHIO. 

At the same session of Congress an- 
other important amendment to the Con- 
stitution was proposed. It now stands 
as the Twelfth Amendment to that in- 
strument. It is that which regulates the 
present mode of electing the President 
and Vice-President, requiring the electors 
in the several colleges of the States to 
designate the person voted for for Presi- 
dent, and the one voted for for Vice- 
President. It was to prevent the recur- 
rence of such a state of things as took 
place between Mr. Jefferson and Colonel 
Burr at the last election. This amend- 
ment was opposed by the old Federal 
leaders; but was passed by two-thirds 
of both Houses of Congress, and speed- 
ily ratified by all the States except three, 
to wit, Connecticut, Delaware and Mas- 
sachusetts. 

In November, 1 804, articles of im- 
peachment were presented by the House 
against Judge Samuel Chase, one of 
the Associate Justices of the Supreme 
Court, upon charges previously alleged 
against him for official misconduct in the 
trial of James T. Callcnder, and other 
cases. The Senate came to a final vote 
on the first day of March, 1805. On 
several of the charges, a majority of the 
Senate were for his conviction, but for a 
want of a two-thirds vote, he was ac- 
quitted upon all.* 



See Annals of Congress, p. 665. 



The Barbary powers on the coast of 
Africa still continued to obstruct the 
commerce of the United States in the 
Mediterranean. This led to war with 
Tripoli, one of them. A considerable 
naval force was sent against that power 
in 1803, under command of Commodore 
Preble. The Philadelphia, a ship of 
his squadron, ran aground near the 
harbor of Tripoli, and was taken by the 
enemy. The retaking and burning of 
this ship by Stephen Decatur, then a 
lieutenant, was one of the most brilliant 
naval achievements on record. This 




AARON BURR. 

feat was accomplished by him with but 
seventy-six men, in a small schooner, 
and under a constant fire of the guns of 
the Tripolitan fleet, as well as their land 
batteries. The war, however, lasted for 
some time. Commodore Preble was 
succeeded by Commodore Barron, who 
after several brilliant exploits brought 
the bashaw to terms. 

A treaty was then made for the future 
security of commerce, and by which 
several citizens of the United States who 
had been held by the Tripolitan pirates 
as slaves, were ransomed and restored 
to their homes and liberty. This was 
in the summer of 1805. In the mean 



THE ADMINISTRA TIQN OF JEFFERSON. 



time another presidential election had 
taken place. The Republicans, or 
Democrats, voted for Mr. Jefferson for 



395 

ported Charles Cotesworth Pinckney for 
President, and Rufus King, then of New 
York, for Vice-President. The result 




NAPOLEON I. 

the office of President, and for George I was one hundred and sixty-two electoral 

v^;lf:: Yo & fo F r r ffice of - votes for Mr - jefferson £ E5K 

Present. The Federals sup- and fourteen only for Mr. Pinckney and 



39 6 



HISTORY OF THE UNITED STATES. 



Book II., c. 12 



Mr. King. By States the vote stood: 
fifteen States for the Democratic ticket 
and only two for the Federal. These 
two were Connecticut and Delaware. So 
popular was Mr. Jefferson's administra- 
tion, that the centralizing party styling 
itself " Federal " had become almost ex- 
tinct. He was inaugurated for a sec- 
ond term on the 4th of March, 1805. 
In 1804, Colonel Burr, while Vice- 
President, was a candidate for the office of 
governor in the State of New York, and 
was supported by many of the old Fed- 
eralists. Colonel Hamilton, who had 
no confidence in his integrity, opposed 
his election and he was defeated. Some 
remarks made by Hamilton during the 
canvass against Colonel Burr led to a 
correspondence between them, which 
ended in a challenge from Burr. The 
parties met at Weehawkcn, New Jersey, 
July 1 ith, 1804, and Hamilton was mor- 
tally wounded. This fatal duel occa- 
sioned general regret, and after that 
Burr lost caste with all parties. He sub- 
sequently was engaged in planning a 
military organization of some sort; 
which, from the great secrecy and mys- 
tery in which it was conducted, caused a 
suspicion that its designs were against 
the United States. He was arrested, 
indicted, and tried for treason ; but no 
case being made against him, he was 
acquitted. 

The course of France and England in 
conducting the war then fiercely raging 
between them was highly injurious to 
the commerce of the United States. 
The British government by its "orders 
in council" declared all vessels engaged 
in conveying West India produce from 
the United States to Kurope legal prizes. 
This was intended as a blow* to cripple 
France; but it fell heavily upon the in- 
terests of the United States, and ex- 



cited great indignation throughout the 
country. 

In May, 1806, further "orders in 
council " were passed declaring several 
European ports under contrel of the 
French in a state of blockade. This of 
course authorized a seizure of United 
States vessels with their cargoes bound 
for these ports. These "orders in 
council" by the British government were 
met by Napoleon in what is known as 
his " Berlin decree." This forbade the 
introduction of any English goods 
into any port of Europe, even by the 
vessels of neutral powers. This decree 
closed the harbors of France against any 
vessel which should touch at any Eng- 
lish port. This was followed by fur- 
ther "orders in council" declaring the 
whole coast of Europe in a state of 
blockade. 

This measure was met further by 
Napoleon by his famous "Milan de- 
cree," confiscating not only the vessels 
and cargoes that should violate the " Ber- 
lin decree" but also all such as should 
submit to be searched by the English. 
The United States were the chief suffer- 
ers by these extreme measures on both 
sides; but it was in vain that they expos- 
tulated with the contending powers, in 
insisting upon the indefeasible rights of 
neutrals. "Join me in bringing England 
to reason" was the substance of the 
reply of Napoleon; "Join us in putting 
down the disturber of the world" was 
the substance of the reply of England. 

The United States therefore was left 
to choose which of the belligerents she- 
would take for an enemy. War against 
both was too great an undertaking ; con- 
tinued neutrality between them seemed 
to be out of the question — it involved all 
the disadvantages without any of the ad- 
vantages of open war. Other events 



THE ADMINISTRATION OF JEFFERSON 



397 



happened which turned the scale in the 
popular mind against England. 

In June, 1807, the British man-of-war 
Leopard fired into the United States 
frigate Chesapeake and killed three of 
her men, wounding eighteen more. This 
was near the coast of the United States, 
and was without provocation. The 
Chesapeake was not in condition for 



istration in any measures of retaliation 
or redress which might be adopted. A 
proclamation was issued by the President 
forbidding British ships-of-war to enter 
the waters of the United States. Satis- 
faction for the insult was demanded of 
the British government. Congress was 
also convened in extra session to take 
the subject into consideration. The 




OFFICERS OF THE CHESAPEAKE OFFERING THEIR SWORDS. 



action, and immediately struck her 
colors. The pretence for this outrage 
was the capture of certain British seamen 
alleged to be on board the Chesapeake. 
It greatly increased the existing indigna- 
tion against England in all the States. 
Meetings were held in all sections with- 
out distinction of party, at which resolu- 
tions were passed to support the admin- 



British government promptly disavowed 
the act of the officer in command of the 
Leopard, and also disclaimed the right 
of search to be extended to ships-of-war. 
This allayed the excitement for a time, 
but no redress could be obtained fi^m 
France or England for the violation of 
the neutral rights of the United States. 
In December, 1807, the Congress, as a 



398 



HISTORY OF THE UNITED STATES. 



Book II. c. 12 



last resort, by way of retaliation, as well 
as an initiative step towards war with 
England, passed the celebrated" Embargo 
Act," by which all United States trading 
vessels were prohibited from leaving 
their ports. This measure operated much 
more to the disadvantage of England 
than of France. But it operated also 
very injuriously, as was believed, upon 
the shipping interests of this country. 
It caused great distress and much mur- 
muring, especially in the New England 
States, were most of the shipping was 
owned. The political effect in that sec- 
tion was decidedly adverse to the Repub- 
lican party. 

In 1808 another Presidential election 
took place. Mr. Jefferson had signified 
his determination to retire from office at 
the expiration of his second term. Not- 
withstanding the disaffection in New 
England, on account of his policy in the 
matter of the Embargo, he was yet sus- 
tained by large Republican majorities in 
both Mouses of Congress. In the elec- 
tions for this year the anti-administration, 
or old Federal party revived, supported 
the same ticket for the offices of Presi- 
dent and Vice-President that they did in 
1804; that is, Charles Cotesworth Pinck- 
ney for President, and Rufus King for 
Vice-President; while the administration 
or Republican party supported James 
Madison for President, and George 
Clinton, of New York, for Vice-Presi- 
dent. 

Candidates for these offices were then 
put forth by Congressional caucuses of 
the respective parties. The result of the 
election was 122 electoral votes for 
Madison and 47 for Pinckney, and 113 
for Clinton for Vice-President and 47 
for King. By States, the vote stood: 12 
for the Republican ticket and five for 
the Federal. These five were New 



Hampshire, Massachusetts, Rhode Isl- 
and, Connecticut, and Delaware. Shortly 
before the expiration of Mr. Jefferson's 
second term of office, information was 
given to him from a quarter which he 
believed to be reliable that the disaffec- 
tion to the Embargo was so great in 
some of the New England States, that 
they would withdraw from the Union, if 
it were persisted in. He therefore, with- 
out any change of views as to the pro- 
priety of the policy, but with a view to 
harmony between the States, recom- 
mended its repeal. This recommenda- 
tion was carried out by the Congress, 
and Mr. Jefferson left for his successor 
the settlement of the many difficult and 
perplexing questions then pending be- 
tween the United States, England, and 
FYancc. After the 4th of March, 1809, 
he retired forever from public office and 
returned to his residence at Monticello, 
with a reputation for integrity and states- 
manship unsurpassed even by Washing- 
ton. His popularity was greater at the 
close than at the beginning of his ad- 
ministration, which seldom happens to 
the ablest, wisest and best of rulers. 

He was everywhere regarded by the 
masses of the people, not only as the 
true expounder of our Federal system, 
but the great Apostle of Liberty on this 
continent. The two most important acts 
of his life, in their immediate as well as 
remote bearings upon the destinies of 
the country, were those connected with 
the Declaration of Independence, and 
the acquisition of Louisiana. The three 
which seemed to be the most fondly 
cherished in his own memory were his 
draft of the Declaration ©^Independence, 
the part he took in securing the statute 
of his State for freedom in religious 
worship, and the establishment of the 
University of Virginia. 



7 HE AD MINIS THAT/OH OF MADISON. 



399 



CHAPTER XIII. 

ADMINISTRATION OF MADISON — FIRST 

TERM. 

(4th of March, 1S09 — 4lh of March, 1S13.) 

His Cabinet — Sketch of his character — A National 
in the Federal Convention, but afterwards Repub- 
lican — Intimate political and personal friend of 
Mr. Jefferson — The Non-Intercourse Act — Repre- 
sentation of Mr. Erskine, British Minister — About 
the orders in council — Proclamation of the Presi- 
dent in consequence — The assurance of Erskine 
disavowed by his Government — He is recalled and 
Mr. Jackson sent in his place — Correspondence 
soon ceases with him — Congress convened — Senti- 
ment for war — Assurance (rom France that their 
Berlin and Milan decrees were revoked — Presi- 
dent's proclamation — Orders in Council persisted 
in — Commodore Rogers on the frigate President 
repels an insult from the officers of the British 
sloop-of-war Little Belt — This arouses popular 
enthusiasm — The cry of " Free Trade and Sailors' 
Rights" — The young leaders on the Republican 
side, Clay, Calhoun, Cheeves and Lowndes, for 
war — The Cabinet divided — War feeling increased 
by Indian outbreaks — General William Henry 
Plarrison — Battle of Tippecanoe — Increase of the 
army and navy voted — John Henry, British agent — 
Burning of Richmond theatre, 181 1 — Great earth- 
quake of 1812 — Louisiana admitted into the Union 
— Death of George Clinton, Vice-President — 
Declaration of war, 18th of June, 1812 — Presi- 
dential election — The candidates and result — Sev- 
eral Republicans oppose declaration of war — John 
Randolph prominent in opposition — Admiral War- 
ren's proposition for cessation of hostilities — 
Nothing comes of it. 

ji'AMES MADISON, the fourth 
At President of the United States, 
was inaugurated on the 4th of 
March, 1809, in the fifty-eighth 
year of his age. The oath of 
office was administered by Chief-Justice 
Marshall, in the presence of a large con- 
course of people. 

The new cabinet consisted of Robert 
Smith, of Maryland, Secretary of State; 
Albert Gallatin continued in the office of 
Secretary of «the Treasury; William 
Eustis, of Massachusetts, Secretary of 



War; Paul Hamilton, of South Carolina, 
Secretary of the Navy; and Caesar A. 
Rodney, of Delaware, continued Attor- 
ney-General. 

In politics Mr. Madison was at this 
time a recognized leader of the Repub- 
lican or Democratic party. He had 
been Secretary of State during Mr. Jef- 
ferson's entire administration, and was a 
cordial supporter of his principles and 
measures. He was styled the " Father 
of the Constitution:" this was because 
he was the author of the Virginia Reso- 
lution in 1786, which proposed the call 
of a Convention of the States to revise 
the Articles of Confederation between 
the States, and whose work finally re- 
sulted in the adoption of the new Con- 
stitution of 1787, and not from his hav- 
ing originated or suggested any of the 
leading features of the new Constitution 
so formed and ratified, as we have seen. 
On this score no man of that day was 
less entitled to such an appellation; for 
he was one of the most prominent leaders 
of the National party in the Philadelphia 
Convention, and with Randolph, Hamil- 
ton, Wilson, Morris and King, endeav- 
ored to effect a consolidation of the 
States by a merger of their separate 
sovereignties into one; and thus out of 
the whole to form one single, centralized 
Republic. It was on his violent speech 
against the adoption of the first report 
of the Grand Committee of Compromise, 
that Mr. Lansing and Judge Yates, of 
New York, retired from that body, 
believing that no plan would be adopted 
which would not do away with the Fed- 
eral system. After the Nationals in that 
Convention found that they could not 
succeed in remodelling the Union on 
their line of a single, centralized Repub- 
lic, then Mr. Madison, as we have said 
before, with Hamilton and Wilson, came 



400 



HISTORY Ol- THE UXITED STATES. 



Book II, c. 13 



into a cordial support of the amended 
Federal system, as it was finally agreed 
to and adopted; and he united with 
Hamilton and Jay in earnestly recom- 
mending the ratification of the new Con- 
stitution by the States, in a series of very 



prominent position with those then styl- 
ing themselves "Federalist^.'* He co- 
operated thoroughly with Hamilton, 
while the latter was Secretary of the 
Treasury, in several of his financial 
measures. But before the end of Gen- 




PRESIDENT MADISON. 

able articles, known as the "Federalist," ! cral Washington's administration he 
as has been stated.* leaned very strongly towards the views 

When the government, under the new of Mr. Jefferson ; and when party lines 
organization, went into operation, Mr. became clearly defined, in Mr. Adams' 
Madison was a member of the House administration, on the constructive and 
of Representatives, and at first held a { centralizing doctrines of* that period, he 
* See Ante, Chapter ix. | became one of the ablest champions of 



THE ADMINISTRATION OF MADISON. 



40 r 



the Strict Construction or Republican 
side. 

Mr. Jefferson was on most intimate 
terms with him during life, and had no 
small influence over him, as he had over 
all men of intellect with whom he came 
in personal and social contact. Mr. Jef- 
ferson had drawn the celebrated resolu- 
tions of Kentucky, of 1798, which fact, 
though not generally known at the time, 
was most probably known to Mr. Madi- 
son, as well as to all his intimate political 
friends; and it is not improbable that the 
resolutions of Virginia, of 1798, if not 
drawn by him, at least received their in- 
spiration from the same master brain. 

Mr. Madison also, most probably, re- 
ceived aid from the same source when 
he wrote his famous report upon the lat- 
ter in 1799, which set forth the principles 
on which the revolution of parties in 
1800 was effected. This celebrated re- 
port is one of the ablest papers, and 
clearest expositions of the Constitution 
of the United States that has ever been 
penned in the same compass.* It utterly 
annihilated the positions assumed by the 
consolidating and centralizing party of 
that day. 

Such is a brief sketch of the ante- 
cedents of the man who succeeded Mr. 
Jefferson in 1809, and on whom devolved 
the administration of Federal affairs, with 
the management and adjustment of the 
difficult questions then disturbing the 
foreign relations of the States with the 
two greatest powers on earth. 

The embargo had been abandoned, as 
we have seen, by Mr. Jefferson, in order 
to preserve peace and harmony between 
the States of the Union. In lieu of this, 
however, in accordance with his views, 
an Act of Congress was passed just be- 
fore his retirement, substituting for the 



See Appendix H. 



Embargo what was called a " Non-inter- 
course Act." This left United States 
shipping free to trade with all countries 
except England and France; and the 
prohibition as to these was to cease, as 
to them, or either of them, upon the re- 
peal of their " Orders in Council " or 
" Decrees " respectively, affecting the 
commerce of the United States. 

Very soon after Mr. Madison's acces- 
sion to office, Mr. Erskine, the British 
Minister at Washington, gave assurances 
that the " Orders in Council " of England 
would be annulled. Whereupon a proc- 
lamation was issued on the 19th of April, 
by the President, suspending the " Non- 
intercourse Act," as to England, after the 
10th of June, following. This good 
news had hardly reached the most dis- 
tant parts of the country, before the 
President was informed by the British 
government that Mr. Erskine had ex- 
ceeded his powers, and his act in the as- 
surance given was disavowed. Another 
proclamation was immediately issued 
countermanding the first. So matters 
remained for some time. Mr. Erskine was 
recalled, and another minister sent out 
by England. This was a Mr. Jackson. 
The tone and style of his correspondence 
with the Secretary of State was of such 
a character that Mr. Madison ceased to 
hold communication with him, and de- 
manded his recall. In the meantime 
Congress had convened. The prevailing 
sentiment was for war. The President, 
however, and a majority of his cabinet, 
were for adjusting the questions by peace- 
able negotiations, if possible. An ex- 
tension with a modification of the Non- 
intercourse Act was adopted. 

In 1 8 10, the United States Minister at 
Paris was informed " that the Berlin and 
Milan Decrees were revoked, and would 
cease to have effect after the 1st of No- 



26 



402 



HISTORY 01 THE UW1TLD STATES. 



I'..,.,K II ,C. 1* 



vembcr of that year." The President 
accordingly issued a proclamation on the 
it of November, 1810, declaring that 
the French "Decrees" were revoked, 
and that the " Xon-intercourse Act " 
would be continued as to Great Britain 
unless her "Orders in Council" should 
be revoked in three months after that 
date. He also urged upon the British 
government a revocation of its "Orders 
in Council " upon the ground that the 
French " Decrees " upon which they 
were based had been repealed. The 
British government objected on the pre- 
text that no sufficient evidence was 
furnished that the Berlin and Milan De- 
crees had actually been repealed, and 
that the President's proclamation and 
the Non-intercourse Acts of Congress 
were partial and unjust. The enforce- 
ment of their " Orders in Council" was 
still persisted in; and for this purpose, 
ships-of-war were stationed before the 
principal harbors of the United States. 
The course of England at this time 
greatly increased the war feeling in the 
United States against her. This feeling, 
i >o, was inflamed by an event similar to 
the attack of the Leopard on the Chesa- 
peake. Commodore Rogers, command- 
ing the United States frigate President, 
met off the coast of Virginia, in the dusk 
of the evening of the i6th of May, 1 8 1 1, 
a vessel which he hailed, but from which 
he received no answer. In a short time- 
lie was hailed in turn by a shot from the 
vessel he had hailed which struck his 
mainmast. He accepted the mode 
offered of exchanging salutations, and 
answered with a broadside from his own 
deck, which he kept up in quick succes- 
sion until he found his adversary was 
disabled; and then, on hailing again as 
at .first, he was informed that it was the 
British sloop-of-war Little Belt. She was 



put Jwrs de combat in the encounter, 
and lost thirty-two men in killed and 
wounded. 

This prompt chastisement of overbear- 
ing insolence was highly gratifying to 
the popular sentiment throughout the 
United States, and gave new life to the 
cry of the period, " Free trade and 
sailors' rights." The Twelfth Congress 
was called together by the President on 
the 4th of November, i8u, in advance 
of the regular time of meeting. This 
was done in view of the still more em- 
barrassing aspect of the relations of the 
United States with Great Britain. This 
Congress, as all since 1801 had been, 
was largely Republican in both Houses; 
and while the measures of the Adminis- 
tration were generally sustained by con- 
siderable majorities in both Houses, yet 
there was a strong feeling rising up 
among the younger leaders of the party 
against what they considered the weak 
and timid course of the President. 

This class was for immediate war 
against England. Their leaders were 
Henry Clay, of Kentucky, and John C. 
Calhoun, Langdon Cheeves, and William 
Lowndes, of South Carolina. Another 
Presidential election was approaching, 
and Mr. Madison was given to under- 
stand that if he did not yield to an ac- 
tive war policy, he would not receive the 
Republican nomination. 

His cabinet at this time was divided 
upon that question. Mr. Monroe, who 
was then Secretary of State, in place of 
Mr. Robert Smith, favored the war policy; 
Mr. Gallatin, in the Treasury Depart- 
ment, was decidedly opposed to it ; Mr 
William Pinckney, who was then Attor- 
ney-General in place of Mr. Rodney, 
was of opinion that the country was en- 
tirely unprepared for a declaration of 
war at that time. The other members 



THE ADMINISTRATION OF MADISON. 



403 



of the cabinet seemed to have no very 
decided opinions on the subject. But 
all the members of the administration, 
with the President at the head, were per- 
fectly willing to commit themselves to, 
and endeavor to carry out, any policy 
that might be determined upon by the 
Congress, as the wisest and best for the 
maintenance of the safety, interest, rights, 
and honor of the country. 

The feeling of hostility against Eng- 
land about this time was increased by 
Indian outbreaks in the Northwest, 
which were attributed to her instigation. 
Just before the meeting of Congress 
General William Henry Harrison, Gov- 
ernor of the Territory of Indiana, had 
been sent against the tribes on the Wa- 
bash, with a body of Kentucky and In- 
diana militia, with one regiment of 
regular troops. On the 6th of Novem- 
ber he encamped at Tippecanoe, near 
the town in which Elkswatawa, the 
famous " Prophet " and the triplet 
brother of the celebrated Tecumseh, re- 
sided. Harrison was here met by the 
principal chiefs with offers of peace and 
submission. But having no faith in 
their professions, and apprehending an 
attack in the night, he caused his troops 
to sleep on their arms and in the order 
of battle. At four o'clock on the morn- 
ing of the 7th of November, i8u,the 
camp was furiously assaulted and a 
bloody contest ensued. The issue was 
doubtful for some time; but the Indians 
were finally repulsed. Harrison lost 
sixty-two killed and one hundred and 
twenty-six wounded. The loss sus- 
tained by the Indians was much greater. 
General Harrison destroyed the Prophet's 
town, built some forts, and returned to 
Vincennes. 

Under the influence of the war spirit 
thus excited, the Congress voted an in- 



crease to the regular army of thirty-five 
thousand men, and authorized the Presi- 
dent to accept the services of fifty thou- 
sand volunteers, as well as to call out 
the militia, as occasion might require. 
They also provided for a large increase 
of the navy. To meet the expenses of 
these measures they authorized a loan 
of eleven millions of dollars. The policy 
of Mr. Jefferson and Mr. Madison here- 
tofore had been Vo keep the military 
establishments, army and naval, on as 
small a footing as possible consistent 
with the public necessities. This policy 
was considered by them as most conso- 
nant with the spirit of a free people. 
The army before the increase now or- 
dered consisted of only about three 
thousand men. The navy consisted of 
less than twenty frigates and sloops of 
war in commission, and about one 
hundred and fifty gun-boats, with 
officers and men to man them. The 
gun-boats were suited only for harbor 
defence. 

During the same session of Congress, 
the President, by special message, sent 
to that body certain documents from 
which it appeared that one John Henry, 
a British subject, had been employed by 
his government as a secret agent in cer- 
tain intrigues, with a view to produce a 
disaffection in the New England States, 
that might result in their political con- 
nection with Great Britain. A committee 
in the House, to whom the matter was 
referred, reported that — 

" The transaction disclosed by the 
President's message presents to the 
mind of the committee conclusive evi- 
dence that the British government, at a 
period of peace, and during the most 
friendly professions, have been deliber- 
ately and perfidiously pursuing measures 
to divide the States, and to involve our 



404 



HISTORY OF THE UNITED STATES. 



Book II 



citizens in all the guilt of treason and the 
horrors of civil war." 

Meantime preparations for war went 
actively on. During the winter occurred 
two events of a different character, each 
of which produced a great sensation 
everywhere at the time, and both of 
which deserve to be noted in giving a 
general history of the country. One 
was the accidental burning of a theatre 
in the city of Richmon/ Virginia, during 
a play which had attracted an unusually 
crowded audience, in which several of 
the most prominent citizens of the State, 
with their families, including the gov- 
ernor, perished. The other was a frightful 
earthquake in the valley of the Mississippi. 

William C.C. Claiborne, adistinguished 
lawyer and statesman and former gov- 
ernor of the Territory, was one of the 
senators elect of the new State, and be- 
c line a famous member of that body. 

On the 8th of April, i8i2,the State of 
Louisiana was admitted into the Union. 




COAT OF ARMS OF LOUISIANA. 

Soon after an act was passed organizing 
a territorial government for all that por- 
tion of the Louisiana purchase lying 
outside of the then limits of the State of 
Louisiana. To this Territory the name 
of Missouri was given. 

On the 20th of April the venerable 
George Clinton, Vice-President of the 
United States, died in Washington at the 
age of seventy-three. His place was 
filled by William H.Crawford, of Georgia, 
who had previously been elected by the 
Senate President pro tempore of that 
bodv. 



We turn again to the progress of events 
involving the peace of the country. On 
the 30th of May Mr. Foster, the new 
British minister, resident at Washington, 
gave the ultimatum of his government 
upon all the questions in controversy 
between the two countries. This Mr. 
Madison communicated to Congress on 
the 1st of June, and the question was 
submitted to them : whether the wrongs 
justly complained of should continue to 
be borne, or whether the United States 
should rescrt to war. The subject was 




WILLIAM C. C. CLAIBORNE. 

referred to the Committee of Foreign 
Relations, of which Mr. Calhoun was 
chairman. They reported in favor of a 
declaration of war. This was discussed 
in the House for several days with closed 
doors. An act making a declaration of 
war was finally passed in that body, by 
a vote of 79 to 49. It went to the 
Senate, where it likewise passed, by a 
vote of 19 to 13, and was approved by 
the President on the 18th of June, 18 12. 
Such was the state of affairs when the 
presidential election of that year took 



THE ADMINISTRATION OF MADISON. 



405 



place. Mr. Madison received the Re- 
publican or Democratic caucus nomina- 
tion for re-election, and Elbridge Gerry, 
of Massachusetts, received the like nom- 
ination for Vice-President. Some of the 
more violent War Democrats, who looked 
upon Mr. Madison's course as too dila- 
tory in avenging public wrongs, put in 
nomination for the Presidency, De Witt 
Clinton, an eminent statesman of New 
York, and a nephew of the late Vice- 
President. Mr. Clinton was gener- 
ally supported by the anti-adminis- 
tration party, with Jared Ingersoll, 
of Pennsylvania, who had belonged 
to the old Federal party, for Vice- 
President, instead of Mr. Gerry. The 
result of the election was, 128 of the 
electoral votes for Mr. Madison, and 
89 for Mr. Clinton ; for Vice-Presi- 
dent, the election by the colleges 
stood : 131 for Mr. Gerry, and S6 for 
Mr. Ingersoll. By States, the vote 
stood : for the regular Democratic can- 
didates, 1 1 ; and for the opposition 
candidates, 7. The eleven States that 
voted for Mr. Madison were Vermont, 
Pennsylvania, Maryland, Virginia, 
North Carolina, South Carolina, Geor- 
gia, Kentucky, Tennessee, Ohio and 
Louisiana; and the seven that voted 
for Mr. Clinton were New Hamp- 
shire, Massachusetts, Rhode Island, 
Connecticut, New York, New Jersey 
and Delaware. The active scenes and 
stirring events which took place im- 
mediately after the declaration of war 
will be set forth in the next chapter. 

It may be proper to state here that 
notwithstanding a declaration of war was 
a Republican or Democratic measure, 
yet it was not sustained with unanimity 
by that party. The act declaring war 
was opposed in the House of Represent- 
atives by the celebrated John Randolph, 



of Roanoke, a member from Virginia 
(long a leader of the Republican side in 
that body), with great ability, vehemence 
and eloquence. He saw no practical 
good that would be likely to be accom- 
plished by it, but many serious ills that 
would attend it, and many more serious 
that might result from it. While he 
was by no means insensible of the British 
wrongs complained of, yet he was dis- 
posed to be more forbearing in exactions 
for immediate redross of them, in view 




of the desperate necessities of " mother 
country," from which the essential prin- 
ciples of our own liberty had been de- 
rived, in her then perilous struggle with 
Napoleon, whom he regarded as the 
public enemy of all free institutions. 
With that directness and boldness which 
marked every act of his life, he did not 
hesitate to aver, without regard to per- 
sonal considerations or popular favor, 
that whatever might be her faults and 
shortcomings, his sympathies in the ter- 



4o6 



HISTORY 01- TIIK UNITED STATES. 



Book II , c. 14 



rible struggle then in its crisis for national 
existence, between England and France, 
were with the country from which his 
own ancestry had descended, and with 
the land which had given birth to 
Shakspeare and Milton, to Coke, Hamp- 
den, Sidney and Chatham. 

It may be proper here, also, to notice 
the fact, that soon after the declaration 
of war, England renewed her overtures 
for a settlement of the controversy by 
negotiation. This was done through 
Admiral Warren of the British navy, 
who wrote from Halifax, in September, 
1812, to Mr. Monroe, Secretary of State, 
informing him that he was authorized to 
enter into stipulations for a cessation of 
hostilities, upon the basis of a revoca- 
tion of the " Orders in Council." Mr. 
Monroe replied that the President was 
willing to agree to an armistice provided 
Admiral Warren was authorized and 
jwas willing to negotiate terms by which 
impressment of seamen from vessels of 
the United States should be suspended 
and discontinued, as experience had 
proved that no peace could be durable 
until that question was definitely and 
finally adjusted. The correspondence 
here closed, as Great Britain refused to 
relinquish the right of search and im- 
pressment. The rejection of this over- 
ture at the time was, perhaps, the great- 
est error of Mr. Madison's administration. 
That was the main point in the contro- 
versy, which Mr. Randolph did not 
believe was in the power of the United 
States to have settled according to their 
liking. 

The doctrine of the right of expatria- 
tion, with the accompanying rights of 
naturalization under the laws of the 
United States, as held in this country, 
he did not believe England could be 
brought to accede to. The other ques- 



tions he thought might be adjusted by 
negotiation, and that the time was near 
at hand for their being thus adjusted, 
when war, as he thought, was too hastily 
declared. This overture of England, to 
some extent, confirmed the correctness 
of his judgment. But being rejected, 
however, the war went on, and with 
what results we shall see. 

CHAPTER XIV. 

ADMINISTRATION OF MADISON SECOND 

TERM. 
(4th of March, 1813 — 41I1 of March, 1S17.) 

Two changes in the Cabinet — War prosecuted with 
a view to the conquest of Canada — Not much ex- 
pected from the navy — Generals Dearborn, Hull, 
Van Renssalaer — Surrender of Detroit by Hull — 
Lewis Cass — Hull court-martialed and sentenced 
to be shot — His life spared — General William 
Henry Harrison succeeds Hull — Battle of Queens- 
town — Van Renssalaer resigns — General Smyth 
succeeds him and resigns — Splendid naval victor)' 
of Captain Isaac Hull — Constitution versus (Jan- 
riere — Naval victory of Captain Porter, pf the 
Essex, over the Alert — Naval victory of Captain 
Jones, in command of the Wasp, over the Frolic 
— Captain Decatur, in command of the frigate 
United States, captures the Macedonia — Commo- 
dore Bainbridge on the Constitution captures the 
Jii~<a —Exploits of United States privateers — Medi- 
ation offereil by Emperor Alexander — Accepted 
and Commissioners appointed — Meeting of the 
Thirtieth Congress — Supplies raised by taxes and 
loans — Invasion of Canada still the leading object 
— Another campaign with this view — Slaughter of 
United Slates prisoners at Frenchtown — Battle of 
York, or Toronto — General Pike falls — Defence 
of Fort Meigs by Harrison — Defence of Fort 
Sandusky by Croghan — Battle of Sackett's Har- 
bor — Capture of British Fort George — Battle ol 
Lake Erie — Splendid victory of Commodore Perry 
— Battle of the Thames — Tecumseh killed — Gen- 
eral Harrison resigns — Wilkinson succeeds — Creek 
Indians in Georgia and Alabama — Massacre at 
Fort Mines — Generals Floyd, of Georgia, and 
Andrew Jackson, of Tennessee — Battles of Cal- 
labee and Autossee — Battle of Tallusohatchee — 
Battle of Talladega — Jackson's victory — Battle of 
ill.- Hoi Shoe Bend — Jackson's great victory, 
and with it a treaty of peace with the Indians — 



THE ADMINISTRATION OF MADISON 



4or 



Witherford's speech — Victories of the infant navy 
— Lawrence on the Hornet over the Peacock — 
United States reverses — Loss of the Chesapeake — 
Fall of Lawrence — His last words — United States 
brig Argus captured by the Pelican — United 
States brig Enterprise captures British brig Boxer 
— Gallant exploit of Porter on United States frigate 
Essex — British Admiral George Cockburn on 
Chesapeake bay — Mediation of Russia rejected by 
British government, but proposition made for 
negotiations for peace — Offer accepted — Commis- 
sioners appointed — Ghent agreed upon as a place 
of meeting — Campaign of 1S14 — Battle of Chip- 
pewa — Battle of Lundy's Lane — Scott distin- 
guished — Battle of Fort Erie — Battle of Plattsburg 
— Great victory of Commodore McDonough — 
Battle of Bladensburg — British take possession of 
Washington — Bombardment of Fort McHenry — 
Francis Key and the "Star-Spangled Banner" — 
Death of Vice-President Gerry — Disaffection in 
the New England States — Hartford Convention — 
The great battle and victory at New Orleans — 
Treaty of peace with England — Naval war with 
Algiers — Decatur soon brings the Dey to terms — 
Treaty of peace with that power — Another bank 
of the United States chartered — Indiana admitted 
into the Union — Presidential election of 1816 — 
Candidates of the respective parties — Result of the 
election — Monroe and Tompkins chosen President 
and Vice-President — Retirement of Mr. Madison 
— Condition of the country. 

'r. MADISON was inaugurated 
President for a second term, on 
the 4th of March, 18 13. There 
were now two changes in his 
cabinet. William Jones, of 
Pennsylvania, filled the office of Sec- 
retary of the Navy, instead of Paul 
Hamilton, resigned, and General John 
Armstrong filled the office of Secretary 
•of War, instead of Dr. Eustis, resigned. 
War against Great Britain had been 
declared, as we have seen, on the 18th 
day of June before. This war was then 
going on, and it is now proper to bring 
up the events connected with it, which 
had transpired in the meantime. 

In bringing up these events it is also 
proper to premise that, at the time the 
war was declared, the prevailing idea was 




that England was to be brought to terms 
by the seizure of her neighboring prov- 
inces on the northern boundary of th" 
United States. This was the only vitai 
point at which it was expected that the 
United States could deal telling blows. 
Little or nothing was expected from any 
contest on the ocean. The United States 
navy, of less than thirty frigates and 
sloops-of-war in commission, even with 
the new additions ordered, could not, it 
was supposed, cope with England's fleets 
of a thousand sail. All that was expected 
of these was to aid the gun-boats in coast 
defence, and in preventing a land inva- 
sion ; while they migljt, also, in conjunc- 
tion with privateers put in commission, 
cripple the enemy to some extent by the 
destruction of their commerce on the 
high seas. But the capture of the Cana- 
das was looked upon as an easy prize. 
It was with this view that the army was 
organized, and active preparations made. 
The chief command of all the forces was 
assigned to General Henry Dearborn, of 
Massachusetts. His position was to be 
on the eastern end of the line ; the forces 
on the west end were assigned to Gen- 
eral William Hull, then Governor of 
Michigan ; those in the centre, or middle, 
of the line, were assigned to General 
Stephen Van Renssalaer. They were 
all to co-operate in their movements, 
with a view to Montreal as an ultimate 
objective point. 

On this line of policy, General Hull 
had, early in July, 18 12, concentrated an 
army of about 2,500 at Detroit. On the 
1 2th of that month he crossed over and 
took possession of the village of Sand- 
wich. Here he issued a very famous 
proclamation, and remained until the 8th 
of August, when upon hearing that Fort 
Mackinaw, on the river above Detroit, 
had been taken by the British and In- 



4oS 



HISTORY OF HIE UNITED STATES. 



Book II., c. 14" 



dians, he rccrossed the river and again 
took position at Detroit. A few days 
after this, General Brock, Governor of 
Upper Canada, who had called out a 
force, took his position at Maiden. On 
the 15th of August he erected batteries 
on the opposite side of the river, but in 
such position as to bring the town of 
Detroit within the range of his guns, and 
demanded of Hull a surrender of the 
place. Colonel McArthur and Colonel 
Lewis Cass had been sent off on detached 
service, with a small force, on the river 



kL.V-^l.LAtR. 



Raisin, a few days before, by General 
Hull. Captain Bush, of the Ohio vol- 
unteers, had also, with a small force, been 
sent off on similar detached service. 
These detachments were recalled by Gen- 
eral Hull on the 15th. On the 16th 
General Brock commenced crossing the 
river with his forces, three miles below 
the position occupied by General Hull. 
When the British had advanced within 
about five hundred yards of Hull's line, 
to their surprise they saw the display of 
a white flag. An officer rode up to in- 




quire the cause. It was the signal for a 
parley. A correspondence was opened 
between the commanding generals, which 
speedily terminated in a capitulation on 
the part of Hull. The fortress of De- 
troit, with the garrisons and munitions 
of war, were surrendered. The forces 
under Cass and McArthur, and other 
troops at the river Raisin, were included 
in the surrender. Captain Bush, how- 
ever, not considering himself bound 
by Hull's engagement, broke up his 
camp and retreated towards Ohio. The 
army surrendered by Hull amounted to 
2,500 men. General Brock's entire com- 
mand consisted of about 700 British 
and Canadians, with 600 Indians. 
This unaccountable conduct of Hull 
filled the whole country with indignation. 
As soon as he was exchanged, he was 
brought to trial by court-martial. I le 
was charged with treason, cowardice, and 
neglect of duty, but found guilty only of 
the two latter charges. He was sen- 
tenced to be shot, but his life was spared 
in consideration of gallant services in 
his younger days.* 

By the surrender of Hull, the whole 
Northwestern frontier was exposed, not 
only to British invasion, but Indian 
depredations of the most savage char- 
acter. Great alarm spread throughout 
all the neighboring States. Not less 
than ten thousand volunteers tendered 
their services to the government for de- 
fence. These were accepted and placed 
under command of General William 
Henry Harrison, who had succeeded 
Hull. 

After Hull's disaster, General Van 
Rensselaer, who had command, accord- 
ing to the original plan, of the centre of 

* Much has been written in mitigation, if not in 

vindication, of Hull's course, on which the author 
expresses no opinion. 



THE ADMINISTRATION OF MADISON. 



409 



the invading line, made a movement over 
the Canada border. His forces consisted 
of regulars and militia, and were assem- 
bled at Levvistown, on the Niagara river. 
On the opposite side was Queenstown, a 
fortified British post. This was the first 
object of his attack. On the 13th of 
October, he sent a detachment of a thou- 
sand men over the river, who succeeded 
in landing under a heavy fire from the 



selaer was now at Queenstown, and re- 
turned to carry over reinforcements, but 
his troops refused to obey the order. 
Soon after, another British reinforcement 
was rallied, which recaptured the fort 
after a bloody engagement, in which the 
greater part of the thousand men who 
had first taken it were killed. General 
Van Rensselaer immediately resigned. 
The command of the army of the 




ATTACK OF INDIANS AT FORT DEARBORN. 



British. The troops were led to the 
assault of the fortress by Colonels Chris- 
tie and Scott. They succeeded in captur- 
ing it. General Brock came up with a 
reinforcement of six hundred men, and 
made a desperate effort to regain the 
fort, but was defeated, and lost his life in 
the engagement. General Van Rens- 



centre was then assigned to General 
Alexander Smyth. He was soon at the 
head of an army of four thousand five 
hundred men. On the 28th of No- 
vember he was ready to move. That 
was the day fixed for crossing the river. 
The troops were embarked, but the 
enemy appearing on the opposite side 



4io 



J//S/OKY OF THE UNITED STATES. 



Book II. c 14 



in considerable force and battle array, a 
council of war was held, which resulted 
in a recall of the troops in motion, and a 
postponement of the enterprise till the 
ist of December. On that day another 
council of war was held, at which the in- 
vasion from that quarter was indefinitely 
postponed. General Smyth in turn im- 
mediately resigned. So ended the third 
and last attempt at an invasion of Canada, 
during the fall and winter of 1812. 
While the military operations on land, 



the Gulf of St. Lawrence by Captain 
Isaac Hull, of the United States frigate 
Constitution, and coming up with the 
British man-of-war Gucrricrc, under the 
command of Captain Dacres, at the time 
and place stated, an engagement imme- 
diately ensued. The fight was a des- 
perate one, and lasted for some time. 
But the result was the triumph of Hull 
and his gallant men. Dacres surren- 
dered ; but the Guerriere was too much 
disabled to be brought into port, and was 




MMOIJUKK HULL. 



from which so much had been expected, 
bore so gloomy an aspect, quite as much 
to the surprise as to the joy of the country, 
the exploits of the gallant little navy, in 
its operations on sea, from which very 
little had been looked for or hoped for, 
were sending in the most cheering tid- 
ings These may be thus stated : First 
On the 19th of August, 1812, three days 
after the disastrous surrender of Detroit 
by General William Hull, of the army, a 
most brilliant victory was achieved off 



blown up at sea. The loss of the Con- 
stitution in men was seven killed and 
seven wounded ; the loss of the Gucrricrc 
was fifty killed and sixty-four wounded; 
among the latter was Captain Dacres 
himself. 

About the same time, Captain Porter, 
in command of the United States frigate 
Essex, met and captured the British sloop- 
of-war Alert, after an action of only eight 
minutes. 

Second. On the 1 8th of October Cap- 






THE ADMINISTRATION OF MADISON. 



411 



tain Jones, in command of the United 
States sloop-of-war Wasp, of eighteen 
guns, met and captured the British sloop- 
of-war Frolic, of twenty-two guns, after a 
hard-fought battle of forty-five minutes, 
losing but eight men, while the loss of 
his enemy, in a vessel one-third his su- 
perior, was eighty men. 

Third. On the 25th of October, Cap- 
tain Decatur, in command of the frigate 
United States, of forty-four guns, met 
and captured the British frigate Mace- 
donian, mounting forty-nine guns and 
manned by three hundred men. The 



sailors Old Ironsides, then in command 
of Commodore Bainbridge, had another 
encounter at sea. This was with the 
British frigate Java, of thirty-eight guns. 
The action was fought off San Salvador, 
and lasted three hours. The Java was 
dismasted, and reduced to a wreck, los- 
ing one hundred and sixty-one killed 
and wounded, while the loss of the Con- 
stitution in killed and wounded was but 
thirty-four. 

Fifth. In addition to these victories of 
the public vessels, United States priva- 
teers, fitted out under letters of marque, 




action continued an hour and a half. 
The loss of the Macedonian was thirty-six 
killed and sixty-eight wounded ; while 
the loss on the United States was only 
seven killed and five wounded. The 
Macedonian was brought into New York, 
and the gallant Decatur, who, when lieu- 
tenant, had so signally distinguished him- 
self at Tripoli, was welcomed with the 
applause and honors which he had so 
nobly won. 

Fourth. On the 29th of December the 
Constitution, familiarly called by the 



COMMODORE DECATUR. 

succeeded in severely distressing the en- 
emy's commerce, capturing about five 
hundred of their merchantmen, and tak- 
ing three thousand prisoners, during the 
first seven months of the war. England, 
as Napoleon had predicted, had found an 
enemy which was ably contesting her 
supremacy as mistress of the sea. 

Such was the aspect of affairs on land 
and sea in the progress of war, up to the 
time of Mr. Madison's inauguration for 
a second Presidential term. Soon after 
this, on the 8th of March, 1813, the 



412 



HISTORY 01 THE UNITED STATES. 



IV". K II., c. U 



Russian Minister at Washington, Mr. 
Daschcoff, communicated to the Presi- 
dent of the United States an offer from 
the Kmperor Alexander of hi- mediation 
between the United States and Great 
Britain, with a view to bring about peace 
between them. Mr. Madison promptly 
and formally accepted the Russian medi- 
ation, and appointed Mr. Gallatin, John 
Quincy Adams, and James A. Bayard, 
commissioners to negotiate a treaty of 
peace with Great Britain, under the 
auspices of the tendered mediation. 
Messrs. Gallatin and Bayard soon set out 
on the mission to join Mr. Adams at St. 
Petersburg, where he was then resident 
Minister of the United States. The 
British government declined the media- 
tion, and nothing came of this commis- 
sion. 

The first session of the Thirteenth 
Congress met on the 24th of May, 1813. 
The principal business of this Congress 
was to provide means to carry on the 
war and sustain the public credit. 
Direct taxes and excises were again re- 




RE BAINDRIDGE 

sorted to. The expenditures of the war 
had greatly exceeded the estimates. 
New loans had to be made and provided 
for. The public finances were in a state 
of much embarrassment; treasury notes 
issued according to act of Congress 



were at a great discount; the loans au- 
thorized by the government were paid 
in depreciated currency; all the banks 
in the Union had suspended specie pay- 
ments, except some in the New England 
Stat' . • per arms and clothing for 




COMMODORE PERRY 

the militia when called into the field 
were both wanting. Already the war 
spirit was beginning to abate in several 
quarters, especially in New England. 

Still the invasion of Canada was the 
leading object of the administration. 
The campaign planned for this purpose 
in [813 was similar to that of 18 1 2. 
The operations extended along the 
whole northern frontier of the United 
States. The army of the west, under 
General Harrison, was stationed at the 
head of Lake Erie; that of the east end 
of the line, under the command of Gen- 
eral Hampton, on the shore of Lake 
Champlain; while that of the centre, 
under Dearborn, the commander-in- 
chief, was placed between the Lakes 
Ontario and Erie. The result of this 
campaign, in view of its main object, the 
conquest of Canada, was very little more 



THE ADMINISTRATION OF MADISON. 



413 



successful than that of the year before. 
There were many movements and coun- 
ter-movements of forces, advances, re- 
treats, and sieges, with some pitched 
battles, in which great valor was dis- 
played, but no one of them was attended 
with any decisive results. 

The most noted events of this cam- 
paign may be thus briefly stated: First. 
The slaughter of the United States pris- 
oners at Frenchtown, in Canada, on the 
22d of January, 18 1 3. Colonel Proctor, 
the British officer to whom General 
Winchester had surrendered a force of 
several hundred men, in violation of his 



by Proctor in the same month, and its 
like gallant defence by Major Croghan. 
Fifth. The battle of Sackett's Harbor, on 
the 29th of May, in which the British 
General Prevost was signally repulsed. 
Sixth. The capture, on the same day, of 
the British Fort George by the United 
States troops. Seventh. The battle of 
Lake Erie, fought on the 10th of Sep- 
tember. This was a naval engagement, 
planned and executed by Commodore 
Perry. Its results stand briefly chroni- 
cled in his report of it to General Har- 
rison in these words: "We have met the 
enemy; and they are ours! — two ships, 




DEATH nr GENERAL V 



pledge, turned the prisoners over to the I two brigs, one schooner, and one sloop.'" 



vengeance of the Indians ; or at least 

did not restrain his allies, the savages, 

in their most atrocious acts of barbarity 

upon their unarmed victims. Second. 

The battle of York, or Toronto, in Upper 

Canada, on the 27th of April, in which 

the young and gallant United States 

officer, General Zebulon M. Pike, was i after this, General Harrison resigned his 

killed. He expired in the hour of vie- | commission and retired from the service. 

tory. Third. The siege of Fort Meigs General Dearborn had previously re- 

by Proctor, and its successful defence by signed, when the chief command had 

Harrison, in the month of May. Fourth, been conferred upon General James 

The subsequent siege of Fort Sandusky Wilkinson. 



Eighth. The battle of the Thames, as it 
is called, fought by Harrison on the 5th 
of October, and in which he gained a 
complete victory. It was in this battle 
that the famous Indian warrior Tecum- 
seh was killed by the hands of Colonel 
R. M. Johnson, of Kentucky. Soon 



4 i4 



HISTORY Of- IJIh CXITED SI 



11., « n 



Meanwhile the Creek Indians in Geor- 
gia and Alabama had taken up arms. 
On the 30th of August they had sur- 
prised Fort Minis on the Chattahoochee 
river, and massacred nearly three hun- 
dred persons, men, women and children. 
The militia of Georgia and Tennessee 
were called out. Those of Georgia were 
under the command of General John 
Floyd ; the whole were under the direc- 
tion of Andrew Jackson, of Tennessee, 
with the commission of Major-Gcneral. 
Floyd had two engagements with the 
enemy; one at Callabee, the other at 
Autossee. Both were successful. The 
Indian town of Autossee was burned by 
him on the 29th of November. A de- 
tachment of the Tennessee forces, under 
General Coffee, had an engagement at 
Tallusahatchee on the 3d of November, 
in which two hundred Indians were 
killed. Mis success was complete. On 
the 8th of November the battle of Talla- 
dega was fought under the immediate 
direction of Jackson himself. This was 
another complete victory. Soon after, 
another fight was had at Emuckfau, with 
like result. The Indians rallied again, 
and made their last stand at a place 
known as "The Horseshoe Bend," or, as 
they called it, " Tohopeka," on the Talla- 
poosa river. Here they were completely 
crushed by Jackson in his great victory 
of the 27th of March following. A 
treaty of peace with them was soon after 
made. The speech of their chief warn. >r 
m\(\ prophet, Witherford, on the occasion 
of his surrender to General Jackson, and 
as reported by him at the time, deserves 
perpetuation. 

" I am," said he, " in your power. Do 
with me as you please. I am a soldier. 
I have dori£ the white people all the harm 
I could. I have fought them, and fought 
them bravely. If I had an army, I 



would yet fight, and contend to the last. 
But I have none. My people arc all 
gone. I can now do no more than weep 
over the misfortunes of my nation. Once 
I could animate my warriors to battle; 
but I cannot animate the dead. My 
warriors can no longer hear my voice. 
Their bones are at Talladega, Tallusahat- 
chee, Emuckfau, and Tohopeka. I have 
not surrendered myself thoughtlessly. 
Whilst there were chances for success, I 
never left my post, nor supplicated peace. 
Hut my people are gone; and I now ask 
it for my nation and for myself." 

The operations on the sea in 1813 con- 
tinued, upon the whole, to add lustre to 
the infant navy of the United States. 
The most noted of these, the successful 
as well as the adverse, were as fol- 
lows: 

First. Captain Lawrence, of the United 
States sloop-of-war Hornet, on the 24th 
of February, met and captured the British 
brig Peacock, in a conflict that lasted 
only fifteen minutes. The Peacock, in 
striking her colors, displayed, at the same 
time, a signal of distress. Captain Law- 
rence made the greatest exertions to save 
her crew, but she went down before all 
of them could be gotten off, carrying 
with her three brave and generous United 
States seamen, who were extending their 
aid. 

Second. On the 1st of June, the British 
frigate Shannon captured the United 
States frigate ( Iicsapcakc. The Chesa- 
peake at this time was in the command 
of Lawrence. Kvery officer on board 
of her was either killed or wounded. 
Lawrence, as he was carried below, wel- 
tering in blood, and just before expiring, 
issued his last heroic order — "Don't give 
up the ship /" But the fortunes of battle 
decided other" "se.* 

*The dying words of the gallant Lawrence have 




(415) 



4i6 



HISTORY OF THE UXITF.D STATES. 



Third. The British met another like 
success on the 14th of August, in the 
capture of the United States brig Argus 
by the Pelican. The Argus had carried 
Mr. Crawford, United States Minister, to 
France, in the month of May; after 
which she made a brilliant cruise, captur- 
ing more than twenty of the enemy's 
ships, when she was in turn captured, as 
stated. Her colors, however, were not 
struck in her last engagement, until 
Captain Allen, in command, had fallen 
mortally wounded. 

Fourth. In September the United 
States brig Enterprise met the British 
brig Boxer, on the coast of Maine, and 
after an engagement of forty minutes 
the Boxer surrendered. The command- 
ers of both vessels fell in the action, and 
were buried beside each other in Port- 
land, with military honors. 

Fifth. During the summer Commo- 
dore Porter, of the frigate Essex, after 
making many captures of British mer- 
chantmen in the Atlantic, visited the 
Pacific ocean, where he was no less sig- 
nally successful. 

Sixth. During the 'same summer, 
British fleets entered 'he waters of the 
1 )elaware and Chesapeake bays, under 
the command of Admiral George Cock- 
burn. All small merchant ships within 
their reach were destroyed, and much 
damage done to many of the towns on 
the coast. Frenchtown, Georgetown, 
1 1 avre de Grace, and 1'redericktown were 



been commemorated appropriately in the following 
beautiful stanza : 

" ( >h ! let these words your motto be, 
Whatever ills befall ; 
Though foes beset and pleasures flee, 

And passion's wiles enthrall, 
Though danger spread her ready snare, 

Your erring steps to trip, 
Remember that dead hero's prayer, 
And ' Don't give up the Ship ! ' " 



burned. An attack was made upon Nor- 
folk, which was repulsed with heavy loss. 
After committing many barbarities at 
I lampton, Cockburn, with his command, 
sailed south. All the ports north, to the 
limits of the New England coast, were 
kept in close blockade. 

During the session of the Congress, 
which convened in December, 181 3,a com- 
munication was received from the British 
government, of the purport that, although 
they had declined to treat under the me- 
diation of Russia, yet they were willing 
to enter into direct negotiations either in 
London or Gottenburg. The offer was 
immediate!)' acceded to, and the latter 
place appointed for the meeting. Henry 
Clay and Jonathan Russell were added 
to the Commissioners who had already 
been sent to Europe. The place of meet- 
ing was afterwards changed from Gotten- 
burg to Ghent. The country at this time 
was feeling sorely the ills of war every- 
where. New loans had to be made ; in- 
creased taxes had to be levied; more 
troops had to be raised. The conquest 
of Canada was still the chief object of 
the administration. 

The plan of the campaign of 18 14 
was projected by General Armstrong, 
the Secretary of War. The Department 
of War was temporarily removed to the 
frontier, and established at the head- 
quarters of the armj' on the Canada line. 
The operations in this quarter during 
this year, as those of 18 1 3, were attended 
with man)' marches and counter-marches, 
and much gallant fighting on both sides; 
but withi nit any decisive results on either. 
The most noted events connected with 
them may be thus summed up : 

First The advance of Wilkinson into 
Canada commenced in March, and 
ended with the affair at La Cole Mill, 
on the 31st of that month, in which he 



THE ADMINISTRATION OF MADISON. 



417 



was defeated with heavy loss. Soon 
after this he was superseded, and the 
chief command given to General Izard. 

Second. The battle of Chippewa, which 
was fought on the 5th of July by General 
Brown, and in which the United States 
forces won the day. 

Third. The battle of Bridgewater, or 
Lundy's Lane, which was fought on the 
25th of July. It was here that Colonel 
Winfield Scott, in command of a brigade, 
so signally distinguished himself. Two 
horses were shot under him and he 
himself was severely wounded, but was 
more than compensated by the victory 
achieved. Congress voted him a gold 
medal, and he was soon promoted to a 
major-generalship. 

Fourth. The battle of Fort Erie, fought 
on the 15th of August, in which the 
British General Drummond was repulsed 
with great loss. 

Fifth. The battle of Plattsburg, which 
was fought on the 11th of October. 
This was a joint land and naval action. 
General Macomb commanded the United 
States land forces at this place; General 
Prevost commanded those of the British. 
The United States naval forces were com- 
manded by Commodore MacDonough; 
the British fleet was commanded by Com- 
modore Downie. The assault was com- 
menced by Prevost with his land forces. 
As CommodoreDownie moved up to assist 
with his fleet, he was met and engaged 
by MacDonough with his small flotilla. 
The chief interest of both armies was 
now diverted from the action on land to 
that on water, while the conflict between 
the fleet and flotilla lasted. It continued 
for upwards of two hours, and was fierce 
as well as bloody. It ended in the sur- 
render of the British fleet to Commodore 
MacDonough. Commodore Downie was 
killed in the fight, and when his flag- 
27 



ship struck her colors, the results of the 
day were decided, on land as well as on 
the water. Prevost immediately re- 
treated. This victory ended all active 
operations in that quarter. 

Meantime, during the summer of 18 14, 
a fleet of fifty or sixty vessels arrived in 
the Chesapeake bay under Admirals 
Cockburn and Cochrane, bringing a 
large land force under General Ross. 
The design was the capture of the city 
of Washington. Ross landed five thou- 
sand men on the 19th of August, at the 




COMMODORE MACDONOUGH. 

head of the Patuxent, and commenced 
his march overland. There were at the 
time no forces for defence near the 
capital. The raw militia were hastily 
collected and put under General Winder, 
who met the enemy at Bladensburg. 
The President and cabinet left the city. 
Winder with his militia was barely able 
to retard the advance of Ross. He en- 
tered Washington the 24th of August, 
and burned most of the public buildings, 
including the President's house and the 
capitol. The troops then returned to 



4i8 



HISTORY OT THE UNITED STATES. 



Book II., c. 14 



their shipping, and proceeded up the 
Chesapeake. Landing at North Point, 
they advanced on Baltimore. This place 
was defended by General Striker, with a 
force consisting mostly of raw militia 
and volunteers. In an action which 
took place on the I2th of September, 
Ross was killed, and 'his forces retired. 
After an unsuccessful attack of the Brit- 
ish fleet under Cockburn, upon Fort 
Mcllenrv, which commanded the en- 
trance to the city, the whole army re- 
embarked and left the bay. 

During this bombardment of Fort 



The New England States suffered 
much in the same way during the summer. 
Stonington was bombarded, and attempts 
were made to land an invading force at 
several places, which were repulsed by 
the militia. 

The operations of the respective navies 
on the ocean during the year 1814 re- 
sulted about as they did in 181 3. The 
United States lost two war-ships and 
captured five of like character, besides 
many British merchantmen. 

Mr. Gerry, the Vice-President, died 
suddenly in Washington on the 23d of 




MACDuNOUOll's VICTORY ON LAKE CHAMPLAIN. 



McHenry by Cockburn, which lasted a 
night and whole day, Francis Key, of 
Baltimore, then detained on board one 
of the British vessels, whither he had 
gone on some public mission, as he 
gazed most anxiously upon the flag of his 
country, Still floating triumphantly on 
the ramparts in the midst of the heavy 
cannonading, composed his soul-stirring 
song, in which occur the famous lines : 

"The Star-spangled banner! oh, long may it wave 
O'er the land of the free and the home of the 
brave ! " 



November of this year. John Gail- 
lard, of South Carolina, succeeded him 
as President of the Senate pro tem- 
pore. 

While these events were occurring on 
land and water, during the summer of 
1 8 14, the hostility in the New England 
States to the Federal administration had 
ripened into a determination to take de- 
cisive steps for the maintenance of their 
own rights in their own way. A ma- 
jority of the people of these States were 
strongly opposed to the conquest of 



THE ADMINISTRATION OF MADISON. 



4I9 



Canada. Massachusetts and Connecti- 
cut, throwing themselves upon their re- 
served rights under the Constitution, 
refused to allow their militia to be sent 
out of their States, in what they deemed 
a war of aggression against others, espe- 
cially when they were needed for their 
own defence in repelling an invasion. 
For this course they were very severely 
censured by most of their sister States, 
and the more so from the fact that the 
war had been entered upon for the joint 
maintenance of the rights of their sea- 
men and commerce. Moreover, it was 
insisted upon by the friends of the 
administration, that the mode of warfare 
adopted was the surest for the attain- 
ment of the objects aimed at. But what 
increased the opposition of the New 
England States at this time was the 
refusal of the administration to pay the 
expenses of their militia, called out by 
the governors of their respective States 
for their own local defence. This refusal 
was based upon the ground that these 
States had refused to send their militia 
out of their limits upon a Federal call. 
To this may be added the new scheme 
of the administration for forcing the 
militia of the respective States outside 
of their limits, not by a call on the gov- 
ernors of the States for them, but by a 
general act of Federal conscription, 
which was considered by many able 
statesmen and jurists as clearly uncon- 
stitutional. 

It was in this condition of things that 
the Legislature of Massachusetts invited 
the neighboring States to meet in con- 
vention for mutual consultation. Ac- 
cordingly, a convention of delegates 
from Massachusetts, Rhode Island, New 
Hampshire, Vermont, and Connecticut, 
met at Hartford, in the latter State, on 
the 15th day of December, 18 14. The 



deliberations of this famous body were 
within closed doors. What the real 
ultimate designs of the leading members 
of it were, have never been fully dis- 
closed. Some mystery has ever hung 
over it. But the resolutions adopted by- 
it, and the public address put forth by 
it at the time, very clearly indicate that 
the purpose was, either to effect a change 
of policy on the part of the Federal ad- 
ministration in the conduct of the war, 
or for these States, in the exercise of 
their sovereign rights, to provide for 
their own well-being, as they thought 
best, by withdrawing from the Union. 
The only positive results of the conven- 
tion were, the appointment of a deputa- 
tion of the body to wait upon the Fed- 
eral authorities at Washington, to whom 
in person their views were to be pre- 
sented, and the call of another conven- 
tion, to which this deputation was to 
report, before any further decisive action 
should be taken. 

In the meantime, it became known 
that a large British force — of at least 
twelve thousand men — had been landed 
at or near the mouth of the Mississippi 
river, under Sir Edward Pakenham. The 
country everywhere was in the greatest 
alarm for the safety of New Orleans. 
The command of this department was 
now in charge of General Jackson, with 
such forces as he could collect, consist- 
ing mostly of volunteers and militia, 
amounting in all to not more than half 
the numbers of the approaching foe. 
He went vigorously to work to repel this 
most formidable invasion. With such 
means of resistance as the genius of a 
" born general " only can improvise, he 
was soon in an attitude of defence. The 
result was the ever memorable charge 
of the British and their bloody repulse 
by Jackson on the 8th of January, 181 5. 



THE ADMINISTRATION OF MADISON. 



421 



This was the most brilliant victory 
achieved by the arms of the United 
States during the war. Two thousand 
British soldiers, led in a charge on Jack- 
son's breastworks, were left dead or 
wounded upon the field. Pakenham 
himself was killed. Major-Generals 
Gibbs and Keane, the two officers 
next in command, were both wounded, 
the former mortally; while Jackson's 
loss was only seven killed and six 
wounded. 

Upon the heels of the news of this 
splendid achievement, which electrified 
the country with joy, came the still more 
gratifying intelligence of a treaty of 
peace, which the commissioners had ef- 
fected at Ghent on the 24th of December, 
1 8 14, fifteen days before this great battle 
was fought. All discontents ceased, and 
in the general joy at this close of the 
bloody scenes of two years and over, it 
seemed to be entirely forgotten or over- 
looked that not one word was said in the 
treaty about the right of search or im- 
pressment by Great Britain, which was 
the main point in issue at the commence- 
ment of the war. 

The treaty of peace with England was 
promptly ratified, and all necessary steps 
for a disbandment of the army were 
immediately taken by Congress. But 
further work was in store for the navy. 
The Dey of Algiers — in violation of the 
treaty of 1795 — had recently been com- 
mitting outrages upon American com- 
merce within his waters. Another war 
against him was soon afterwards de- 
clared. The gallant Decatur was sent 
with a fleet to the Mediterranean for the 
chastisement of this piratical power. He 
in a short time captured two Algerine 
ships and brought the Dey to terms. A 
treaty of peace was made on the 30th 
of June, by which the United States ob- 



tained, not only security for the future, 
but indemnity for the past. 

William H. Crawford, on his return 
from Paris, where he had been resident 
United States Minister for some time, 
was appointed Secretary of War, 1st of 
August, 1 81 5. 

The charter of the first bank of the 
United States having expired in 181 1, 
and an act for its renewal having failed 
to pass, several attempts afterwards were 
made to obtain a charter for a similar 
institution, which likewise failed. A bill 
for this purpose, which had passed both 
Houses of Congress, was vetoed by Mr. 
Madison, in January, 18 14. But on the 
loth of April, 18 16, another bill, of like 
character, received his approval, by which 
a new bank of the United States was in- 
corporated for twenty years, with a capital 
of thirty-five million dollars. 

On the 19th of April, 18 16, an act 
was passed for the admission of Indiana 
into the Union as a State. 




COAT OF ARMS OF INDIANA. 

During the fall of 18 16 another Presi- 
dential election took place. There was 
at this time considerable division among 
the Republicans as to who the suc- 
cessor should be. Mr. Madison had 
positively declined standing for re-elec- 
tion. The choice of candidates finally 
made by the Democratic members of 
Congress in caucus was : Mr. Monroe, 
for President ; and Governor Daniel D. 
Tompkins, of New York, for Vice-Presi- 
dent. The Federal party, still so called, 
nominated Rufus King, of New York, 



422 



HISTORY OF THE UNITED STATES. 



Book II., c. 15 



for President ; and John Eager Howard, 
of Maryland, for Vice-President. The 
result of the vote of the Electoral Col- 
leges was 183 for Mr. Monroe, and 34 
for Mr. King; 183 for Governor Tomp- 
kins and 22 for Mr. Howard. The vote 
by States between the Democratic and 
Federal tickets at this election stood : 
16 for the Democratic, and 3 for the 
Federal. The sixteen States that voted 
for Mr. Monroe and Mr. Tompkins were : 
New Hampshire, Rhode Island, Vermont, 
New York, New Jersey, Pennsylvania, 
Maryland.Virginia, North Carolina, South 
Carolina, Georgia, Kentucky, Tennessee, 
Ohio, Louisiana, and Indiana. The 
three that voted for Mr. King were: Mas- 
sachusetts, Connecticut, and Delaware. 

After the 4th of March, 18 17, Mr. 
Madison retired from office, leaving the 
country at peace with the world, and 
rapidly recovering from the injurious 
effects of the late war. He returned to 
his home at Montpclier, Virginia, where 
he enjoyed the society of his friends and 
the general esteem of his countrymen. 
The most distinguishing feature of his 
administration was the war with Great 
Britain. Whatever may be thought of 
the wisdom or policy of thaj war, or of 
its general conduct, the result unques- 
tionably added greatly to the public 
character of the United States in the 
estimation of foreign powers. The price 
at which this had been purchased was, in 
round numbers, about one hundred mil- 
lion dollars in public expenditures, and 
the loss of about thirty thousand men, 
including those who fell in battle as well 
as those who died of disease contracted 
in the service. Of the amount of private 
or individual losses no approximate 
estimate can be made ; and though in 
the treaty of peace nothing was said 
about the main cause for which the war 



was prosecuted, yet Great Britain after 
wards refrained from giving any offence 
in the practical assertion of her theor- 
etic right of search and impressment. 
Whether the same ends could have been 
attained by any other course which 
would not have involved a like sacrifice 
of treasure and blood, is a problem that 
can never be satisfactorily solved by 
human speculation. 

CHAPTER XV. 

ADMINISTRATION OF MONROE FIRST AND 

SECOND TERMS. 
(4th March, 1817 — 4th March, 1S25.) 

His Cabinet — The "era of good feeling" — Internal 
tax abolished — Pension act passed — Admission of 
Mississippi — Seminole War — General Jackson in 
Florida — Ambrister and Arbuthnot tried and ex- 
ecuted by court martial — Jackson's course approved 
— Illinois admitted into the Union — Alabama ad- 
mitted into the Union — Maine admitted into the 
Union — The Missouri Compromise — Missouri ad- 
mitted into the Union — Treaty with Spain, by 
which East and West Florida were ceded to the 
United States and all claims of Spain on the 
Pacific coast north of 42 north latitude — Organi- 
zation of the Seventeenth Congress — Split in the 
Republican party — Protective" tariff and internal 
improvements by the general government — Mr. 
Clay the author of the "American System " — The 
President's able paper on internal improvements — 
Independence of Mexico and five South American 
States acknowledged and recognized — The Monroe 
doctrine announced — Visit of Lafayette — Honors 
paid him — Presidential election of 1824 — The 
candidates, and result of the vote by the Colleges 
— No one chosen President — The election decided 
by the States in the House — John Quincy Adams 
chosen President — John C. Calhoun elected Vice- 
President l»y the Colleges. 

AMES MONROE, of Virginia, 
fifth President of the United 
States, was inaugurated on the 
4th of March, 1817, in the 59th 
year of his age. His inaugural 

address gave general satisfaction to all 

parties. 




THE ADM1XISTRATION OF MOXROE. 



423 



The oath of office was administered 
by Chief-Justice Marshall. His cabinet 
were John Quincy Adams, of Massachu- 
setts, Secretary of State; William H. 
Crawford, of Georgia, Secretary of the 
Treasury; John C. Calhoun, of South 
Carolina, Secretary of War; William 



the appointment. These were all men 
of distinguished ability, and thoroughly 
identified with the Jeffersonian Republi- 
can or Democratic party at the time. 

The first session of the Fifteenth Con- 
gress began on the 1st of December, 
1 8 17. The recommendation of the Presi- 




PRESIDENT MONROE. 



Wirt, of Virginia, Attorney-General. 
Benjamin W. Crowninshield, of Massa- 
chusetts, who was in the office during 
the latter part of Mr. Madison's admin- 
istration, was continued Secretary of the 
Navy, until November 30th, 18 18, when 
Smith Thompson, of New York, received 



dent met with cordial approval. The 
internal taxes which had been imposed 
during the war were abolished. A 
Pension Act was passed, which gave 
great satisfaction to the country at large, 
and relief to not less than thirteen thou- 
sand soldiers who had served in the war 



4-4 



HISTORY OF THE UNITED STATES. 



Cook II., c. 15 



of the Revolution, and the late war with 
Great Britain. 

On the ioth day of December, i8i7,a 
joint resolution was approved by the 
President for the admission of Mississippi 
as a State into the Union. This was the 




COAT OF ARMS OK MISSISSIPPI. 

dawn of a period known in the history 
of the United States as " the era of good 
feeling." Old party lines were nearly 
extinct. The peaceful political revolu- 
tion of 1800 was complete. 

War having; broken out with the 
Seminole Indians in 1 8 1 8, General Jack- 
son was ordered to take the field and to 
call upon the governors of the adjoining 
States for as many troops of the militia 
as he might think necessary to subdue 
them. He soon raised a force of a thou- 
sand men, with whom he marched into 
the Indian country. Believing that the 
hostile Indians fled to the Spanish com- 
mandants for protection, that they were 
encouraged by them, and that the safety 
of the inhabitants of that part of the 
United States required aggressive and 
decisive proceedings, he invaded the 
province of Florida ; seized the post of 
St. Mark's, and sent the Spanish authori- 
ties and troops to Pensacola. At St. 
Mark's he found two English traders 
named Ambrister and Arbuthnot; and 
believing they were supplying the In- 
dians with arms and ammunition, and 
inciting them to hostilities against the 
citizens of the United States, he had 
them arrested and tried by court-martial. 
They were found guilty and executed. 



The Governor of Pensacola continuing 
to give shelter and assistance to the 
Indians, Jackson took possession of that 
place on the 14th of May. The gov- 
ernor escaped and fled to Barancas. 
Jackson took possession of that place on 
the 27th, and sent the governor and 
troops to Havana. His conduct in this 
matter was made a subject of inquiry 
in both Houses of Congress; but upon 
investigation his course was approved 
by a large majority in each. 

Don Onis, the Spanish minister resi- 
dent in Washington, protested against his 
arbitrary proceedings; but as negotia- 
tions were then pending for the cession 
of Florida to the United States, the 
matter was not pressed. The people of 
Illinois were admitted as a separate 
State into the Union by joint resolution 
of Congress, approved by the President 
on the 3d of December, 1818. An event 




COAT OF ARMS OF ILLINOIS. 

occurred in the year 18 19 which de- 
serves to be noted, not only in the his- 
tory of the United States, but in the 
annals of the world. It was the passage 
of the first steamship across the Atlantic 
ocean. This exploit, so wonderful at 
the time, was performed by the steamer 
Savannah, projected and owned in 
Savannah, Georgia, though built in the 
city of New York. She left the port of 
Savannah in May, 1819, for Liverpool; 
and after making a successful voyage to 
that place proceeded with equal success 
to St. Petersburg. She was the object 
of great curiosity wherever she went. 



THE ADMINISTRATION OF MONROE. 



425 



On the 14th of December, 18 19, the 
people of Alabama were admitted as a 
separate State into the Union. The 
most important and distinguishing meas- 
ure of Mr. Monroe's administration up 
to this time was what has been called 
the "Missouri Compromise of 1820." 

The people of Maine were admitted 
as a separate State into the Union, on 




COAT OF ARMS OF ALABAMA. 

the 15th of March, 1820, under the pro- 
vision of that act; but Missouri was not. 
The true history of this measure, so little 
understood and so greatly misrepre- 
sented, will here be fully and accurately 
set forth. In 18 18, at the second session 
of the Fifteenth Congress,* an application 
was made by the people of the Territory 
of Missouri to be admitted into the 




COAT OF ARMS OF MAINE. 

Union as a State. The Territory of Mis- 
souri, as is well known, was embraced 
in the Louisiana cession by France in 
1803. In article III. of the treaty by 
which that whole acquisition was made 
it was stipulated, in behalf of the in- 
habitants then residing within its limits, 
that "the inhabitants of the ceded terri- 
tory shall be incorporated in the Union 

*Annals of Congress, 15th Congress, 2d session, 
p. 418. 



of the United States, and admitted as 
soon as possible according to the princi- 
ples of the Federal Constitution to the 
enjoyment of all the rights, advantages, 
and immunities of citizens of the United 
States; and, in the meantime, they shall 
be maintained and protected in the free 
enjoyment of their liberty, property, and 
the religion which they profess." * 
Negro slaves were then held in this ter- 
ritory, and were embraced in the treaty 
as other property. Now in pursuance 
of this stipulation, as well as in pursu- 
ance of the general principles and au- 
thority of the Constitution of the United 
States, the application of the people of 
Missouri for admission into the Union 
as a State was made in the usual way in 
18 18, as has been stated. The bill for 
this purpose came up for action in the 
House of Representatives on the 13th 
day of February, 18 19. To that bill 
Mr. Tallmadge, of New York, moved 
an amendment in these words: 

"And provided that the further intro- 
duction of slavery, or involuntary servi- 
tude, be prohibited, except for the pun- 
ishment of crimes, whereof the party 
shall have been fully convicted; and that 
all children born within the said State 
after the admission thereof into the 
Union shall be free at the age of twenty- 
five years." f 

This amendment presented an issue 
not, as has been so often asserted, be- 
tween the advocates and opponents of 
slavery as it then existed in the States, 
but an issue between the advocates and 
opponents of the principles lying at the 
foundation of the Federal system. It 
presented the question of the power of 
the Federal government, as well as the 



* United States Statutes at Large, vol. viii., p. 202. 
f Annals of Congress, 15th Congress, 2d session, 
p. 1 170. 



42G 



HISTORY OF THE UNITED STATES. 



Book II., c. 15 



question of the power of Congress to 
violate a treaty stipulation. The debate 
and votes upon it show that the mem- 
bers of the House, North and South, 
took their position upon it in this view 
of the subject, just as they did upon the 
subject of slavery in 1790, as heretofore 
stated.* 

The vote in committee on agreeing 
to it were 79 for and 67 against it.f 
On the report of the committee in the 
House, the question was divided. On 
the first branch the vote by "ayes," and 
"noes," were 87 for, and 76 against it.J 
On the second branch the vote was 82 
for it and 78 against it. 

Mr. Storrs, of New York, who was 
opposed to the restriction, but no advo- 
cate of slavery, then moved to amend 
the bill by striking out so much as says: 
" that the new State shall be admitted 
on an equal footing with the original 
States ; for the very clear reason that if 
the bill should pass and the State be 
admitted under the restriction, she would 
not be a State in the Union on an 
'equal footing' with the original States." 
This motion, however, did not prevail, 
and the bill passed the House with this 
restriction. 

When it went to the Senate, the first 
branch of the restriction was stricken 
out by a vote of 22 to strike it out 
against 16 to retain it; and on the 
second branch of the restriction the vote 
to strike it out was 31, while only 7 
voted to retain it. § 

The House adhered to the restriction, 
and the Senate would not recede from 
their action upon it; so Missouri failed 
to be admitted at that session of Con- 
gress. 

*See Ante, chapter x. 

fAnnals of Congress, 15th Cong., 2d sess.,p. 1 193. 

J Ibid., ]>. 1214. I Ibid., p. 273. 



The application was renewed on the 
9th December, 18 19, on the opening of 
the first session of the Sixteenth Congress. 
A bill in the usual form for the admis- 
sion of the State of Missouri on an equal 
footing with the original States was 
again reported.* To this bill the same 
restriction in effect, though not in the 
same words, was renewed by Mr. Taylor, 
of New York.f This gave rise to a 
renewal of the conflict of the session 
before, with increased spirit and vigor. 
Never had a discussion so thoroughly 
shaken the very foundation of the gov- 
ernment from its beginning as this did. 
The conflict, fierce and angry as it was, 
was a conflict, however, between parties 
taking different views as to the legiti- 
mate power of the Federal government 
over the subject-matter of debate. 

It may be premised here, that the 
whole country had considered the sub- 
ject of the power of Congress over 
slavery as settled by the resolution that 
was passed by the First Congress, which 
has been before mentioned. 

In the meantime, for nearly thirty 
years several territorial governments had 
been instituted, and several new States in 
which slavery existed had been admitted 
without any question on this subject hav- 
ing been raised, to wit: Tennessee in the 
administration of Washington, in 1790, 
the Territory of Mississippi in the admin- 
istration of Adams, in 1798; Louisiana 
and Orleans Territory, in the administra- 
tion of Jefferson, as heretofore noted, and 
also territorial governments for Missouri 
and Alabama, in the administration of 
Madison ; and the States of Tennessee, 
Kentucky, Louisiana, Alabama and Mis- 
sissippi, all of which had been admitted 
in the usual form, notwithstanding the 

*Annals of Congress, 16th Congress, p. 711. 
f Ibid., p. 1558. 



THE ADMINISTRATION OF MONROE. 



427 



existence of slavery therein, without any 
objections on that ground. Hence it 
was now looked upon mainly as a 
political movement, as the debates show. 
An extract of the speech of Mr. Holmes, 
of Massachusetts, will first be presented. 
He said : 

" Mr. Chairman : When a man has fallen 
into distress, his neighbors surround 
him to offer relief; some, by an attempt 
at condolence, increase the grief which 
they would assuage. Others, by admin- 
istering remedies, inflame the disorder ; 
while others, in affecting all the solici- 
tude of both, actually wish him dead. 

" It is so with liberty. Always in 
danger — often in distress — she not only 
suffers from open and secret foes, but 
officious and unskillful friends. And 
among the thousands and millions that 
throng her temples from curiosity, pas- 
sion or policy, how few, very few, 
there are, who are her sincere, faithful, 
and intelligent worshippers ! 

"Among those few I trust are to be 
found all the advocates for restriction in 
this House ; and I readily admit that 
most of those out of doors, whose zeal 
is excited on this occasion, are of the 
same description. But is it not probable 
that there are some jugglers behind the 
screen who are playing a deeper game — 
who are combining to rally under this 
standard as the last resort, the forlorn 
hope of an expiring party ? 

" But while we admit this in behalf of 
respectable gentlemen who advocate the 
restriction of slavery in Missouri, we ask, 
nay, we demand of them the same liber- 
ality. We are not the advocates or the 
abettors of slavery. For one, sir, I would 
rejoice if there was not a slave on earth. 
Liberty is the object of my love — my 
adoration. I would extend its blessings 
to every human being. But though my 



feelings are strong for the abolition of 
slavery, they are yet stronger for the 
Constitution of my country ; and if I am 
reduced to the sad alternative to tolerate 
the holding of slaves in Missouri, or 
violate the Constitution of my country, 
I will not permit the doubt to cloud my 
choice. Sir, of what benefit would be 
abolition, if at the sacrifice of your Con- 
stitution ? Where would be the guar- 
antee of the liberty which you grant? 
Liberty has a temple here, and it is the 
only one which remains. Destroy this 
and she must flee — she must retire 
among the brutes of the wilderness — to 
mourn and lament the misery and folly 
of man. 

" Let us then proceed, with that can- 
dor and caution which the subject de- 
mands, to examine the nature of this 
power, and ascertain whether it is given 
in the Constitution of the United States. 

" The extraordinary doctrines which 
have been advanced on this subject in 
and out of doors, render it necessary to 
be exceedingly particular, and care- 
fully to examine the ground as we ad- 
vance. An American politician would 
scarcely have deemed it necessary to 
prove, at this day, that to regulate the 
relation between the different members 
of a community is an attribute of sov- 
ereign power. That I may not be mis- 
taken, I will inform the committee what 
I intend by sovereign power, and the 
sense in which I propose to use it in this 
discussion. It is the power of making 
and executing laws, to regulate the con- 
duct and condition of men. It is more 
or less absolute, as it is limited and de- 
fined, or unlimited and undefined. In 
the origin of government, if we can con- 
ceive such a period, the rights vested in 
the sovereign by the community neces- 



423 



HISTORY OE THE UXITED STATES. 



Book II.. c. 15 



sarily included the power to determine 
the mutual dependence of the several 
members. The community had a right 
to control and establish it themselves, or 
delegate it to the sovereign. In either 
way they could establish a difference of 
dependence of one man upon another. 
The nearer equal this dependence, how- 
ever, the more perfect the government. 
Yet sovereign power can establish such 
a dependence as that of the slave on 
his master. * * * * * 

" Then did the revolution alter the 
relation ? We have been made to under- 
stand from very respectable authority 
that the Declaration of Independence 
proclaimed freedom to every slave in 
the United States. It seems then that 
all the slaves have been free in fact for 
more than forty years, and they do not 
know it, and we are gravely legislating 
to perform that which was most effec- 
tually performed in 1776. Why attempt 
to do what is already done ? Why 
create all this excitement if we have no 
slaves? Humanity might, perhaps, re- 
quire that we should pass a declaratory 
act to give notice to two millions of 
people that, by applying to the Supreme 
Court, they can be relieved from their 
thraldom. * * * * 

" Mr. Chairman : I should not have 
noticed this strange and ridiculous vision 
that the Declaration of Independence 
was a decree of universal emancipation, 
had it not issued from respectable sources 
and been seriously enforced upon the 
credulity of the public. 

"At the Revolution, rights of the 
crown rested in the States, and they suc- 
ceeded to all the sovereign power which 
until then belonged to the provinces and 
the mother country. There was no sus- 
pension or death of political power. 
Property was retained by the owner. 



Laws continued to have force, and sov- 
ereign power was transferred to the 
States and vested temporarily in their 
Legislatures until a more permanent 
government could be established, origi- 
nating from and effected by this tem- 
porary power. The doctrine that the 
revolution is not the origin but the per- 
fection of the State governments, and 
that the States are the successors as well 
of the crown as the colonies, has been so 
long and so well established that it is 
considered the foundation not only of 
political power, but of private right. 
This political power existing and having 
been exercised up to the Revolution, was 
not thereby extinguished. This also 
agrees with fact. Those States which 
were disposed to liberate their slaves did 
not consider it as already effected by the 
revolution, but found it necessary to do 
it by some constitutional or legislative 
act. Consequently this political or sov- 
ereign power existed after the Revolution, 
and, as there was no diminution of sov- 
ereign power from that time up to the 
adoption of the Federal Constitution, it 
existed up to that time. Did the Con- 
stitution of itself take it from the States? 
There is no such prohibition upon the 
States, either express or implied. More- 
oxer, the Constitution recognizes and 
confirms the right. The 3d section of 
the 4th article inhibits a State from pro- 
tecting or liberating fugitive slaves from 
other States, and compels it to deliver 
them up. The Constitution, so far from 
destroying, establishes this power in a 
State." * 

This is quite enough of this very able 
and truly patriotic speech to show its 
nature and the tenor and principles by 
which its author was governed. 

♦Annals of Congress, lOth Congress, 1st session, 
p. 9')6. 



THE ADMINISTRATION OF MONROE. 



429 



Mr. Baldwin, of Connecticut, afterwards 
one of the judges of the Supreme Court 
of the United States, and Mr. Meigs, of 
New York, men of great ability and 
distinction, took the same position as 
that taken by Mr. Holmes. 

Now some samples of Southern senti- 
ment in the same debate will be given. 

Mr. Read, of Georgia, said, in speaking 
of slavery : 

" I would hail that day as the most 
glorious in its dawning, which should 
behold with safety to themselves and our 
citizens, the black population of the 
United States placed upon the high emi- 
nence of equal rights, and clothed with 
the privileges and immunities of Amer- 
ican citizens. But this is a dream of 
philanthropy which can never be ful- 
filled, and whoever shall act in this 
country upon such wild theories shall 
cease to be a benefactor, and become a de- 
stroyer of the human family." * Mr. Read 
opposed restriction, but, as Mr. Holmes, 
mainly upon constitutional grounds, and 
not as a slavery propagandist. 

Mr. Philip P. Barbour, of Virginia, 
afterwards one of the judges of the Su- 
preme Court of the United States, said : 

"Are we now called on to decide as an 
abstract question whether slavery is, or 
is not, justifiable ? No, sir! That ques- 
tion had been long settled before the 
formation of our Constitution : slavery 
existed in many of the States at that 
period ; its existence and its continuance 
were recognized by that instrument. The 
States surrendered to the Federal gov- 
ernment no power over the subject, ex- 
cept after a given period, to prohibit the 
importation of slaves from abroad. I 
tell you, gentlemen, then, that this is 
neither the time nor occasion to discuss 

* Annals of Congress, 16th Congress, 1st session, 
P- 1025. 



the abstract justice or injustice of slavery. 
If we were called upon in our respective 
State Legislatures to decide upon its 
continuance or abolition ; or if we were 
now in convention for the purpose of 
forming anew the Federal Constitution — 
in either of these cases their arguments 
of that kind would have some applica- 
tion. But who are we, and what are our 
functions ? We are the creatures of the 
Constitution, not its creators. We are 
called here to execute, not to make one. 
Let gentlemen, then, remember that it 
is not sufficient for them to show that 
slavery cannot be justified in itself; that 
it is, if you please, a moral and political 
evil ; they will yet fail to maintain their 
ground unless they can also show that the 
Constitution gives us power over it." * 

Mr. Ballard Smith, of Virginia, used 
the following language : 

" By treaty we are bound to admit 
Missouri into the Union. * * * To 
guarantee to her a republican form of 
government (that is, a government by 
and for the people themselves, not a gov- 
ernment imposed on them, nor a patri- 
monial government) ; and to leave her 
all power not delegated by the Constitu- 
tion to the United States nor prohibited 
by it to the States. Treaties are, in part, 
the supreme law of the land, and para- 
mount to the Constitution of any State ; 
yet you propose to violate the treaty with 
France by the means of a State Consti- 
tution which is of inferior obligation to 
a treaty. * * Will you be unjust, 
false, perfidious, because you are pow- 
erful ? Would it be honorable to violate 
a treaty because those who claim the 
benefits of its provisions are our own 
citizens? * * By your Constitution 
a treaty is the supreme law of the land 

* Annals of Congress, 16th Congress, 1st session, 
p. 1217. 



450 



HISTORY OF THE UXITED STATES. 



Book II, c. 15 



and paramount to the Constitution which 
you propose to force Missouri to adopt. 
You may, indeed, repeal the treaty by an 
act of Congress, but the effect of a 
measure of that kind should be well 
considered, and you must repeal the 
treaty directly or by implication before 
the proposed measure can have the de- 
sired effect ; for the treaty, until it is re- 
pealed, is paramount to the imposed Con- 
stitution, and the judges would sustain 
it." * 




These samples and specimens of the 
character of the debate must suffice for 
the House. One specimen will now be 
presented from the Senate. This is an 
extract from the speech of the great Wil- 
liam Pinkney, of Maryland, who was 
well known in his day to be strongly 
against slavery. He said : 

" ' New States may be admitted by Con- 
gress into this Union.' It is objected 



* Auu.ils of Congress, i6lh Coi. n ress, 1st session,' 
p. 1006. 



that the word ' may' imports power, not 
obligation — a right to decide — a discre- 
tion to grant or refuse. 

" To this it might be answered that 
power is duty on many occasions, but let 
it be considered that it is discretionary. 
What consequence follows? A power to 
refuse in a case like this does not neces- 
sarily involve a power to exact terms. 
You must look to the result which is the 
declared object of the power. Whether 
you will arrive at it or not may depend 
on your will, but you cannot compromise 
with the result intended and professed. 
What, then, is the professed result? To 
admit a State into this Union. What is 
that Union ? A confederation of States 
equal in sovereignty, capable of every- 
thing which the Constitution docs not 
forbid, or authorize Congress to forbid. 
It is an equal union between parties 
equally sovereign. They were sov- 
ereign independently of the union. The 
object of the union was common protec- 
tion for the exercise of already existing 
sovereignty. * * By acceding to it 
the new State is placed on the same 
footing with the original States. It ac- 
cedes for the same purpose ; that is, 
protection for its unsurrendered sov- 
ereignty. 

" If it comes in shorn of its beams — 
crippled and disparaged beyond the orig- 
inal States — it is not into the original 
union that it comes, for it is a different 
sort of union. The first was union inter 
pares; this is a union between dispar- 
ates; between giants and a dwarf, be- 
tween power and feebleness, between 
full proportion of sovereignties and a 
miserable image of power — a thing 
which that very union has shrunk and 
shriveled from its just size instead of 
preserving it in its true dimensions. It 
is into ' this union,' that is the union of 



THE ADMINISTRATION OF MONROE. 



431 



the Federal Constitution, that you are 
to admit or refuse to admit. You can 
admit into no other. You cannot make 
the union as to the new State what it is 
not as to the old, for then it is not this 
union you open for the entrance of a 
new party." * 

So much for the samples of the 
speeches of leading members of the 
House and Senate who were opposed to 
the restriction, from which it appears that 
the opponents of the restriction had 
clearly the advantage. It is quite 
proper in this connection, and with a 
view of illustrating the prevailing idea 
of the anti-restrictionists and especially 
prominent men in the country at that 
day from the South, to present a letter 
written by Mr. Jefferson to Mr. Pink- 
ney, from whose speech an extract has 
just been given. Mr. Jefferson was 
known to be a very ardent advocate of 
emancipation. He did not believe, how- 
ever, that there was any power conferred 
upon Congress in the Constitution by 
which this great object could be accom- 
plished. He was for abolition to be ef- 
fected by separate State action. The fol- 
lowing is what he wrote to Mr. Pinkney : 

"The Missouri question is a mere 
party trick. The leaders of Federalism 
(he here uses Federalism in the sense in 
which it was used in 1798-99), defeated 
in their schemes of obtaining power by 
rallying partisans to the principles of 
monarchism, a principle of personal, not 
of local division, have changed their 
tact and thrown out another barrel to 
the whale. They are taking advantage 
of various feelings of the people to effect 
a division of parties by a geographical 
line; they expect that this will insure 
them on local principles the majority 



* Annals of Congress, 16th Congress, 1st session, 
P- 397- 



they could never obtain on principles of 
Federalism. But they are still putting 
their shoulder to the wrong wheel; they 
are wasting jeremiads on the miseries of 
slavery as if we were advocates for it."* 

It is proper in this connection to pre- 
sent also another letter written by Mr. 
Jefferson to Mr. Holmes, from whose 
speech an extract has been quoted. In 
this he says: 

"I thank you, dear sir, for the copy 
you have been so kind as to send me of 
the letter to your constituents on the 
Missouri question. It is a perfect justi- 
fication to them. I had for a long 
time ceased to read newspapers or pay 
any attention to public affairs, confident 
they were in good hands, and content 
to be a passenger in our bark to the 
shore from which I am not distant. But 
this momentous question, like a fire-bell 
in the night, awakened me and filled me 
with terror. I considered it at once as 
the knell of the Union. It is hushed, 
indeed, for the moment, but it is a re- 
prieve only, not a final sentence. The 
geographical line coinciding with a 
marked principle, moral and political 
evil once conceived and held up to the 
angry passions of men, will never be 
obliterated, and every new irritation will 
mark it deeper and deeper. I can say 
with conscious truth that there is not a 
man on earth who will sacrifice more 
than I would to relieve us from this 
heavy reproach in any practicable way. 
The cession of that kind of property, for 
so it is misnamed, is a bagatelle which 
would not cost me a second thought if 
in that way a general emancipation and 
expatriation could be effected; and 
gradually with due sacrifice I think it 
might be, but as it is we have the wolf 
by the ears and we can neither hold 



* Jefferson's Complete Works, vol. vii., p. 180. 



43^ 



HISTORY OF 'THE UXITED STATES. 



Book II., c. 16 



him nor safely let him go. Justice is in 
the one scale and self-preservation in 
the other. Of one thing I am certain, 
that the passage of slaves from one 
State to another would not make a 
slave of a single human being who 
would not be so without it. So their 
diffusion over a greater surface would 
make them individually happier and 
proportionally facilitate the accomplish- 
ment of their emancipation by dividing 
the burden on a greater number of co- 
adjutors. An abstinence too from this 
act of power would remove the jealousy 
excited by the undertaking of Congress 
to regulate the condition of different 
descriptions of men composing a State. 
This certainly is the exclusive right of 
every State which nothing in the Con- 
stitution has taken from them and given 
to the general government. Could Con- 
gress, for example, say that the non-free- 
men of Connecticut shall be freemen, or 
that they shall not emigrate into any 
other State? I regret that I am now to 
die in the belief that the useless sacrifice 
of themselves by the generation of 1776 
to acquire self-government and happiness 
to their country is to be thrown away by 
the unwise and unworthy passions of 
their sons, and that my only consolation 
is to be that I live not to weep over it. 
* * To yourself, as the faithful advo- 
cate of the Union, I tender the offering 
of the highest esteem and respect."* 

These evidences, without resorting to 
more, show fully and conclusively that 
the conflict in this Missouri controversy 
was not one between the advocates and 
opponents of slavery, but between the 
advocates and opponents of our true 
Federal system under the Constitution. 

But to proceed with the narrative. 
On the 1 8th of February the House re- 

*' Jefferson's Complete Works, vol. vii., p. 1 59. 



ceived from the Senate the bill for the 
admission of the State of Maine, which 
the House had passed on the 3d of Jan- 
uary previous.* When the House bill 
was before the Senate a motion was 
made and carried in that body to tack 
on to it a like bill for the admission of 
Missouri. To this proposition Mr. 
Thomas, of Illinois, moved the following 
amendment : 

"And be it further enacted that in all 
that territory ceded by France to the 
United States under the name of Louis- 
iana which lies north of 36 30' north 
latitude, excepting only such part there- 
of as is included within the limits of the 
State contemplated by this act, slavery 
and involuntary servitude otherwise than 
in the punishment of crimes, whereof 
the party shall have been duly convicted, 
shall be and is hereby forever prohibited : 
provided always that any person escap- 
ing into the same from whom labor or 
service is lawfully claimed in any State 
or Territory of the United States, such 
fugitive may be lawfully reclaimed and 
conveyed to the person claiming his or 
her labor or service as aforesaid." f 

This was the Missouri Compromise, 
so called. It did not come from the 
South, it was not moved by any member 
or Senator from the South; even Mr. 
Clay, whose name has been so errone- 
ously connected with it, had nothing to 
do with its origination. It was proposed, 
as stated, by Mr. Thomas, the Senator 
from Illinois, as an additional section to 
the bill providing for the admission of 
Maine and Missouri without any restric- 
tion on either, as all the other States 
had been admitted. It related to matter 
entirely extraneous to the bill; and 
passed the Senate on the 17th of Feb- 

* Annals of Congress, 16th Congress, 1st session, 
p. 49. f Ibid -» P- 427- 



HIE ADMINISTRATION OF MONROE. 



433 



ruary by a vote of 34 to 10.* Of the 
10 "noes" every one was from the South 
except two. Senators Noble and Taylor 
from Indiana also voted against it. 

Now what reception did the proposi- 
tion so amended meet with in the 
House? It has been said by high 
authority that it passed the House on a 
test vote by 1 34 in favor of and with but 
42 against it; a greater historical error 
on an important matter was hardly ever 
committed. The House bill for the 
admission of Maine, which had passed 
that body on the 3d of January, and 
which, as stated, was sent back to them 
with these Senate amendments, was taken 
up in the House on the 19th day of 
February, and its consideration was then 
postponed until a future day.f In the 
meantime the House went on discussing 

o 

their own separate bill for the admission 
of Missouri. Before coming to any 
final vote upon that they again, on the 
22d of February, resumed consideration 
of the Maine bill with the Senate amend- 
ments, and disagreed to both of them 
by separate votes. To the Thomas 
amendment, covering the proposed com- 
promise, they disagreed by a vote of 159 
against it, to but 18 in favor of it. % They 
then took up and went on with their 
own bill for the admission of Missouri 
with a restriction on the State in it. 

On the 28th of February the House 
received a message from the Senate that 
they insisted on their amendments to the 
Maine bill. The message was taken up, 
and after insisting on their disagreement 
to this Thomas provision by a vote of 
160 to 14, the House went on still with 
their own separate bill as to Missouri. § 
The Senate asked for a conference on 

* Annals of Congress, 16th Congress, 1st session, 
]>■ 428. f Ibid., p. 1410. 

t Ibid., p. 1457. g Ibid., p. 1554. 

28 



the disagreeing vote of the two Houses 
on the Maine bill. This was granted 
by the House on the 29th of February, 
and Messrs. Holmes, of Massachusetts, 
Taylor, of New York, Lowndes, of South 
Carolina, Parker, of Massachusetts, and 
Kinsey, of New Jersey, were appointed 
as the House committee;* every man 
of them from the Northern States ex- 
cept Mr. Lowndes. After this the House 
still went on with their own Missouri 
bill, and on the same day adopted the 
restriction of Mr. Taylor by a vote of 
94 to 86; and with this restriction the 
bill passed the House the next day, 
March 1st, by a vote of 91 to 82. It so 
went to the Senate. On the 2d of March 
Mr. Holmes from the Conference Com- 
mittee on the part of the House on the 
Maine bill reported. The report was 
that the Senate should recede from its 
amendments to the Maine bill, and that 
both Houses should pass the House 
bill for the admission of Missouri by 
striking out the House restriction of 
slavery on the State, and substitute in 
lieu of it the Thomas provision imposing 
a restriction on territory outside of the 
State, as has been stated. This it may 
be repeated was the Compromise, so 
called.f A similar report was made to 
the Senate on the 3d of March, and was 
agreed to in that body without a count. % 
But in the House on agreeing to the 
Compromise as reported by the Confer- 
ence Committee, the question was divided 
and first taken on striking out the slavery 
restriction on the State, as it then stood 
in the House Bill for the admission of 
Missouri. This was the test vote in that- 
body, and on this vote the "ayes" and 
"noes" as they appear upon the record 



* Annals of Congress, 1 6th Congress, isl session, 
p. 1558. 

f Ibid., p. 1576. % Ibid., p. 472. 



+54 



I//STOKY Of THE UNITED STATES. 



Boob II . < U 



stood for it 90, and against it 87.* 
This is fir from being, as has been 
averred, by the authority mentioned, 
134, in favor of a compromise, with 
only forty-two against it. Of the ninety 
votes in favor of striking out the 
restriction on the State, only fourteen 
were from the non-slaveholding States. 

These were Messrs. Hill, Homes, 
M 1 on, and Shaw, of Massachusetts, 
Foot, Stevens, of Connecticut, Eddie, 

>! Rhode Island, Meigs and Storrs, 
of New York, Baldwin and Fuller- 
ton, of Pennsylvania, Bloomfield, Kin- 
5ey, and Smith, of New Jersey. The 
question then came up on concurring 
with the Senate in the insertion of the 

["nomas amendment which provided For 
the exclusion of slavery from all the 

Louisiana cession outside of Missouri, 
and north of 36 30' north latitude. This 

is the question on which the vote stood 

134 to 42. This is readily understood. 

Nearly all those who could not get re- 
striction on the State, very willingly took 
the- territorial restriction as the next best 
thing to the accomplishment of their 
genera] objects, without the slightest 

abandonment of a most determined pur- 

to accomplish these objects when- 
ever a case should arise in which 
they could effect them. These objects 

they did not intend to compromise, nor 
did they, as the sequel will show. This 

VOte of [34 tO 42 was in no sense 

the test vote upon the admission of Mis- 
souri without State restriction, in the 
consideration ^\ territorial restriction. 
If the question could then have come up 
for the admission of Missouri under the 

bill as it then stood amended, the vote 

would very certainly have been just as it 
\a upon the motion to strikeout the 

* Annals ol Congress, 1 « »t 1 » Congress, 1st session, 
P. 1586. 



restriction upon the State; for all knew 
perfectly well what would be the result 
of that vote. There was, however, no 
VOte, and could be none under the rules 
on the direct question of the admission 
of the State by the bill as it was then 
amended. It passed from the control of 
the House and became a law, SO far as 
they were concerned, by the vote agree- 
ing to the amendment. The real test 
vote, therefore, was on striking out the 
State restriction. 

Nearly all the forty-two noes against 
concurring with the Senate amendment as 
to this territorial restriction were from 
the South. They voted against it be- 
cause the}- believed it to be equally as 
unconstitutional as the restriction at- 
tempted to be put upon the State. They 
believed that Congress had no more 
power to control this institution in the 
Territories than the}' had to control it in 
the States. It is true, that quite a num- 
ber of the Southern members (a small 
majority of them) did vote for it as a set- 
tlement of the territorial controversy 
upon the principle of a division of the 
public domain between the sections. In 
this view the\- accepted it, agreed to it, 
and voted for it under the circumstances 
as a compromise on thai question. This 
clearly appears from the speech of Mr. 
Kinsey, of New Jersey, one of the House 
committee of conference. In speaking 

on this question, and addressing himself 
to the Northern side of the House to 
induce them to accept it, he said : 

"Do our Southern brethren demand 
an equal division of this wide-spread fer- 
tile region, this common property pur- 
chased with tin- common funds of the 
nation? No! They have agreed to fix 
an irrevocable boundary beyond which 
slavery shall never pass; thereby sur- 
rendering to the claims of humanity and 



THE ADMINISTRATION OF MONROE. 



435 



the non-slavcholding States, to the en- 
terprising agriculturists of the North, 
the; Middle and Eastern States nine-tenths 
of the country in question. In rejecting 
so reasonable a proposition we must 
have strong and powerful reasons to 
justify our refusal ; and notwithstanding 
you may plead your conscientious 
scruples, be it remembered, you must 
shortly account to that august and stern 
tribunal, the impartial history and the 
strict scrutiny of public opinion. Can 
you plead conscience in bar to such a 
compromise? If so, how reconcile votes 
you have on similar questions already 
given? When Mississippi, in the last 
session, was received into the Union 
your votes made slavery interminable. 

* :(: # * # ■% -if. 

" I much fear, notwithstanding all your 
solemn asseverations, the scrutinizing 
public will assign other views, other mo- 
tives ; and what more probable- than that 
unhallowed one of political ascendency? 
And it is to be feared that a linking am- 
bition, the bane of all government, has 
had too great an influence in this debate 
If so, it is time now to pause before we 
pass the Rubicon; to hesitate before it is 
too late to retract. In persisting in our 
restriction on Missouri, are we (haling to 
our brethren of the South the same 
measure we would be willing they should 
mete to us ? When, with magnanimity 
unparalleled, they have conceded to us 
nine-tenths of this great common prop- 
erty, can we wish to deprive them of 
the remainder? And whilst gentlemen 
on the part of the majority arrogate to 
themselves a greater portion of moral 
refinement, it would be highly honorable 
to exhibit greater manifestations of 
liberality in sentiment."* 

* Annals of Congress, i6lh Congress, 1st session, 
P- >579- 



With this view, looking to it as a 
division of the public domain between 
the sections, the Southern members who 
voted for it did accede to and support 
Thomas' amendment as a compromise on 
the question, and in no other view could 
have been induced to give their votes for 
it.* But the pertinent inquiry is, how this 
matter was looked upon at the time and 
subsequently by the restrictionists, with 
whom it is said that the members of the 
Southern States entered into a solemn 
compact. Did they, the restrictionists, so 
regard it at that time or ever afterwards? 
The records show that they did not. 
They utterly ignored and repudiated it 
at the very next session of Congress. 
Missouri was denied admission in the 
Union as a State in December, 1820, 
though she had formed her Constitution 
under the provisions of this bill so passed 
and based upon this agreement and un- 
derstanding, or supposed compromise, so 
called. I ler vote for President and Vice- 
President, which had been cast at the 
election in the following fall, was not 
allowed to be counted. f 

At the next session of Congress, Mr. 
Lowndes, of South Carolina, offered a 
resolution in the House, recognizing 
Missouri as a State in the Union, under 
her Constitution adopted in pursuance 
of the act of Congress so passed at the 
session before. On this motion the vote 
in the House was 79 for it and 93 against 
itj Of these 93 votes against the ad- 
mission of Missouri, 72 are the identical 
men who voted against striking out the 
State restriction on the test vote in the 
House, as before stated, on the recom- 
mendation of the committee of confer- 

* See War Between States, vol. ii.,p. 1 55, foot-note. 
j- Annals of Congress, 16th Congress, 2d session, 

p. H54- 

J [bid., p. 669. 



43 6 



HISTORY OF THE UXITED STATES. 



Book II, c 15 



ence on the 2d of March, of the last ses- 
sion, and 67 of them are the identical 
men who voted immediately afterward 
on the 2d of March, 1820, for the inser- 
tion of the- territorial restriction which 
was carried by 134 to 42, which has 
been styled a test vote on the Missouri 
Compromise. If they had entered into 
any such agreement, promise or cove- 
nant, that Missouri should be admitted 
without a State restriction, in considera- 
tion of territorial restriction adopted in 
lieu of it, why did they not abide by it ? 
If there was any breach of compact in 
this case, who made it? Was the com- 
promise, so called, of the 2d of March, 
1820, held inviolate by the restrictionists 
for twelve months, much less for thirty 
years ? If so, why was not Missouri 
recognized as a member of the Union 
under it ? The pretext of this refusal 
was that the Constitution of Missouri 
as formed had directed the Legislature 
to pass laws to prevent free negroes and 
mulattoes from going to or settling in 
the State. It was asserted that this was 
in violation of the Constitution of the 
United States. It could, however, have 
been nothing but a pretext; for if the 
State Constitution contains anything 
inconsistent with the Constitution of the 
United States, it was, of course, inopera- 
tive, void, and of no effect. This, there- 
fore, was a proper matter for the courts 
to determine; but the restrictionists per- 
sistently refused to admit Missouri into 
the Union, because slavery was not abol- 
ished therein. The conflict was again 
renewed, and was fiercer at this session 
than it had ever been before. It was at 
this stage of the proceedings that Mr. 
Clay threw himself into the breach, and 
exerted his transcendent powers in efforts 
at conciliation and harmony. He moved 
on the 2d of February, 1821 (after the 



rejection of Mr. Lowndes' motion, to 
admit Missouri under the act passed at 
the last session), that a committee of 
thirteen be appointed to report such 
action as would be proper to be taken in 
view of the situation. The committee 
consisted of himself as chairman, Messrs. 
Eustis, of Massachusetts, Smith, of 
Maryland, Seargent, of Pennsylvania, 
Lowndes, of South Carolina, Ford, of 
New York, Archer, of Virginia, Ilackley, 
of New York, S. Moore, of Pennsylvania, 
Cobb, of Georgia, Tomlinson, of Con- 
necticut, Butler, of New York, and 
Campbell, of Ohio.* Mr. Clay, as 
chairman of this committee, reported on 
the ioth of February. The report in 
substance was that Missouri should be 
recognized as a State in the Union under 
her Constitution as presented, upon the 
" fundamental condition " that her Leg- 
islature should pass no law in violation 
of the rights of citizens of other States, 
and that the Legislature should also by 
proper act give its assent to this " funda- 
mental condition " before the fourth 
Monday in November next ensuing, and 
that the President of the United States, 
upon receipt of this assent of the Legis- 
lature, should announce the fact by 
proclamation, and then the State was to 
be considered in the Union. f In other 
words this committee reported that Mis- 
souri should be admitted into the Union 
on the equal footing of the original 
States, upon the fundamental condition 
that the State government in all its de- 
partments should be subject to the Con- 
stitution of the United States as all other 
State governments were. This resolu- 
tion was rejected by a vote of 80 for it 
and 83 against it.J 



* Annals of Congress, 16th Congress, 2d session, 
p. 1027. 

f Ibid., p. 1115. \ Ibid., p. 1 1 16. 



THE ADMINISTRATION OF MONROE. 



437 



What more could the restrictionists 
have asked, if they had, in good faith, 
agreed to the compromise on the ques- 
tion of Congressional restriction as has 
been claimed ? Their action, to say 
nothing of other matters, in voting 
against Mr. Clay's proposed compromise, 
shows conclusively that at that time 
they did not consider themselves as 
bound by any agreement or compact as 
claimed in regard to the Thomas amend- 
ment. It shows conclusively that they 
did not intend to abide by it. On 
this rejection of Mr. Clay's proposition 
the parties in the main continued to 
stand as they stood in the beginning, 
and as they stood at the previous session. 
The passions on both sides waxed 
warmer as the conflict was prolonged. 
The excitement became intense as the 
debates show. The strife was really 
between centralism and confederation. 
The rejection of Mr. Clay's resolution 
was, however, reconsidered the next day, 
but when it was again put on its passage 
it was again lost by a vote of 82 to 88.* 

Discordant opinions now prevailed as 
to what was the real status of the people 
of Missouri in their relations to the Fed- 
eral government. Some held that they 
were still in the territorial condition, 
subject to Federal authority, while others 
maintained that they constituted an inde- 
pendent State out of the Union. Mr. 
Clay, undaunted by his previous failure, 
again came to the rescue. On the 22d 
of February, he moved that a grand 
joint committee, consisting of members 
of the House and Senate, should be 
raised to propose suitable action for the 
alarming crisis. The committee on the 
part of the House was to consist of 
twenty-three members. These were to 



* Annals of Congress, 16th Congress, 2d session, 
p. 1 146. 



be elected by the House. His motion 
was agreed to.* The Senate concurred. 
The committee was raised ; Mr. Clay 
was chairman of the grand committee, 
and made his report from it on the 26th 
of February. It was a joint resolution 
substantially the same as that reported by 
him before from the committee of thirteen. 
The resolution is in the following words : 
"Resolved, by the Senate and House of 
Representatives of the United States of 
America in Congress assembled, That Mis- 
souri shall be admitted into this Union 
on an equal footing with the original 
States in all respects whatever, upon the 
fundamental condition that the 4th clause 
of the 26th section of the 3d article of 
the Constitution, submitted on the part 
of the said State to Congress, shall never 
be construed to authorize the passage 
of any law, and that no law shall be 
passed in conformity thereto by which 
any citizen of either of the States in this 
Union shall be excluded from the enjoy- 
ment of any of the privileges and immu- 
nities to which such citizen is entitled, 
under the Constitution of the United 
States ; provided that the Legislature of 
said State, by a solemn public act, shall 
declare the assent of said State to the 
said fundamental conditions, and shall 
transmit to the President of the United 
States on or before the fourth Monday in 
November next, an authentic copy of the 
said act ; upon the receipt whereof the 
President by proclamation shall announce 
the fact : whereupon, and without any 
further proceedings on the part of Con- 
gress, the admission of the said State 
into this Union shall be considered as 
complete." f 



* Congressional Records, 16th Congress, 2d session, 
p. 1219. 

f Annals of Congress, 16th Congress, 2d session, 
p. 122S. 



433 

This resolution passed the House the 
same day by a vote of 87 to 81.* It 
Mas sent to the Senate, and passed that 
body the next day by a vote of 26 to 
1 5, f and was approved by the President 
on the 2d of March, 1S21.T 

The Legislature of Missouri readily 
passed the indicated act on the 26th of 
June thereafter, and on the loth day of 
August, 1 82 1, President Monroe issued 
his proclamation accordingly, declaring 
the admission of Missouri into the Union 
as being complete. § Missouri was ad- 



HISTORY OF THE UNITED STATES. 



Book II., c. 15 




COAT OF ARMS OF MISSOURI. 

mitted therefore not under the act of 

1820, but under Mr. Clay's resolution of 

1 82 1, in which there was no reference 
whatever to the Thomas amendment to 
the act of 1820. 

Clay's resolution embraced the only 
real compromise, if it can be considered 
in that light at all, under which Missouri 
entered the Union. That was a compro- 
mise between the people of the State and 
the Congress as a State. The people of 
Missouri fully complied with their part 
of the agreement. The slavery restric- 
tionists, in no part of the proceedings from 
beginning to end, ever yielded or agreed 
to yield their opposition to the admission 
of Missouri as a slave State. In no stage 
of the proceedings, as the records show, 
did they ever yield the ground in con- 



* Annals of Congress, 16th Congress, 2(1 session, 

P. 1239. 
f [bid., p. 388. 

\ U- S. Statutes at Large, vol. iii., p. 645. 
\ Nile's Register, vol. xx„ p. 3889. 



sideration of the Thomas territorial re- 
striction. Missouri was admitted on the 
fundamental condition that, as a member 
of the Union, she would first agree to be 
subject to the Constitution of the United 
States as all the other States were. This 
is the substance of it, and this is the only 
compromise on' the subject in which Mr. 
Clay took any prominent part. The re- 
strictionists in mass even voted against 
this. It has no direct connection what- 
ever with the exclusion of slavery from 
any portion of the public domain. Of 
the eighty-seven votes for Mr. Clay's 
compromise resolution every one was 
from the Southern States except seven- 
teen. These seventeen were Messrs. Hill 
and Shaw, of Massachusetts, Eddie, of 
Rhode Island, Stevens, of Connecticut, 
Ford, Guion, Hackley, Meigs and Storrs, 
of New York, Baldwin, Moore, Rogers, 
and Udree, of Pennsylvania, Bateman, 
Bloomfield, Smith and Southard of New 
Jersey ; only three more in all from the 
entire North than had voted against the 
State restriction, on the 2d of March 
the year before. This is an accurate 
history of the Missouri Compromise, so 
called, up to the recognition of that 
State as a member of the Union. It is 
thus seen that it was repudiated by 
the majority of the House from every 
Northern State except Rhode Island and 
New Jersey, even before the consumma- 
tion of her admission.* 

A general idea prevails very exten- 
sively at this time, that Missouri was ad- 
mitted, as a slave State, in 1820, under 
an agreement with the Restrictionists, or 
Centralists, proposed by Mr. Clay, that 
she should be so admitted upon condition 
that negro slavery should be forever pro- 
hibited thereafter in the public domain, 
north of 36 30' north latitude. No 

* See War Between the Slates, vol. ii., p. 160, et seq. 



THE ADMINISTRATION OF MONROE. 



439 



greater error on any important historical 
event ever existed. 

If there was any bad faith in regard to 
Mr. Thomas's provision on the admission 
of Missouri at that period, or afterwards, 
it was not on the part of the people of 
the Southern States, as the records con- 
clusively show. 

During the fall of 1820 came off an- 
other Presidential election. Mr. Monroe 
and Mr. Tompkins received the Demo- 
cratic nomination for re-election to the 
respective offices of President and Vice- 
President; and at the election, Mr. 
Monroe received the vote of every State 
in the Union, and every electoral vote 
of all the colleges except one. One vote 
in the college of New Hampshire was 
cast for John Quincy Adams for Presi- 
dent. Governor Tompkins received every 
electoral vote for the office of Vice-Presi- 
dent except fourteen. The vote of Mis- 
souri, which was cast for Mr. Monroe 
and Governor Tompkins, was not counted 
because of a refusal of the House to 
recognize her as a Slate of the Union 
under the celebrated " Compromise " of 
March, 1820, so called, as we have seen. 

On the 22d of February, 1821, the 
President issued a proclamation announc- 
ing the ratification of a treaty with 
Spain; by which East and West Florida 
were ceded to the United States, and all 
claims of Spain to territory on the 
Pacific coast north of 42 of north lati- 
tude. This included all the Spanish 
claims to any portion of Oregon. For 
the entire cession the United States were 
to pay $5,000,000. The territory thus 
acquired by them amounted to 367,320 
square miles. 

The 4th of March, 1821, coming on 
Sunday, Mr. Monroe was inaugurated 
for the second term on the succeeding 
day — Monday, the 5th of that month. 



The oath of office was administered by 
Chief-Justice Marshall. No immediate 
changes took place in his cabinet. 

The Seventeenth Congress held its 
first session from the 3d of December, 
182 1, to the 8th of May, 1822. On the 
organization of the House at this session 
a marked division among the Repub- 
licans or Democrats manifested itself, 
upon the question of the limitations and 
powers of the Federal government. 
Those who favored the policy of levy- 
ing duties upon foreign imports, with a 
view specially to protect domestic manu- 
factures in the United States, and also 
of entering into a system of internal 
improvements throughout the States by 
the Federal government, put in nomina- 
tion for the Speakership, John W. Tay- 
lor, of New York, who had been the 
mover of the Missouri restriction. They 
who constituted the "straightest sect" 
of strict constructionists put in nomina- 
tion Philip P. Barbour, of Virginia, who 
was decidedly opposed to a protective 
tariff, and to any system of general in- 
ternal improvements to be carried on by 
the Federal government; he had also 
opposed the Missouri restriction. Mr. 
Barbour was elected by a majority of 
four votes. 

During this session the subjects of a 
protective tariff and internal improve- 
ments constituted the chief topics of 
discussion; nothing of importance, how- 
ever, was done upon them. The tariff 
movement ended with the report of the 
committee having that subject in charge, 
that any additional legislation on that 
subject was inexpedient. A bill was 
passed by Congress, making an appro- 
priation for continuing the Cumberland 
road, which contained clauses unconsti- 
tutional in the opinion of the President, 
and was returned by him with his veto 



440 



HISTORY OE 'I HE UNITED STATES. 



Book II., c. 15 



On the 4th of May he sent to Congress 
a message * on the subject of internal 
improvements; which was one of the 
ablest State papers ever issued from the 
Executive department, on the general 
nature, character and powers of the 
Federal government under the Constitu- 
tion. 

During the same session of Congress, 
in accordance with the recommendation 
of the President, a resolution was passed 
recognizing the independence of Mexico 
and five new States in South America, 
formerly under the dominion of Spain as 
Provinces; and $100,000 were appropri- 
ated to defray the expenses of envoys 
to these republics. It was about this 
time that the President, in a message to 
Congress, declared that, "as a principle, 
the American continents, by the free 
and independent position which they 
have assumed' and maintained, are hence- 
forth not to be considered as subjects for 
future colonization by any European 
power." This principle is what has since 
been known as the " Monroe Doctrine." 

The Eighteenth Congress met the 1st 
day of December, 1823, and continued 
in session until the 26th day of May, 
1824. Mr. Clay, being again returned 
as a member of the Mouse from Ken- 
tucky, was again chosen with great 
unanimity as the Republican or Demo- 
cratic Speaker. 

The most important subjects which 
engaged the attention of this Congress, 
as that of the last, were those relating 
to internal improvements and domestic 
manufactures. 

An act finally passed ordering certain 
surveys, on the first of these subjects, 
which received the President's approval. 
An act also was passed imposing a duty 

* See Journal of House) May 4th, 1822, or States- 
man's Manual, vol. ii., p. 492. 



or tariff upon several articles of foreign 
importation, with a direct view thereby 
of affording protection to manufacturers 
of like articles in the United States. 

The passage of this act was strongly 
opposed, and its discussion called into 
exercise the first talent of Congress. 
This, as well as the internal improve- 
ment measure, was carried mainly by 
the eloquence, influence and popularity 
of Mr. Clay. 

This policy of building up home man- 
ufactures by a protective tariff, and of 
carrying on internal improvements by 
the Federal government, is what at the 
time was called the "American System," 
the authorship of which was attributed 
to Mr. Clay. It soon made a wide and 
permanent split in the Republican or 
Democratic party. 

The year 1824 was signalized by the 
visit of Lafayette to the United States, 
on the express invitation of Congress. 
He arrived at New York the 13th of 
August, and became the guest of Daniel 
D. Tompkins, the Vice-President, who 
resided on Staten Island. Here he was 
waited upon by a committee of the State 
of New York and many distinguished 
citizens, to welcome him to this great 
metropolis. The escort of steamboats, 
decorated with the flags of every nation, 
brought him to the view of the assem- 
bled multitudes in the city, who mani- 
fested their joy in beholding "the man 
connected with both hemispheres and 
two generations." He was waited upon 
by deputations from Philadelphia, Balti- 
more, New Haven and many other cities 
with invitations to visit them. He trav- 
elled through all the States, and was 
everywhere received with the warmest 
demonstrations of respect and affection. 

He returned to Washington during the 
session of Congress, and remained there 



THE ADMINISTRATION OF MONROE. 



44 1 



several weeks. In token of their grati- 
tude, and as a part payment of the debt 
due him by the country, Congress voted 
him the sum of $200,000 and a township 
of land. At the time of his visit to the 
United States he was nearly seventy 
years of age. . Another Presidential 
election came off during the fall of the 
same year (1824). Mr. Monroe declining 
a re-election, the division in the Repub- 
lican party in their nomination for the 
succession became very marked. The 
usual Congressional caucus selected 
William H. Crawford, of Georgia, for 
President, and Albert Gallatin, of Penn- 
sylvania, for Vice-President. Mr. Galla- 
tin declining, John C. Calhoun, of South 
Carolina, was subsequently run in his 
place. Mr. Crawford, before the election, 
was stricken with paralysis, from which 
it was supposed, in some of the States, 
he never would sufficiently recover to 
perform the duties of the office. The 
consequence was the caucus nomination, 
so far as Mr. Crawford was concerned, 
was not conformed to by the Electoral 
Colleges throughout the Union. Other 
distinguished Republicans were voted 
for instead of Mr. Crawford. The gen- 
eral result of the electoral vote was 99 
for Andrew Jackson, 84 for John Quincy 
Adams, 41 for William H. Crawford, and 
37 for Henry Clay, for President; and 
182 for John C. Calhoun, for Vice-Presi- 
dent, with some scattering votes for 
others. The States that voted for Gen- 
eral Jackson were: New Jersey, Penn- 
sylvania, Maryland, North Carolina, 
South Carolina, Tennessee, Louisiana, 
Mississippi, Indiana, Illinois, and Ala- 
bama — 11 in all. -Those which voted 
for John Quincy Adams were: Maine, 
New Hampshire, Massachusetts, Rhode 
Island, Connecticut, Vermont, and New 
York — 7 in all. Those that voted for 



Mr. Crawford were: Delaware, Virginia, 
and Georgia — 3 only. While those 
which voted for Mr. Clay were: Ken- 
tucky, Ohio, and Missouri — being also 
three only. 

Mr. Calhoun, having received a large 
majority of the electoral votes, was duly 
declared Vice-President ; but neither of 
the candidates voted for, for President, 
having received a majority of the votes 
of the Electoral Colleges, the choice of 
one of the three having the highest de- 
volved, under the Constitution, upon the 
House of Representatives, voting by 
States. 

This choice was made on the 9th of 
February, 1825; when, upon counting 
the ballots, it was found that John Quincy 
Adams received the votes of thirteen 
States, Andrew Jackson, the votes of 
seven States, and Mr. Crawford, the votes 
of four States. 

The votes by States were, for Mr. 
Adams: Maine, New Hampshire, Mas- 
sachusetts, Rhode Island, Connecticut, 
Vermont, New York, Maryland, Ken- 
tucky, Ohio, Louisiana, Illinois, and Mis- 
souri — 13. The votes by States for Gen- 
eral Jackson were: New Jersey, Penn- 
sylvania, South Carolina, Tennessee, 
Indiana, Alabama, and Mississippi — 7. 
Those for Mr. Crawford were: Dela- 
ware, Virginia, North Carolina, and Geor- 
gia— 4. 

Mr. Adams having received, therefore, 
a majority of the States so cast under 
the Constitution, was declared duly 
elected to succeed Mr. Monroe. This 
election produced great discontent 
throughout the country, and most 
seriously affected the popularity of Mr. 
Clay, as the election of Mr. Adams was 
attributed mainly to his agency, which 
had been exerted, as was supposed by 
many, with a view to defeat the election 



442 



HISTORY OF THE UXITED STATES. 



Book II.. c 1C 



of General Jackson, who by the returns 
seemed to stand highest in popular 
favor. 

Mr. Monroe, after the expiration of his 
term of office, universally esteemed and 
respected by his countrymen, retired to 
his residence in Virginia, and took no 
further active part, in the politics of the 
country, except to serve his county in 
the Constitutional Convention of Vir- 
ginia, in 1830. 

CHAPTER XVI. 

ADMINISTRATION OF JOHN QUINCY ADAMS. 
(4th of March, 1825 — 4th of March, 1S29.) 

Great ability and experience of the new President — 
Jeffersonian Republican — One of the United State!; 
Commissioners — Treaty of peace at Ghent — His 
position on the Missouri question — Mr. Adams' 
Cabinet — Controversy with Georgia on the old and 
new treaty with the decks — Policy of Governor 
Troup, of Georgia, carried out — General Jackson 
nominated for the Presidency by the Legislature 
of Tennessee — He accepts the nomination, and re- 
tires from the Senate — First session of the Nineteenth 
Congress, December 25th — Debates become bitter 
— McDuffie, of South Carolina, on Mr. Clay — 
Trimble, of Kentucky, in reply — Investigation 
called for — Clay vindicated — The Panama mission 
— Internal improvements discussed with warmth — 
New party lines distinctly marked — The death of 
John Adams and Thomas Jefferson — Funeral cer- 
emonies in memory of the honored dead — Elections 
to Twentieth Congress in favor of the opposition — 
The protective policy the absorbing question — The 
tariff bill of 1828 passed — Known as the " Bill of 
Abominations" — Presidential election of 182S — 
The candidates, and result of the election — General 
Jackson the recognized head of (he Democratic 
party — Mr. Clay the leader of the National Repub- 
licans. 

i ^TOHN QUINCY ADAMS, sixth 
'j President of the United States. 
i-f^D was inaugurated on the 4th of 
. j March, 1825, in the fifty-eighth 
year of his age. He was the 
son of John Adams, the second Presi- 
dent. He was a man of very great nat- 



ural ability ; and by education and thor- 
ough training had acquired a vast deal 
of varied knowledge. After having been 
United States Minister to the Nether- 
lands, and to Portugal, under Washing- 
ton, and to Berlin, during his father's 
administration, he was selected in 1803 
by the Legislature of Massachusetts to 
the Senate of the United States. In this 
body he soon gave a cordial support to 
the administration of Mr. Jefferson, and 
became thoroughly identified with the 
Republican or Democratic party of that 
period. His support of the Embargo 
gave great offence to the Federalists of 
Massachusetts, who censured his course. 
He thereupon resigned, and was called 
to the chair of rhetoric and oratory in 
Harvard College. This position, how- 
ever, he did not continue to hold long ; 
for soon after the accession of Mr. 
Madison to the Presidency, he was nom- 
inated and confirmed as Minister Pleni- 
potentiary to Russia. This position he 
held for a number of years, and was one 
of the commissioners who negotiated the 
treaty of peace at Ghent. After this, 
Mr. Madison (in 181 5), appointed him 
minister to Great Britain, where he re- 
mained until Mr. Monroe's accession to 
the Presidency, in 18 17, when he was 
appointed Secretary of State ; which 
position he continued to hold until his 
elevation to the same office. In the 
agitation of the Missouri question, his 
influence was exerted for conciliation. 
Though an ardent anti-slavery man, he 
did not believe that, under the Constitu- 
tion and treaty of cession, by which the 
Louisiana territory, including Missouri, 
was acquired, Congress had the rightful 
power to adopt the proposed restrictions 
on the admission of that State ; but on 
the new question now dividing the 
Democratic party, he sided with those 



THE ADMINISTRATION OF JOHN QUINCY ADAMS. 



443 



who favored what was called the "Amer- 
ican System." 

In the organization of his cabinet, 
Mr. Adams appointed Henry Clay, of 
Kentucky, Secretary of State, Richqrd 
Rush, of Pennsylvania, Secretary of the 
Treasury, and James Barbour, of Vir- 
ginia, Secretary of War. Mr. Samuel L. 
Southard, of New Jersey, was continued 
Secretary of the Navy, and Mr. Wirt 
was retained as Attorney-General. 

One of the first questions that pro- 
duced considerable agitation in the 
country, soon after Mr. Adams' acces- 
sion to office, was a controversy with the 
State of Georgia, growing out of a treaty 
with the Creek Indians. On the 1 2th 
of February, 1825, two United States 
commissioners, Duncan G. Campbell, 
and James Merriwether, had made a 
treaty with the principal chiefs of this 
tribe, at the place known as the " Indian 
Springs," by which the United States 
had procured the extinguishment of the 
Indian title to a large extent of Indian 
territory, in pursuance of the agreement 
with Georgia in her cession of 1802 of 
the Territories of Alabama and Missis- 
sippi. This treaty was ratified by the 
Senate just before the close of Mr. Mon- 
roe's administration ; but, under the 
instigation of certain white men, it was 
very strongly opposed by a kxv factious 
leaders of the tribe. They set upon Mc- 
intosh, the principal chief, who had 
signed it, and assassinated him in the 
night in his own house, with another 
who had also signed it, and called upon 
the Federal government to repudiate the 
treaty so made and ratified. This was 
done by the administration, and a new 
treaty was made by new Commissioners 
on the 24th of January, 1826. 

In the meantime the Governor of 
Georgia, George M. Troup, proceeded 



to take possession of the territory ceded 
by the first, or " old treaty," as it was 
called. He utterly refused to be con- 
trolled by the proceedings of the Fed- 
eral authorities under the second, or 
what was called "the new treaty." He 
caused the boundary line between Geor- 
gia and Alabama to be run according to 
the terms of the cession of 1802, and 
the lands embraced in the " old treaty" 
to be surveyed and disposed of accord- 
ing to an act of Legislature of the State. 




JOHN QUINCY ADAMS. 

This was done in open disregard of 
orders from Washington. The arrest 
of the commissioners making the surveys 
was threatened. But upon the announce- 
ment of Troup in effect that force would 
be met by force, the surveys were per- 
mitted to go on, and the lands were 
occupied by Georgia under the " old 
treaty." Mr. Adams submitted the sub- 
ject to Congress in a very cautious and 
patriotic message; but no further steps 
were taken to arrest the action of the 
authorities of Georgia in the matter. 



444 



///STOA'i' OF THE UNITED STATES. 



Book II., c. 16 



The opposition to the administration, ' 
which had thus early manifested itself, 
continued to gain strength and make 
new developments. In October, 1825, 
General Jackson was nominated by the 
Legislature of Tennessee for the next 
Presidency. He accepted the nomina- 
tion in an address delivered before that 
body, and resigned a scat which he then 
held in the United States Senate. 

The first session of the Nineteenth 
Congress convened the 5th of Decem- 
ber, 1825, and continued to the 22d of 
May, 1826. The debates became very 
bitter. Mr. McDuffie, of South Caro- 
lina, upon one occasion censured, in 
strong terms, the course of Mr. Clay 
and his friends in the matter of the late 
Presidential election. Mr. Trimble, of 
Kentucky, and others, replied in like 
spirited language, and a scene of consid- 
erable excitement ensued. An imputa- 
tion affecting Mr. Clay's integrity having 
been made in this debate; an investiga- 
tion followed. A mass of testimony was 
produced by Mr. Clay, which was 
thought by his friends amply sufficient 
to rebut the accusations, and to justify 
him in voting for Mr. Adams. The 
object of the testimony was to show that 
any other course on his part would have 
rendered him liable to the charge of 
gross violation of principle. 

Another cause of opposition to the 
administration was what was known as 
the "Panama Mission." On an invita- 
tion from Peru, Chili, Colombia, Mexico, 
and the States of Central America, to 
meet in a general Congress at Panama, 
on the 22d of June, 1826, Mr. Adams 
appointed Richard C. Anderson, and 
John Sergeant, United States Commis- 
sioners, with William B. Rochester, 
Secretary. Mr. Anderson, who was then 
Minister to the Republic of Colombia, 



died of a malignant fever at Carthagena, 
on his way to Panama. Mr. Sergeant 
not being able to attend, the United 
States had no representative at this cele- 
brated assembly. Peru, Colombia, Mex- 
ico, and the States of Central America 
were represented. They entered into a 
treaty of friendship and perpetual Con- 
federation, to which all the other Ameri- 
can powers or States were invited to 
accede. The Congress then adjourned 
to reassemble in February, 1827, at 
Tocubaza, a village near the city of 
Mexico. Mr. Poinsett, United States 
Minister to Mexico, was appointed com- 
missioner, in place of Mr. Anderson, 
to meet this body on its reassembly. 
Mr. Sergeant also repaired to Mexico 
for the same purpose ; but the Con- 
gress never met again: so that matter 
ended. 

During the same session of the Con- 
gress of the United States the subject 
of internal improvements gave rise to 
warm and angry debate. Party lines on 
the new division became more distinctly 
marked. 

The 4th of July, of the year 1826, 
was memorable from the fact of its being 
the semi-centennial anniversary of the 
independence of the States ; but it be- 
came more so from the fact that two of 
the most prominent men connected with 
the movement which brought about that 
independence departed this life on that 
day, as we have before stated.* 

These were John Adams and Thomas 
Jefferson. They expired within a few 
hours of each other; the one at Monti- 
cello, Virginia ; the other at Quincy, 
Massachusetts ; Mr. Jefferson in the 84th 
and Mr. Adams in the 91st year of his 
age. The news of the death of these 
two distinguished statesmen filled the 



* Ante, chapter iv. 



TBE ADMINISTRATION OF JOHN QUINCY ADAMS. 



445 



whole country with mourning. The im- 
pression upon the public mind thereby 
was increased from the wonderful coin- 
cidences taken all together. In every 
town and village nearly, as well as in 
the cities, funeral ceremonies, by proces- 
sions and orations, were performed in 
memory of the honored dead. 

The elections to the Twentieth Con- 
gress showed an increase in the strength 
of the opposition. The administration 
gained somewhat in the New England 
States, in Delaware, New Jersey, Ohio, 
Indiana, and Louisiana; but lost largely 
in all the other States. The first session 
of this Congress commenced on the 3d 
of December, 1827, and continued to 
May 26th, 1828. The absorbing topic 
of this period was the protective policy. 
A, convention of manufacturers had been 
held in Harrisburg, Pennsylvania, which 
memorialized Congress on the subject. 
A committee on manufactures in the 
House was empowered to send for persons 
and papers. They reported a new tariff 
bill, based upon the protective policy. 
The discussions on this bill lasted from 
the 1 2th of February, 1828, to the 15th 
of April, when, after having received 
various amendments, it finally passed the 
House by a vote of 109 to 91. This 
tariff was opposed upon the ground, as 
it was insisted, that it was clearly uncon- 
stitutional, and also partial in its oper- 
ation, being highly injurious to the in- 
terest of the Southern States, as they 
were producers of staples for export, and 
it was to their interest to get manufac- 
tures for their consumption in the cheapest 
markets. Duties under the protective 
policy, their representatives contended, 
were not only bounties to the manu- 
facturers, but a heavy tax, levied upon 
their constituents, and a great ma- 
jority of the consumers in all the 



States, v/hich never went into the public 
treasury. 

During the excitement produced by 
the discussions and passage of the Tariff 
Act of this year, which was called the 
" Bill of Abominations," and the various 
projected schemes of internal improve- 
ment, involving the appropriation of 
many millions of dollars, the Presiden- 
tial election of 1828 took place. The 
contest between the two parties, the ad- 
ministration and opposition, over the 
powers and limitations of the Federal 
government, became almost as hot and 
fierce as it was in 1800, between the Fed- 
eralists and Republicans of that day. 
General Jackson, without any caucus 
nomination, was supported by the op- 
position everywhere for President, and 
Mr. Calhoun for Vice-President. The 
friends of the administration put forth 
the utmost of their exertions for the re- 
election of Mr. Adams to the office of 
President, and Richard Rush to the 
office of Vice-President. The result of 
the vote of the Electoral Colleges was, 
178 for Jackson, and 83 for Adams; 171 
for Mr. Calhoun, and 83 for Mr. Rush. 
Seven of the electoral votes of Georgia 
were cast for William Smith, of South 
Carolina, instead of Mr. Calhoun, for 
Vice-President. The vote for President 
by States stood: 15 for Jackson, and 9 
for Adams. The fifteen States that voted 
for Jackson were: New York, Pennsyl- 
vania, Virginia, North Carolina, South 
Carolina, Georgia, Kentucky, Tennessee, 
Ohio, Louisiana, Indiana, Mississippi, Illi- 
nois, Alabama, and Missouri; the nine that 
voted for Mr. Adams were: Maine, New 
Hampshire, Massachusetts, Rhode Isl- 
and, Connecticut, Vermont, New Jersey, 
Delaware, and Maryland. 

From this time the political parties in 
the United States took the distinctive 



446 



HISTORY OF THE UNITED STATES. 



Book II., c. 17 



names of Democratic and National Re- 
publican. General Jackson, belonging 
to the strict construction Jeffersonian 
school, was now regarded as the head of 
the Democratic party. Mr. Clay, who 
had also heretofore belonged to the same 
school, was now recognized as the great 
leader of the National Republicans. 

Mr. Adams' administration upon the 
whole was distinguished for its economy 
and the great ability and integrity of the 
members of his cabinet. Many of his 
recommendations, which were ridiculed 
at that time by a partisan press, have 
since been carried out by Congress, and 
redound greatly to the honor and renown 
of the country. Among these may be 
specially named the establishment of the 
observatory at Washington. 



CHAPTER XVII. 

ADMINISTRATION OF JACKSON. 
(4th of March, 1S29 — 4th of March, 1S37.) 

Luge attendance at inauguration — Brief sketch of 
the man — Always Jeffersonian Republican — First 
Cabinet — Removal of Indians — Debate between 
Hayne and Webster — Veto of Maysville Road 
Hill — Rupture between Jackson and Calhoun — 
Reorganization of Cabinet — Death of President 
Monroe — National Republicans' Convention — 
Nomination of Clay and Sergeant — Anti-Masonic 
convention — Nominations of Wirt and Ellmaker — 
John Quincy Adams returns to the House; Clay 
and Calhoun to the Senate — Bill lo recharter Bank 
of the United States vetoed — Tariff bill of 1832 — 
The cholera — War with the Wmnebagoes — Black 
Hawk — General Scott — First general convention 
of that wing of Jeffersonian Republicans styling 
themselves Democratic — The two-thirds rule — 
General result of election — Jackson re-elected 
President, and Van Buren chosen Vice-President — 
Vote by States — Nullification ordinance in South 
Carolina — Jackson's celebrated proclamation — Me- 
diation of Virginia — Mr. Clay's compromise of 
1833— The principle of protection abandoned — 
Clay's bill accepted by South Carolina — End of the 
Nullification embroglio — Debate between Calhoun 
and Webster — Removal of public deposits — Cal- 




houn, Clay, and Webster, "the great trio," united 
in opposition to the administration — Name of Whig 
assumed by combined opposition — Benton and 
Forsyth sustain administration — The protest — The 
meteoric shower — Death of Chief-Justice Marshall 
—Extreme winter of 1834-5 — Great fire in New 
York — Seminole war — Arkansas and Michigan 
admitted into the Union — Death of Madison — 
Presidential election of 1834 — Result of the vote — 
General Jackson's retirement — Farewell address. 

NDREW JACKSON, the seventh 
President of the United States, 
was inaugurated the 4th of 
March, 1829, in the sixty-second 
year of his age. His inaugural 
address was delivered at the Capitol, 
before the largest audience that had ever 
assembled on a similar occasion since 
the inauguration of Washington in New 
York, on the 30th of April, 1789. The 
oath of office was administered by Chief- 
Justice Marshall. The tone of his in- 
augural, as well as its sentiments, was 
highly gratifying to a large majority of 
the people in all sections. 

The new President was one of the 
most remarkable men of the age in 
which he lived. He possessed a combi- 
nation of qualities seldom met with in 
any one person. Education had done 
but little for him ; but by nature he was 
fitted for the government of men, both in 
the field and in the cabinet. During the 
administration of the elder Adams, he 
had occupied a seat in the United States 
Senate from Tennessee, and gave a most 
cordial support to the principles of Mr. 
Jefferson. Resigning his place in that 
body, he was afterwards elected one of 
the judges of the Supreme Court of his 
State. His military achievements in the 
wars against the Creek and Seminole 
Indians, and his victory over the British 
at New Orleans, have been stated. Be- 
ing now elevated to the Presidency, a 
great anxiety was felt everywhere as to 



7 HE ADMINISTRATION OF JACKSON. 



447 



the course of policy he would adopt. 
While he was the popular favorite, many 
entertained apprehensions from his well- 
known imperiousness of will. The first 
indication of his administrative purposes 
was manifested in the selection of his 
Cabinet, as all the members of the late 



ury; John H. Eaton, of Tennessee, 
Secretary of War; John Branch, of 
North Carolina, Secretary of the Navy ; 
John M. Berrien, of Georgia, Attorney- 
General; and, it having been determined 
: to make the Postmaster-General a cabi- 
[net officer for the future, William T. 




ANDREW JACKSON. 



Cabinet had resigned upon his accession 
to office. 

The persons selected to fill their places 
were : Martin Van Buren, of New York, 
Secretary of State ; Samuel D. Ingham, 
of Pennsylvania, Secretary of the Treas- 



Barry, of Kentucky, was appointed to 
that position. Mr. Van Buren, Mr. 
Branch, and Mr. Berrien, had been lead- 
ing supporters of Mr. Crawford in the 
Presidential contest of 1 824. Mr. Ingham 
was appointed through the influence of 



448 



///S/OA'V OF THE UNITED STATES. 



Book II., c. 17 



Mr. Calhoun, the Vice-President; and 
Messrs. Eaton and Barry were among the 
original supporters of General Jackson. 

The first leading feature of the new 
administration was the policy of remov- 
ing all the Indian tribes cast of the Mis- 
sissippi to a region of country west of 
that river, where they would be better 
provided with the means of sustaining 
themselves, according to their modes 
and habits of life ; and where they would 
cease to be either the source or subject 




RORERT Y. HAYNE. 



of border troubles and depredations. 
At the first session of the Twenty-first 
Congress, which commenced the 7th of 
December, 1829, and continued to the 
31st of May, 1830, an act was passed 
with the view of carrying this policy 
fully into effect, which was finally accom- 
plished some years afterwards. The 
President also recommended to this Con- 
gress a revision and modification of the 
tariff of 1828, and expressed very de- 
cided opinions against the protective 
policy. 

During the same session of Congress 



in 1830, came off the great debate in the 
Senate between Robert Y. Ilayne, of 
South Carolina, and Daniel Webster, of 
Massachusetts, in which what was known 
as the " peculiar doctrines of South Car- 
olina " on States' Rights, came in re- 
view. South Carolina held, with several 
other States, that the protective policy 
was unconstitutional ; but she also held, 
as they did not, that it was within the 
reserved rights of the States to have the 
question of constitutionality on this sub- 
ject rightfully determined by the judici- 
ary of the States severally, each for 
itself, instead of exclusively by the Fed- 
eral judiciary. This "peculiar doctrine" 
is what was known at the time as " Nul- 
lification," and this is the doctrine which 
Mr. Hayne in that debate sustained with 
so much ability, and which Mr. Webster 
assailed with so much eloquence. 

During the same session, the question 
of internal improvements by the Federal 
government was revived. The Maysville 
Road bill, as it was called, passed both 
Houses of Congress. This the Presi- 
dent vetoed, on the ground that it was 
unconstitutional. The veto was sus- 
tained by the House where the bill 
originated. Several other similar bills, 
passed at the same session, were arrested 
by a like veto. These acts of the Presi- 
dent greatly gratified the strict construc- 
tionists everywhere. 

About this time, or near the close of 
the first session of the Twenty-first Con- 
gress, occurred the memorable aliena- 
tion between General Jackson and Mr. 
Calhoun. It was occasioned by a dis- 
closure to General Jackson that Mr. Cal- 
houn, in Mr. Monroe's cabinet, had taken 
part against him in his conduct in 
Florida during the Seminole campaign 
of 18 1 8. The rupture thus occasioned 
became bitter and permanent. 



THE ADMINISTRATION OF JACKSON. 



449 



Early in 1831 the question of the 
succession was agitated. The Legis- 
lature of Pennsylvania had put General 
Jackson in nomination for re-election, 
and he had consented to be a can- 
didate. About the same time the mem- 
bers of his cabinet, for various reasons, 
had ceased to be harmonious. The 
result of this was an entire re-organiza- 
tion of that body, in April, 183 1, with 
the exception of Mr. Barry, who was 
retained as Postmaster-General. In this 
course Jackson acted upon the prin- 
ciple that his cabinet should be a unit. 
In the new organization, Edward 
Livingston, of Louisiana, was made 
Secretary of State; Louis McLane, of 
Delaware, Secretary of the Treasury; 
Lewis Cass, of Ohio, Secretary of War; 
Levi Woodbury, of New Hampshire, 
Secretary of the Navy; and Roger B. 
Taney, of Maryland, Attorney-General. 

On the 4th day of July of this year 
ex-President Monroe died, in the 74th 
year of his age. He was, at the time, 
in New York, with his daughter, Mrs. 
Samuel L. Gouverneur. 

In the meantime a Convention of the 
"National Republicans" was called, to 
meet on the 12th of December, 1831, in 
the city of New York. At this Conven- 
tion Mr. Clay was nominated for the 
Presidency, John Sergeant, of Pennsyl- 
vania, for the Vice-Presidency. During 
the same year, a new party, styling itself 
"Anti-Masonic," put in nomination for 
the same offices, Mr. Wirt, late Attorney- 
General, and Amos Ellmaker, of Penn- 
sylvania. 

The year 1831 is also memorable for 
the election of John Ouincy Adams, 
from Massachusetts, late President, as a 
member of the House to the Twenty- 
second Congress, and the election to the 

Senate of Mr. Clay, from Kentucky, and 
29 



also the election to the same body of 
Mr. Calhoun, of South Carolina, he 
having resigned the office of Vice-Presi- 
dent. 

Among the most notable subjects 
which were agitated during the first ses- 
sion of the Twenty-second Congress — 
which commenced the 5th of December, 
1831, and lasted to the 10th of July, 
1832 — were the re-charter of the Bank 
of the United States, and a modification 
of the tariff of 1828. A bill for the re- 
charter of the bank passed both Houses 




EDWARD LIVINGSTON. 



of Congress, and was vetoed by the 
President upon constitutional and , other 
grounds. The veto was sustained, but 
lost Jackson many friends, as it brought 
most of the moneyed power then in the 
Democratic party into decided opposition 
to his re-election. The tariff bill of 
this session rather increased than dimin- 
ished the opposition to the protective 
policy; for, although it reduced the 
duties on many imported articles, it was 
yet based upon the principle of Federal 
protection to local interests in several 



45° 



HISTOR V OF THE UNI1 



II , c. 11 



States, to the injury of the general inter- 
ests of the country, as was maintained 
by its opponents. 

It was on the j ist of June, 1832, that 
astern plague, known as the Asiatic 
cholera, made its first appearance in the 
United States, in the city oi New York. 
Its rapid spread produced universal 
panic, though it was less fatal in the 
South Atlantic States than in the North 
and in the valley oi the Mississippi. 
Thousands of persons oi all ages and 
conditions died oi it within a few months. 
The most robust constitutions in many 
became victims of its malig- 
nancy within thirty-six hours from its 
first attack. 

During the same year, 1832, a war 
broke out with the Winnebagoes and 

ther Western and Northw . 
tribes of Indians. General Scott was 
put in command of the forces sent 
against them. The war was soon ter- 
minal ed by the capture, on the 27th oi 
of "Black Hawk," the chief 
and si vcral subordinate warriors of note. 

1 l ng die fall of this war, also, came 
o\'i another Presidential election. The 
part\ canvass against General Ja< 
was very bitter, on account of his opposi- 
tion to the protectivi y, and his 
s <>i the bills for internal improve- 
ments and the re-charter of die bank. 

The fust general Convention oi that 
wing, or branch of Jefferson ian Republi- 
who now assumed the distinctive 
name oi Democratic Republican 
ever held in the United States, met in 
Baltimore, on the 21st oi Maw [832, for 
tne sole purpose of nominating .1 candi- 
date for Vice-President to run on a ticket 
with Jackson for the Presidency. On 
the reorganization o( the cabinet as 
stated, Mr. Van Buren hat! been ap- 
ed by the President as Minister to 



England; but the Senate hail refused to 
confirm his nomination. It was under- 
stood that Mr. Win Buren was the ia\ orite 
of Genera] Jackson for the Vicc-Presi- 
dency; but bitterly opposed by leading 
men of his party in different quarters. 

This Convention, after organizing, es- 
tablished two important rules for its 
eminent t hie was that each State should 

be entitled to as many votes in the 

vention as it was to electoral votes 111 its 
college of electors. 

The other was that two-thirds of the 
should be necessary for a choice. 

On the vote for candidates for the 
Vice-Presidency, the count by States 
stood: for Martin Van Buren, of V •. 
York: Connecticut 8 votes, Illinois 2, 
Ohio 21, Tennessee 15, North Carolina 
9, Georgia 11, Louisiana 5, Pennsylvania 
30, Maryland 7, New Jersey S, Missis- 
sippi 4, Rhode Island 4, Maine IO, 
Massachusetts 14, Delaware J, N w 
Hampshire 7, New York 42, Vermont 
~, Alabama 1 ; being in all J 

}'ov Richard M. Johnson, of Kentucky: 
Illinois 2, Indiana o, Kentucky 15; in 
all 2 

For Philip P. Harbour, of Virginia : 
North Carolina 6, Virginia 23, Maryland 
3, South Carolina 1 1, and Alabama 6j in 
all 40. 

It appearing that Martin Van Buren 
had received a majority of more than 
two-thirds of all the \ .11 he was 

declared to be duly chosen. 

The opposition to Jackson and Van 
Buren was very fierce and bitter during 
the canvass, mainly on the grounds oi 
their opposition to the charter of the 
United States Hank, to the protective 
policy, and to a general system oi' in- 
ternal improvements by the general gov- 
ernment. 

A distinct ground of assault on the 



THE ADMINISTRATION OF JACKSON. 



dtt 



-administration was Jackson's indiscrimi- 
nate removal of public officers for a mere 
difference of political opinion, and his 
practice of the doctrine that "to the 
victor belong the spoils of the enemy." * 
Mr. Van Buren was also specially as- 
sailed, because of his instructions while- 
Secretary of State to the United States 
Minister in England relative to the trade 
of the United States with the British 
colonies. 

The general result of the election, with 
all the nominations made as stated, was 
209 electoral votes for Jackson, 49 for 
Clay, and 7 for Wirt. For Vice-Presi- 
dent, the electoral votes stood: for Mar- 
tin Van Buren, 189; for John Sergeant, 
49; for Amos Ellmaker, 7. The vote by 
States for the candidates for the Presi- 
dency stood: 16 for Jackson; 6 for Clay; 
and 1 for Wirt. The sixteen States that 
voted for Jackson were: Maine, New 
Hampshire, New York, New Jersey, 
Pennsylvania, Virginia, North Carolina, 
Georgia,Tennessee, Ohio, Louisiana, Mis- 

. sissippi, Indiana, Illinois, Alabama, and 
Missouri; the six States that voted for 
Mr. Clay were: Massachusetts, Rhode 
Island, Connecticut, Delaware, Maryland, 
and Kentucky; the State that voted for 
Mr. Wirt was Vermont; South Caro- 
lina cast her vote for John Floyd, of Vir- 
ginia, for President; and Henry Lee, of 
Massachusetts, for Vice-President. 

In the meantime a sovereign Conven- 
tion of the people of South Carolina 
was called, which adopted what was 
known as the " Nullification Ordinance." 
The leading features of this were a 
declaration that the Tariff Act of 1832, 
being based upon the principle of protec- 
tion to manufacturers, and not with a 



*This sentiment was attributed to William L. 
Marcy, of New York, a leading supporter of Jackson 
in the Senate. 



view and object of raising revenue, was 
unconstitutional, and, therefore, null and 
void ; and a provision for testing the 
constitutionality of this act before the 
courts of the State ; with a further pro- 
vision that, in case the measures thus 
adopted for the purpose stated should be 
forcibly resisted by the Federal authori- 
ties, then the State of South Carolina 
was declared to be no longer a member 
of the Federal Union. This measure 
was to take effect on the 12th of Febru- 
ary. 1 %33> if before that time the princi- 
ple of levying duties upon imports, not 
with a view to revenue, but for the pro- 
tection of domestic manufactures, should 
not be abandoned by the Congress of 
the States. 

It was in this state of things, after the 
elections of this fall had taken place, that 
the second session of the Twenty-second 
Congress was held in December, 1832. 
The President, in his annual messap; :, 
urged upon the Congress a reduction of 
the tariff. The message gave satisfac- 
tion to the anti-protectionists everywhere. 
This was followed a few days afterwards 
by his celebrated proclamation against 
" Nullification." In this he urged the 
people of South Carolina not to persist 
in the enforcement of their ordinanc •, 
as it would necessarily bring the Fed- 
eral and State authorities in conflict, so 
long as the State retained her place in 
the Union, and her citizens, who should 
take up arms against the United States 
in such conflict, would be guilty of trea- 
son against the United States. 

In speaking of the action of the Con- 
vention of that State he said : 

" The ordinance is founded, not on 
the indefeasible right of resisting acts 
which are plainly unconstitutional, and 
too oppressive to be endured ; but on 
the strange position that any one State 



452 



HISTORY OE THE UNITED STATES. 



Book II , <: 1? 



may not only declare an act of Con- 
gress void, but prohibit *its execution; 
ind that they may do this consist- 
ently with the Constitution; that the 
construction of that instrument 
permits a State to retain its place in the 
Union, and yet be bound by no other of 
s laws than those it may choose to 
consider as constitutional.'' 

This proclamation produced great ex- 
citement in South Carolina and other 
States. Its principles, in some parts, 




HENRY (LAY. 

were thought to be inconsistent with the 
doctrines taught by Jefferson upon the 
subject of the rights of the several 
States ; and by many who did not approve 
of the course of South Carolina, the proc- 
1 imation, taken as a whole, was looked 
r.oon as amounting in substance to a 
denial of the right of secession on the 
part of any State for any cause whatever. 
This was the view taken generally by 
the old Centralists and the extreme ad- 
vocates of State rights ; but the Presi- 



dent afterwards maintained that an er- 
roneous construction had been put upon 
those parts <>f the proclamation referred 
to, and in a full explanation he declared 
his adherence to the principles of Mr. 
Jefferson as set forth in the Kentucky 
and Virginia Resolutions of 1798 and 
1799.* 

Soon after the proclamation was 
issued, Mr. Verplanck, an administration 
member from New York, introduced a 
bill for the further reduction of the 
tariff, and Virginia sent Benjamin 
Watkins Leigh, one of her most 
distinguished statesmen, as a 
commissioner of peace to South 
Carolina, urging her to suspend 
the execution of her ordinance 
at least until the 4th of March, 
as there was some prospect of 
having the tariff policy rightly 
adjusted before that time. This 
1 werture was acceded to by South 
Carolina, and the ordinance sus- 
pended until the time stated. 
\ It was now that Mr. Clay, in 
the Senate, came forward with 
his celebrated '" Tariff compro- 
mise" of 1833. This was based 
upon the principle of an aban- 
donment of the protective policy, 
which had been with him a cher- 
ished object for a number of 
years, and constituted the basis of his 
"American system." The bill provided 
for a gradual reduction of all duties 
then above the revenue standard. One- 
tenth of one-half of all duties for 
protection above that standard was 
to be taken off annually for ten years 
at the end of which period the whole 
of the other half was to be taken off, 
and thereafter all duties were to be 

*See Congressional Globe, cited in War Between 

the States, p. 



THE ADMINISTRATIOA OF JACKSON. 



453 



levied mainly with a view to revenue, 
and not for protection. 

It was on this occasion that Mr. Clay 
displayed the highest qualities of his 
heart and head. His bill, in the main, 
was promptly accepted by Mr. Calhoun, 
and declared by him to be entirely satis- 



as a monument of American eloquence 
— feel much embarrassment in deciding 
as to which one of the contestants should 
be justly awarded the mastery in the ar- 
gument. The proceedings and debates 
of the Convention that framed the Con- 
stitution (which were held with closed 



factory to the people of South Carolina doors), had not, up to that time, been 
as well as the friends of free trade published. Since then they have been 
generally. This measure, with some i given to the public, and they throw a 
modifications, satisfactory to both sides, j flood of light upon the question in sup- 
soon passed the Senate, and went to the port of the position of Mr. Calhoun.* 
House, where it also passed, and 
afterwards received the executive 
approval, on the 2d day of March, 
1833. The Convention of South 
Carolina was reassembled and 
their famous ordinance was 
promptly rescinded. So ended the 
Nullification cmbroglio. 

Pending this adjustment of the 
threatening troubles between the 
State of South Carolina and the 
Federal authorities, occurred the 
great debate between Mr. Calhoun 
and Mr. Webster upon the nature 
and character of the Federal gov- 
ernment. Mr. Calhoun in this 
senatorial conflict held, with Mr. 
Jefferson, that the Constitution 
was "a compact" between the 
several States as sovereign parties 
to it; while Mr. Webster main- 
tained that it was in the nature 
of a social compact, entered 
into by the people of all the States 
consolidated in one mass or political 
community. The debate was on a 
series of resolutions introduced into the 
Senate by Mr. Calhoun. Different opin- 
ions were entertained at the time as to 
the merits of the debate ; but no one, 
thoroughly informed on the subject, can, 
it would seem, at this day, after reading 
the speeches — which will remain forever 




JOHN C. CALHOUN. 



The subject which gave rise to the dis- 
cussion having been disposed of, no vote 
was taken in the Senate upon the resolu- 

*A supplement to Niles' Register, vol. xliii., issued 
May, 1833, contains not only the speeches of Webster 
and Hayne, hut a collection of the ablest debates that 
ever were held in Congress upon Constitutional Ques- 
tions, from the origin of the government up to that 
period, with many other most valuable political papers, 
which a student of history would do well to consult. 
The supplement in itself is a hand-book of politics. 



454 



JES10RY OE THE UNITED STATES. 



Hook II., c. IT 



tions. Mr. Webster's views expressed 
in this debate evidently underwent sub- 
sequent modification.* 

On the 4th of March, 1833, General 
Jackson was duly inaugurated President 
for another four years The oath of 
office was administered by Chief-Justice 
Marshall. The country was again in 
perfect repose. The late adjustment of 
the tariff question had not only been the 
source of gratification, but had given 
general joy throughout the Soutl 




DAN1KI. WEBSTER. 

States ; while the centralizing principles, 
as they were considered, of the late proc- 
lamation, bad won for General Jackson 
"golden opinions" from many of his 
former bitterest opponents. He there- 
lore entered upon his second term under 
apparently most propitious auspices. In 
the spring of 1 833 he made a tour through 
New York and the New England States. 



* Sre War Between the States, vol. 1., p. 301. and 
Reviewers Reviewed. 



He was everywhere received with mani- 
festations of the highest esteem and en- 
thusiasm. The flattering compliment of 
the scholarly distinction of Doctor of 
Laws was conferred upon him by Har- 
vard University. 

This, however, was but a deceptive and 
"weather-breeding" lull in the political 
elements. The storm soon burst forth 
with greater fury and violence than ever 
before. 

Soon after his return to the capital, 
Jackson ordered the deposits of 
public money to be removed from 
the Bank of the United States, 
and to be put in certain State 
banks. William J. Duane, who 
had recently been appointed S - 
retary of the Treasury in place 
of Mr. McLane, declined to ex- 
ecute the order. Duane was 
promptly removed, and Roger B. 
Taney made Secretary of the 
Treasury. This action of the 
President produced great sensa- 
tion and excitement in the country. 
It was the cause of an open war 
between the President and the 
Senate. In this war, Calhoun, 
Clay, and Webster, " the Great 
Trio," as they were called, for the 
first time in their lives were cor- 
dially united in their assaults upon 
the administration. Against this array < >f 
talent stood the indomitable Benton, of 
Missouri, and the accomplished Forsyth, 
of Georgia. A resolution severely cen- 
suring the President, and declaring this 
act of his unconstitutional, passed that 
body. It was now that the united oppo- 
sition throughout the country assumed 
the party name of " Whig." It was the 
revival of the old revolutionary name of 
all those opposed to the exercise of 
unjust and unconstitutional power. Mr. 



THE ADMINISTRATION OF JACKSON. 



45 5 



Calhoun, it is believed, was the author 
of this party designation.* Jackson 
replied to this resolution of censure by 
the Senate, in a paper known as " The 
Protest." This was one of the ablest 
documents ever produced by him. The 
result of this contest was a complete 
triumph of Jackson. The resolution of 
censure was finally expunged from the 
Journal of the Senate by its own order 
to have black lines drawn around it. 
This was on the motion and under the 
lead of Mr. Benton. The whole force of 
the opposition at this time was exerted in 
favor of a re -charter of the bank ; but every 
effort to effect this object signally failed. 

During the fall of 1833 occurred a 
natural phenomenon of a most wonderful 
character. This was on the night of the 
13th of November. It was what was 
known as the "meteoric shower," or the 
" falling of the stars." It was witnessed 
with amazement and astonishment 
throughout the entire limits of the 
United States. 

On the 30th January, 1835, a scene 
occurred at the capitol which produced 
a great excitement, not only in Wash- 
ington, but throughout the country. 
General Jackson with his cabinet were 
attending the funeral ceremonies of 
Warren R. Davis, of South Carolina, 
when, as he was leaving the rotunda for 
his carriage, with the Secretary of the 
Treasury on his left arm, a pistol was 
snapped at him by some one in the 
•crowd. The cap of the pistol only had 
exploded with a loud noise. It was 
thought at first that the President had 
been shot. The party who was seen to 
snap the pistol immediately dropped it 
and drew another ready cocked, pulled 
the trigger and the cap of it also 
exploded. Secretary Woodbury and 
*See Appendix I. 



Lieutenant Gedney seized the person, 
and not only prevented his escape, but 
protected him from the blows of the 
President, who was greatly enraged, and 
was rushing on him furiously with his 
heavy uplifted cane. This unprovoked 
attempt upon the life of General Jackson 
produced a profound sensation every- 
where, which was intensified by the 
acerbity of party feeling then prevailing. 
It was at first thought by General Jack- 
son and his friends, that this assault was 
the result of a conspiracy against his life 
by his political foes. It was soon dis- 
covered that the party was Richard Law- 
rence, a painter, of Washington city, 
laboring under mental aberration. He 
was imprisoned, and brought to trial for 
the attempted assassination, and acquitted 
on a plea of insanity — was sent from the 
jail to a lunatic asylum, where he lived 
for many years an acknowledged mad 
man. General Jackson's escape, how- 
ever, on this occasion, seems to have 
been almost miraculous. Upon exami- 
nation of the pistols, they were both found 
to be heavily loaded with powder and 
balls, and as far as could be discovered; 
nothing was lacking to make the attempt 
effective, and how, under the circum- 
stances, both missed fire, is utterly un- 
accountable, except upon the hypothesis 
of "special Providence." 

On the 20th of May, 1835, the second 
General Convention of the Democratic 
party of the United States, for the 
purpose of nominating candidates for 
the office of President and Vice-Pres- 
ident, convened in the city of Baltimore. 
It was understood that General Jackson 
intended to retire on the expiration of 
his second term. By this convention, 
Martin Van Buren, of New York, was 
put in nomination for the Presidency, 
and Colonel Richard M. Johnson, of 



456 



HISTORY OF THE UNITED STATES. 



Bo k li 



Kentucky, for the Vice-Presidency. In 
the same month William T. Barry was 
appointed Minister to Spain, and Amos 
Kendall succeeded him as Postmaster- 
General. 

On the 6th day of July thereafter, the 
venerable Chief-Justice Marshall died, in 
the eightieth year of his age, and Roger 
B. Taney succeeded him in office. 

The winter of 1834-1835 was noted 
for its great severity throughout the 



Orange trees were killed as far south as 
St. Augustine, Florida, and fig trees 
nearly a hundred years old were killed 
on the coast of Georgia. The ground 
in the interior of this State was covered 
with snow for several weeks. The falls 
of snow in Georgia, on the 14th of Janu- 
ary and 2d and 3d of March, averaged 
from eleven to thirteen inches deep. 

On the night of the 16th of December, 
1835, occurred the great fire in the city 




;L\1 I1K1. IN NKW YORK 



United States. On the 4th of January, I 
1835, mercury congealed at Lebanon, 
New York, and several other places. 
The Chesapeake bay was frozen from its 
head to Capes Charles and Henry. On 
the 8th of February the thermometer fell 
to eight degrees below zero, as far south 
as 34 north latitude. The day before 
— the 7th — is remembered as the "cold 
Saturday" to this day. The Savannah 
river was coated with ice at Augusta. 



of New York, by which, in fourteen 
hours, were consumed over seventeen 
million dollars' worth of property. The 
burnt district covered several acres of 
ground in the most business part of the 
city. 

( )n tin- 28th of the same month an- 
other war broke out with the remaining 
Seminole Indians in Florida, who refused 
to go west, and continued for several 
years. It commenced by the killing of 



THE ADMINISTRATION OF JACKSON. 



457 



Hon. Wiley Thompson, United States 
agent to the tribe, by a party of Indians 
led by Osceola, their great chief. On 
the 28th of December, Major Dade, of 
the United States army, and his com- 
mand of about one hundred men, were 
massacred near Wahoo swamp, on their 
march from Fort Brook to join General 
Clinch, near the Withlacoochee. 

On the 15th day of June, 1836, acts 




COAT OF ARMS OF ARKANSAS. 

were passed for the admission of two 
new States into the Union. These were 
Arkansas and Michigan. 




COAT OF ARMS OF MICHIGAN. 

On the 28th day of June of the same 
year (1836) ex-President James Madison 
died at Montpelier — his residence in 
Virginia — in the 86th year of his age. 

The last year of General Jackson's 
administration was signalized by his re- 
covery from France of the $5,000,000 
indemnity for spoliations on the com- 
merce of citizens of the United States 
which had been agreed upon and settled 
by the treaty of 1831, but the pay- 
ment of which the French House of 
Chambers had resisted for several years, 
and persistently refused to make any 
appropriation to meet it. 

In the Presidential election which 
came off in the fall of the same year, 



the opposition, which at one time was 
so formidable to the administration of 
General Jackson, had been so completely 
discomfited by him, that, in their dis- 
organized condition, they were unable to 
concentrate upon any regular candidates. 
The result of the election was: 170 
electoral votes for Martin Van Buren, 
for President; 14 for Daniel Webster; 
73 for William H. Harrison; 11 for 
Willie P. Mangum, of North Carolina; 
and 26 for Hugh Lawson White, of 
Tennessee. Mr. Van Buren having re- 
ceived a majority was duly declared 
President for the next term. The vote 
by States in this election was: fifteen 
for Mr. Van Buren; seven for General 
Harrison; two for Mr. White, and one 
for Mr. Webster. The fifteen States 
that voted for Mr. Van Buren were: 
Maine, New Hampshire, Rhode Island, 
Connecticut, New York, Pennsylvania, 
Virginia, North Carolina, Louisiana, 
Mississippi, Illinois, Alabama, Missouri, 
Arkansas, and Michigan; the seven that 
voted for General Harrison were: Ver- 
mont, New Jersey, Delaware, Maryland, 
Kentucky, Ohio, and Indiana; the two 
that voted for Mr. White were: Georgia 
and Tennessee ; the one that voted for 
Mr. Webster was Massachusetts. 

The votes of the Electoral Colleges 
for Vice-President were : 147 for Richard 
M. Johnson, of Kentucky; JJ for Fran- 
cis P. Granger, of New York; 47 for 
John Tyler, of Virginia; and 23 for 
William Smith, of Alabama. Neither 
one of the persons voted for as Vice- 
President having received a majority of 
the votes of the colleges, the choice of 
that officer devolved, under the Consti- 
tution, upon the Senate. In the dis- 
charge of this duty the Senate chose 
Colonel Johnson by a vote of 33 against 
16 cast for Mr. Granger. 



458 



HISTORY OF THE UNTIED STAVES. 



Book II.. c. IS- 



The administration of General Jack- 
son was distinguished for many acts of 
foreign as well as domestic policy which 
need not be here recapitulated. Taken 
altogether, it made a deep and lasting 
impression upon the policy and history 
of the States. On his retirement, fol- 
lowing the example of Washington, he 
issued a farewell address, in which he 
evinced the most ardent patriotism and 
the most earnest devotion to the cause 
of constitutional liberty. In view of the 
dangerous centralizing tendencies of the 
times, he said, in this address: 

" It is well known that there have 
always been those among us who wished 
to enlarge the powers of the general 
government, and experience would seem 
to indicate that there is a tendency on 
the part of this government to overstep 
the boundaries marked out for it by the 
Constitution. Its legitimate authority 
is abundantly sufficient for the purposes 
for which it was created; and its powers 
being expressly enumerated, there can 
be no justification for claiming anything 
beyond them. Every attempt to exer- 
cise power beyond these limits should 
be promptly and firmly opposed. For 
one evil example will lead to others still 
more mischievous; and if the principle 
of constructive powers, or supposed ad- 
vantages, or temporary circumstances, 
should ever be permitted to justify the 
assumption of a power not given by the 
Constitution, the general government 
will, before long, absorb all the powers 
of legislation, and you will have, in 
effect, but one consolidated government. 
From the extent of our country, its 
diversified interests, different pursuits, 
and different habits, it is too obvious for 
argument, that a single consolidated 
government would be wholly inadequate 
to watch over and protect its interests. 



And every friend of our free institutions 
should be always prepared to maintain 
unimpaired, and in full vigor, the rights 
and sovereignty of the States, and to con- 
fine the action of the general govern- 
ment strictly to the sphere of its appro- 
priate duties." 

At the expiration of his second term 
he retired from the executive chair to his 
home, near Nashville, Tennessee, where 
he spent the remnant of his days with 
the continued confidence and affection of 
the people, who took pleasure in honor- 
ing him as the " Hero of New ( Means," 
and the "Sage of the Hermitage." 

CHAPTER XVIII. 

ADMINISTRATION OF VAN BUREN. 
(4th of March, 1837 — 4th of March, 1841.) 

His inauguration — Accompanied by General Jackson 
— The new Cabinet — Great financial panic of 1S37 
— Extra session of Congress — Sub-Treasury system 
— Seminole war — Colonel Znchary Taylor — Os- 
ceola — Flag of truce violated by General Jessup — 
Agitation of slavery — Resolutions of Mr. Calhoun, 
1837 — Analysis of the votes on them — Bequest of 
James Smithson — Athcrton's resolutions in the 
I I mse — Analysis of the votes on thcin- 
dential election of 1840 — The candidates and result 
of election — Retirement of Van Buren — Tril 
his administration. 

ARTIN VAN BUREN, the eighth 
President of the United States, 
was inaugurated on the 4th of 
March, 1837, in the fifty-fifth 
year of his age. At 12 o'clock 
on that day, the weather being remark- 
ably pleasant, the President-elect took 
his seat, with his venerable predecessor,. 
General Jackson, in a beautiful phaeton,. 
made from the wood of the frigate Con- 
stitution, and presented to General Jack- 
son by the 1 )cmocracy of the city of 
New York. In this they proceeded 
from the President's house to the capitoL 




THE ADMINISTRATION OF VAN BUR EN. 



459 



After reaching the Senate Chamber a 
procession was formed, and Mr. Van 
Buren, attended by the ex-President, the 
members of the Senate, and of the cab- 
inet, and the diplomatic corps, led the 



pose, in all matters of public policy, to 
follow in the " footsteps of his illustrious 
predecessor." His cabinet consisted of 
John Forsyth, of Georgia, Secretary of 
State; Levi Woodbury, of New Hamp- 



way to the rostrum erected on the ascent shire, Secretary of the Treasury; Joel r 




to the eastern portico. There the in- 
augural address was delivered, in clear 
and impressive tones, and in an easy and 
eloquent manner. At the close of the 
address the oath of office was adminis- 
tered by Chief-Justice Taney. In the 



MARTIN VAN BUREN. 

R. Poinsett, of South Carolina, Secretary 
of War; Mahlon Dickerson, of New 
Jersey, Secretary of the Navy; Amos 
Kendall, of Kentucky, Postmaster-Gen- 
eral, and Benjamin F. Butler, of New 
York, Attorney-General. All these gen- 



address Mr. Van Buren indicated his pur- J tlemen were in these offices respectively 



.460 



J j IS 7 OA'V ( >/■ J HE I '. \ 1 7 ED S J A 1 ES. 



I I , c. 13 



at the time under General Jackson, ex- 
cept Mr. Poinsett, who took the place of 
General Cass in the War Department, as 
he had lately before been appointed 
minister to France. 

Soon after Mr. Van Burcn became 
President occurred a great commercial 
crisis. This was in April, 1837, an< J 
wa 5 occasioned by a reckless spirit of 
speculation, which had, for two or three 
preceding years, been fostered and en- 
couraged by excessive banking, and the 
consequent expansion of paper currency 
beyond all the legitimate wants of the 
country. During the months of March 
and April of this year the failures in 
N w York city alone amounted to over I 
$ 1 CO.OOO.OOO. The state of affairs be- 
came so distressing, that petitions were 
sent to the President from several quar- 
. and a deputation of merchants and 
bankers of New York waited upon him 
in person, and solicited him to defer the 
immediate collection of duties, for which 
bonds had been given, and to rescind 
the treasury orders which had been 
issued under Jackson's administration, 
requiring dues to the government to be 
paid in specie. The) - also asked that an 
extra session of Congress should be 
called to adopt measures of relief. He 
granted their request so far only as to 
suspend suits on bonds, which had been 
given for the collection of duties. In a 
few days after his response to this depu- 
tation was made known in New York, 
all the banks in that city stopped specie 
payments, and their example was soon 
followed by nearly all the banks in all 
the States. In this emergency, Mr. 
Van Buren was compelled to convene an 
extra session of Congress, to provide for 
meeting demands on the treasure with 
legal currency. Me accordingly sum- 
moned the Twentv-fifth Congress to 



meet at the capitol on the 4th day ol 
September, 1837. The session laste.l 
five or six weeks. In his message to 
Congress, Mr. Van Buren assigned as th 
causes of the unhappy condition of th'' 
country, the excessive issues of bank- 
paper; the great fire in New York, in 
December, 1835 ; the large investments 
that had been made in unproductive 
lands, and other speculative enterprises. 
To meet the exigencies of the treasury, 
as well as to provide for the public relief, 
as far as to them seemed proper, Con- 
gress passed an act authorizing'the issue 
of treasury notes to the amount of 
$10,000,000. 

The policy of the administration now- 
adopted, for the collection and trans- 
mission of the public funds, was known 
as the " Sub-Treasury System." It was 
all done by and through the officers of 
the government without the agency of 
any banking institution. On this finan- 
cial system, characterized as a divorce 
of the government from the banks, Mr. 
Calhoun separated from Messrs. Clay 
and Webster in their opposition to the 
Democratic organization. He advocated 
this divorce with all his ability; while 
they, in like manner, opposed it. The 
war with the small remnant of Seminole 
Indians still remaining in Florida was 
not yet closed. Colonel Zachary Tay- 
lor, being chief in command at that time 
in that quarter, on the 5th of December, 
1837, with a small force completely 
routed their warriors, by which he ac- 
quired considerable distinction ; but the 
retreating foe sought refuge in the Ever- 
glades, where they remained some time 
longer. 

Before this, Osceola, their chief, had 
been seized by General Jessup, with some 
of his subordinates who visited Jessup's 
camp under a flag of truce. They were 




( 4 6i) 






II IS JOKY OF THE UNITED STATES. 



Bo >k I I.e. 18 



;ill retained as prisoners, and Osceola In speaking of the war lie complained of 
himself was sent to Fort Moultrie, near the injustice of the published reports of 
Charleston, S. C, where he languished | battles, and said: "The white folks had the 




OSCEU1.A, CHIEF OF THE SEMINOLES. 



in a state of melancholy, and ultimately newspapers ; the Indians had no news- 
died of a fever in 1838. With all his j papers ; the Indians had no fair showing." 
iaults, he possessed some heroic qualities. I General Jessup can hardly be excused. 



THE ADMINISTRATION OF VAN BUR EN. 



463 



though he was dealing with foes known 
to be treacherous. A flag of truce should 
ever be held sacred, even when pre- 
sented by the lowest type of savages. 
Osceola himself was not of this grade, 
whatever some of his allies may have 
been. 

The two questions which produced the 
greatest excitement and agitation of the 
public mind during Mr. Van Buren's 
administration were the Sub-Treasury 
System, and the abolition of negro 
slavery, as it then existed in the District 
of Columbia. The opposition to the 
financial policy of the administration was 
led in the Senate by Mr. Clay and Mr. 
Webster, and conducted with a great deal 
of ability, power and eloquence. It was 
successfully sustained in the same body 
by Mr. Calhoun, Mr. Benton, and Mr. 
Silas Wright, of New York. 

The agitation of the slavery question 
in the District was led by Ex-President 
John Quincy Adams in the House. He 
became the great agitator on this subject 
soon after his entrance in the House, in 
December, 1831. He commenced it by 
presenting memorials and petitions. At 
first, very little attention was paid to these 
petitions ; but his course soon produced 
considerable excitement. This continued 
to increase, and, in 1837, it became an 
absorbing topic, not only in Congress, 
but throughout the States. The peti- 
tions at first presented by him related to 
the District ; but at this time embraced 
not only the District, but the States. It 
was pending this agitation, so produced, 
that Mr. Calhoun, on the 28th of De- 
cember, 1837, introduced into the Senate 
another series of resolutions, similar in 
substance to those submitted by him in 
1833, upon the nature and character of 
the Federal government. At this time 
he pressed a vote; and after an exciting 



debate, the series passed that body in 
January, 1838. These are the resolu- 
tions then adopted by the Senate : 

" I. Resolved, That in the adoption of 
the Federal Constitution, the States adopt- 
ing the same acted, severally, as free, in- 
dependent, and sovereign States ; and that 
each, for itself, by its own voluntary 
assent, entered the Union with the view 
to its increased security against all dan- 
gers, domestic as well as foreign, and the 
more perfect and secure enjoyment of 
its advantages, natural, political, and so- 
cial. 

" II. Resolved, That in delegating a 
portion of their powers, to be exercised 
by the Federal government, the States 
retained, severally, the exclusive and sole 
right over their own domestic institutions 
and police, to the full extent to which 
those powers were not thus delegated, 
and are alone responsible for them ; and 
that any intermeddling of one or more 
States, or a combination of their citizens, 
with the domestic institutions and police 
of the others, on any ground, political, 
moral, or religious, or under any pretext 
whatever, with a view to their alteration 
or subversion, is not warranted by tin- 
Constitution, tending to endanger the 
domestic peace and tranquillity of the 
States interfered with, subversive of the 
objects for which the Constitution was 
formed, and, by necessary consequence, 
tending to weaken and destroy the Union 
itself. 

" III. Resolved, That this government 
was instituted and adopted by the sever; I 
States of this Union as a common agent, 
in order to carry into effect the powers 
which thc\- had delegated by the Consti- 
tution for their mutual security and pros- 
perity ; and that, in fulfilment of this high 
and sacred trust, this government is 
bound so to exercise its powers as not 



464 



J1IST0RY OF THE UNITED STATES. 



Book [I.,c. i» 



to interfere with the stability and security 
of the domestic institutions of the States 
that compose this Union ; and that it is 
the solemn duty of the government to 
resist to the extent of its constitutional 
power, all attempts by one portion of the 
Union to use it as an instrument to at- 
tack the domestic institutions of another, 
or to weaken or destroy such institu- 
tions. 

"IV. Resolved, That domestic slavery, 
as it exists in the Southern and Western 
States of this Union, composes an im- 
portant part of their domestic institutions, 
inherited from their ancestors, and exist- 
ing at the adoption of the Constitution, 
by which it is recognized as constituting 
an important element in the apportion- 
ment of powers among the States, and 
that no change of opinion or feeling, on 
the part of the other States of the Union 
in relation to it, can justify them or their 
citizens in open and systematic attacks 
thereon, with a view to its overthrow, 
and that all such attacks are in manifest 
violation of the mutual and solemn 
pledge to protect and defend each other, 
given by the States respectively, on en- 
tering into the constitutional compact 
which formed the Union, and as such, 
are a manifest breach of faith, and a 
violation of the most solemn obliga- 
tions. 

"V. Resolved, That the interference by 
the citizens of any of the States, with 
the view to the abolition of slavery in this 
District, is endangering the rights and 
security of the people of the District; 
and that any act or measure of Congress 
designed to abolish slavery in this Dis- 
trict, would be a violation of the faith 
implied in the cessions of the States of 
Virginia and Maryland, and just cause 
of alarm to the people of the slavehold- 
ing States, and have a direct and inevita- 



ble tendency to disturb and endanger the 
Union. 

". bid Resolved, That any attempt of 
Congress to abolish slavery in any Terri- 
tory of the United States in which it 
exists, would create serious alarm and 
just apprehension in the States sustain- 
ing that domestic institution; would be a 
violation of good faith towards the in- 
habitants of any such Territory who 
have been permitted to settle with and 
hold slaves therein, because the people 
of any such Territory have not asked for 
the abolition of slavery therein; and be- 
cause, when any such Territory shall be 
admitted into the Union as a State, the 
people thereof will be entitled to decide 
that question exclusively for themselves." 

The vote on the adoption of the first 
of these resolutions was, per capita, 32 to 
13. By States, the vote stood, in the 
Senate 18 for it and 6 against it; one 
State was divided, and one did not vote. 

The following is the vote by St. 
Ayes: Alabama, Arkansas, Connecticut, 
Georgia, Illinois, Kentucky, Louisiana, 
Mississippi, Missouri, Michigan, Maine, 
North Carolina, New Hampshire, V w 
York, South Carolina, Pennsylvania, 
Tennessee, and Virginia — 18. 

Nays: Delaware, Indiana, Massachu- 
setts, New Jersey, Rhode Island, and 
Vermont — 6. Divided, Ohio. Not 
voting, Maryland. 

The vote on the second of these reso- 
lutions stood, per capita, 31 in favor of it 
to 9 against it. By States the vote on 
this resolution was 20 for it, and only 4 
against it; one divided and one not 
voting. The votes by States on this 
resolution were: 

Ayes: Alabama, Arkansas, Connecti- 
cut, Delaware, Georgia, Illinois, Ken- 
tucky, Louisiana, Maine, Michigan, Mis- 
sissippi, Missouri, New Hampshire, North 



THE ADMINISTRATION OF VAN BUR EN. *£* 

Carolina, New York, South Carolina, against it. On the second clause of it, 
Tennessee, Virginia, Pennsylvania, and the vote by States was 19 for it and 3 



Maryland — 20. 

Nays: Indiana, Massachusetts, New 
Jersey, Vermont — 4. Divided, Ohio, I. 
Not voting, Rhode Island, 1.* Three- 
fourths of the States voted for this 
resolution, enough to have amended 
the Constitution according to its pro- 
vision, if they had been in convention 
for that purpose. 



against it; 3 were divided and 1 did not 
vote. 

The adoption by the Senate of these 
resolutions, to which he had given a 
cordial support, Mr. Clay thought would 
quiet agitation upon the subject. In 
this, however, he was mistaken. 

On the 1st of September of this year 
(1838}, the United States, by their agent, 




THE SMITHSONIAN INSTITUTION. 



The vote on the third resolution was, 
per capita, 31 in favor of it, and 1 1 against 
it. By States, the vote on this resolution 
was 16 in favor of it, and only 4 against it ; 

3 were divided and 3 did not vote. On the 
fourth resolution the vote stood, per capita, 
34 for it, and only 5 against it. By 
States, on this, the vote was 18 for it, and 
only 2 against it; 2 were divided and 

4 did not vote. On the fifth resolution the 
vote was, per capita, 36 in favor of it and 8 

* For all these votes, see Congressional Globe, 2(1 
session, 25th Congress, p. 74, et seq. 
30 



received the liberal donation which was 
bequeathed to them in trust for the 
"general diffusion of knowledge among 
men," by James Smithson, an English- 
man, which constitutes the endowment 
of the Institute in Washington city that 
bears his name. The amount of the 
legacy received, in American coin, was 
#575.i69. 

The agitation of the subject of slavery 
in the House was renewed by the aboli- 
tionists with increased bitterness, at the 
next session of Congress, which com- 



4^-5 



HISTORY OF THE CXI TED STATES. 



Book II., c 15 



menced in December, 1838. Early in 
this session, Mr. Atherton, of New 
Hampshire, introduced a scries of resolu- 
tions in that body covering the whole 
subject, especially the powers of the 
Federal government over it, which be- 
came quite famous at the time.* The 
first of his resolutions was in these 
words : 



right to do that indirectly which it can- 
not do directly, and that the agitation of 
the subject of slavery in the District of 
Columbia or the Territories, as a means, 
and with a view, of disturbing or over- 
throwing that institution in the several 
States, is against the true spirit and * 
meaning of the Constitution, an infringe- 
ment of the rights of the States affected, 



"Resolved, That this government is a ■ and a breach of the public faith upon 



government of limited powers, and that, 
by the Constitution of the United States, 
Congress has no jurisdiction whatever 
over the institution of slavery in the 
several States of the Confederacy." 

This resolution passed the House by 
a vote of 194 to 6. The six votes against 
it were: Mr. Adams, of Massachusetts, 
Mr. Evans, of Maine, Mr. Everett, of 
Vermont, Mr. Potts, of Pennsylvania, 
Mr. Russell, of New York, and Mr. 
Slade, of Vermont. 

The vote on this resolution, viewed in 
reference to the States, shows that it re- 
ceived the sanction, by their duly ap- 
pointed representatives, of every member 



of the " Confederated Republic " or "Con- i^ifth and last of Mr. Atherton's resolu- 



federacy," as they then styled the Fed- 
eral Union. The second of Mr. Ather- 
ton's resolutions was in these words: 
"Resolved, That petitions for the aboli- 



which they entered into the Confed- 
eracy." 

The vote on this resolution was, 164 
in favor of it, and 40 against it. The 
fourth of this series was in these words: 

"Resolved, That the Constitution rests 
on the broad principle of equality among 
the members of this Confederacy, and 
that Congress, in the exercise of its ac- 
knowledged powers, has no right to 
discriminate between the institutions of 
one portion of the States and another, 
with a view of abolishing the one and 
promoting the other." 

The vote on this resolution was, 174 
in favor of it, and 24 against it. The 



tions was in these words : 

"Resolved, That all attempts on the 
part of Congress to abolish slavery in 
the District of Columbia or the Terri- 



tion of slavery in the District of Jolum- torics, or to prohibit the removal of 
hi a and the Territories of the United slaves from State to State, or to discrim- 



States, and against the removal of slaves 
from one State to another, are a part of 
a plan of operation set on foot to affect 



inate between the institutions of one 
portion of the Confederacy and another, 
with the view aforesaid, are in violation 



the institution of slavery in the Southern of the Constitution, destructive of the fun- 
States, and thus indirectly to destroy that damental principle on which the Union 



institution within their limits." 

On this resolution the vote stood, 136 
for it, and 65 against it. 

The third resolution was in these 
words : 

"Resolved, 



That Congress has no 



* See Congressional Glolie, December, 1838. 



of these States rests, and beyond the 
jurisdiction of Congress ; and that every 
petition, memorial, resolution, proposi- 
tion, or paper, touching or relating in 
any way, or to any extent whatever, to 
slavery, as aforesaid, or the abolition 
thereof, shall, on the presentation thereof, 



THE ADMINISTRATION OF VAN BUR EN. 



467 



without any further action thereon, be 
laid upon the table, without being de- 
bated, printed, or referred." 

The vote on the first branch of this 
resolution was, 146 in favor and 52 
against it; on the second branch of the 
resolution the vote stood, 126 for it and 
yS against it. 

After this clear and explicit declara- 
tion by the unanimous voice of the 
States in the House, as to the powers of 
Congress over the subject, and after the 
equally explicit declaration of so over- 
whelming a majority of that body as to 
the future policy to be pursued by them 
in reference to it, it was again thought, 
not only by Mr. Clay, but by most of 
the public men of the country, that this 
exciting agitation, so materially affecting 
the harmony, peace, and permanency of 
the Union, would be abandoned. But 
the Anti-Slavery or Abolition party, 
which was organized a few years before, 
and which by its affiliated associations in 
several of the Northern States stirred up 
the agitation, cared nothing for con- 
stitutional restraints; they did not wish 
to preserve any Union of the States 
under any such Constitution. The Con- 
stitution as it was, the chief of their 
leaders openly proclaimed to be nothing 
but " a covenant with death, and an 
agreement with hell." The agitation 
therefore did not cease, as we shall see. 

Another Presidential election came off 
in the fall of 1840. The principal issues 
in this contest were the re-charter of a 
National Bank, the Sub-Treasury system, 
extravagant appropriations, defalcations, 
and profligacy of numerous subordinate 
officers. 

The "gold spoons" furnished the 
Executive mansion figured prominently 
in the canvass. Neither of the two 
great parties at that time had any avowed 



connection with the Anti-Slavery or 
Abolition agitators. The contest was 
an exciting one over the leading meas- 
ures and practices of the administration. 
All the opposing elements still holding 
the name of Whig united under that 
banner. This party had held a general 
convention at Harrisburg, Pennsylvania, 
on the 4th of December, the year before, 
for the purpose of nominating candidates 
for President and Vice-President. It 
was generally supposed that Mr. Clay 
would there receive the nomination. 
But his course on the tariff compromise 
of 1833 had greatly weakened him with 
the protectionists. When he adopted 
that course he was told it would lose 
him the Presidency. His reply at the 
time was, " I would rather be right than 
be President." The result of the con- 
vention's action was the nomination of 
General William Henry Harrison, of 
Ohio, for President, and John Tyler, of 
Virginia, for Vice-President. The Dem- 
ocratic party held their general conven- 
tion in Baltimore, on the 5th of May, 
1840. 

The following is the platform of prin- 
ciples then adopted and announced : 

"1. Resolved, That the Federal govern- 
ment is one of limited powers, derived 
solely from the Constitution, and the 
grants of power shown therein ought to 
be strictly construed by all the depart- 
ments and agents of the government, 
and that it is inexpedient and danger- 
ous to exercise doubtful constitutional 
powers. 

" 2. Resolved, That the Constitution does 
not confer upon the general government 
the power to commence and carry on a 
general system of internal improvements. 

" 3. Resolved, That the Constitution 
does not confer authority upon the Fed- 
eral government, directly or indirectly, to 



468 



HISTORY OF THE UNITED STATES. 



Book II., c. IS 



assume the debts of the several States, 
contracted for local internal improve- 
ments or other State purposes ; nor 
would such assumption be just or expe- 
dient. 

"4. Resolved, That justice and sound 
policy forbid the Federal government to 
foster one branch of industry to the det- 
riment of another, or to cherish the 
interests of one portion to the injury of 
another portion of our common country 
— that every citizen and every section 
of the country has a right to demand 
and insist upon an equality of rights and 
privileges, and to complete and ample 
protection of persons and property from 
domestic violence or foreign aggression. 

"5. Resolved, That it is the duty of 
every branch of the government to en- 
force and practice the most rigid econ- 
omy in conducting our public affairs, 
and that no more revenue ought to be 
raised than is required to defray the 
necessary expenses of the government. 

"6. Resolved, That Congress has no 
power to charter a United States Bank ; 
that we believe such an institution one 
of deadly hostility to the best interests 
of the country, dangerous to our repub- 
lican institutions and the liberties of the 
people, and calculated to place the busi- 
ness of the country within the control 
of a concentrated money power, and 
above the laws and the will of the 
people. 

"7. Resolved, That Congress has no 
power under the Constitution to inter- 
fere with or control the domestic institu- 
tions of the several States ; and that 
such States are the sole and proper 
judges of everything pertaining to their 
own affairs, not prohibited by the Con- 
stitution ; that all efforts, by abolitionists 
or others, made to induce Congress to 
interfere with questions of slavery, or to 



take incipient steps in relation thereto, 
are calculated to lead to the most alarm- 
ing and dangerous consequences, and 
that all such efforts have an inevitable 
tendency to diminish the happiness of 
the people, and endanger the stability 
and permanence of the Union, and ought 
not to be countenanced by any friend to 
our political institutions. 

" 8. Resolved, That the separation of the 
moneys of the government from banking 
institutions is indispensable for the safety 
of the funds of the government and the 
rights of the people. 

"9. Resolved, That the liberal principles 
embodied by Jefferson in the Declaration 
of Independence, and sanctioned in the 
Constitution, which makes ours the land 
of liberty and the asylum of the op- 
pressed of every nation, have ever been 
cardinal principles in the Democratic 
faith ; and every attempt to abridge the 
present privilege of becoming citizens, 
and the owners of soil among us, ought 
to be resisted with the same spirit which 
swept the alien and sedition laws from 
our statute book. 

"Whereas, Several of the States which 
have nominated Martin Van Buren as a 
candidate for the Presidency, have put 
in nomination different individuals as 
candidates for Vice-President, thus indi- 
cating a diversity of opinion as to the 
person best entitled to the nomination ; 
and whereas, some of the said States are 
not represented in this convention ; there- 
fore, 

"Resolved, That the convention deem it 
expedient at the present time not to 
choose between the individuals in nom- 
ination, but to leave the decision to their 
Republican fellow-citizens in the several 
States, trusting that before the election 
shall take place, their opinions will be- 
come so ' concentrated as to secure the 



THE ADMINISTRATION OF HARRISON. 



469 



choice of a Vice-President by the elec- 
toral college.' " 

Mr. Van Buren was unanimously 
nominated by that body for President. 
But as the convention could not agree 
upon any candidate for Vice-President, 
the nomination of this officer was left to 
the party in each State severally. The 
result of the election, after a heated can- 
vass, was 234 electoral votes for Har- 
rison for President, and 234 for John 
Tyler for Vice-President. Mr. Van 
Buren received 60 electoral votes for 
President ; Richard M. Johnson, of Ken- 
tucky, received 48 for Vice-President ; 
Littleton W. Tazewell, of Virginia, 1 1 ; 
and James K. Polk, of Tennessee, 1. 
The vote for President by States stood 
19 for General Harrison, and 7 for Mr. 
Van Buren. The nineteen States that 
voted for General Harrison were: Maine, 
Massachusetts, Rhode Island, Connecti- 
cut, Vermont, New York, New Jersey, 
Pennsylvania, Delaware, Maryland, North 
Carolina, Georgia, Kentucky, Tennessee, 
Ohio, Louisiana, Mississippi, Indiana, 
and Michigan ; the seven that voted for 
Mr. Van Buren were : New Hampshire, 
Virginia, South Carolina, Illinois, Ala- 
bama, Missouri, and Arkansas. 

Mr. Van Buren having lost his re- 
election, at the close of his term, on the 
4th of March, 1841, retired to his home 
at Kinderhook, New York. One re- 
remarkable feature of his administration 
was that the veto power was not exercised 
by him in a single instance. A writer 
of note, in speaking of his administra- 
tion, as a whole, says: 

" The great event of General Jackson's 
administration was the contest with the 
Bank of the United States, and its de- 
struction as a Federal institution — that 
of Madison's was the war — while Jeffer- 
son's was a general revolution of the 



anti-Democratic spirit and policy of the 
preceding administration. The great 
event of Mr. Van Buren's administration, 
by which it will be hereafter known and 
designated, is, the divorce of Bank and 
State in the fiscal affairs of the Federal 
government, and the return, after half a 
century of deviation, to the original de- 
sign of the Constitution." 

CHAPTER XIX. 

ADMINISTRATIONS OF HARRISON AND TYLER. 
(4th March, 1841 — 4th March, 1845.) 

Inauguration scenes — Harrison, a Jeffersonian Repub- 
lican — Extract from his inaugural — The new Cabi- 
net — Extra session of Congress called — Death of 
Harrison — John Tyler, Vice-President, becomes 
President — Twenty-seventh Congress known as the 
Whig Congress — Tyler a strict-constructionist — Di- 
vision of Whig party — Resignation of all the cabi- 
net except Webster — The new cabinet — Repeal of 
Sub-Treasury Act and an act of bankruptcy estab- 
lished — Clay, the leader of the Whigs, opposed to 
the administration — Rives and Wise, of Virginia, 
the defenders of the President — Scene in the House 
on motion to censure Mr. Adams for presenting 
the petition for the dissolution of the Unipn — Mr. 
Clay retires from the Senate — The Tariff Bill of 
1842 — The great treaty of Washington — The Dorr 
rebellion in Rhode Island — Mr. Webster's retire- 
ment from the cabinet — Other changes in the 
cabinet — Mr. Adams' Pittsburgh speech in Novem- 
ber, 1843 — The Twenty-eighth Congress largely 
Democratic— Repeal of the 21st Rule — Theaccident 
on the Princeton — Death of two members of the 
cabinet — Mr. Calhoun made Secretary of State — 
Treaty with Texas rejected by the Senate — Presi- 
dential election of 1844 — The candidates and the 
result — The Texas question absorbs all others in the 
canvass — On second se>sion of Twenty-eighth Con- 
gress divers plans for the annexation of Texas — 
Milton Brown's resolution — Benton's alternate pro- 
position — Brown's adopted — Tyler's retirement — 
His administration. 

ILLIAM H. HARRISON, the 
ninth President of the Unitedi 
States, was inaugurated on the 
4th of March, 1841, in the 69th 
year of his age. The city of 
Washington was thronged with people, 




470 



HISTORY OF THE UNITED STATES. 



BOOK II..C. 19 



many of whom were from the most 
distant States of the Union. A proces- 
sion was formed from his hotel quarters 
to the Capitol. The President-elect was 
mounted upon a white charger, accom- 
panied by several personal friends, but 
his immediate escort were the officers 
and soldiers who had fought under him. 
The inaugural address was delivered on 
a platform erected over the front steps 
of the portico of the east front of the 
capitol. The oath of office was admin- 
istered by Chief-Justice Taney, before an 
audience estimated by many at Oo.COO. 




WILLIAM HENRY HARRISON. 

Harrison had been a warm supporter 
of Mr. Jefferson in 1800, though he had 
received and held office under the elder 
Adams, lie belonged to the strict con- 
struction school of politics of that day. 
But very discordant elements on political 
matters had united in supporting his 
election, and, therefore, great anxiety was 
felt as to what line of policy he would 
pursue in the executive chair on the 
disturbing questions which were agitating 
the public mind, at the time of his eleva- 
tion to the chief magistracy. Its indica- 



tion was looked for in his inaugural 
address. This was written and read by 
him; it was long, and went into a full 
review of all subjects of general public 
interest. In its delivery " his voice 
never flagged, but to the end retained 
its full and commanding tone. As 
he touched on successive topics lying 
near the hearts of the people, their 
sympathy with his sentiments was mani- 
fested by shouts which broke forth 
involuntarily from time to time; and 
when the reading of the address was 
concluded, they were renewed and pro- 
longed without restraint." 

Among other things in this address, 
which were particularly gratifying to the 
friends of the Union under the Constitu- 
tion everywhere, was the following: 

"Our Confederacy, fellow-citizens, can 
only be preserved by the same forbear- 
ance. Our citizens must be content with 
the exercise of the powers with which 
the Constitution clothes them. The at- 
tempt of those of one State to control 
the domestic institutions of another, can 
only result in feelings of distrust and 
jealousy, and are certain harbingers of 
disunion, violence, civil war, and the 
ultimate destruction of our free institu- 
tions. Our Confederacy is perfectly 
illustrated by the terms and principles 
governing a common copartnership. 
There, a fund of power is to be exercised, 
under the direction of the joint counsels 
of the allied members; but that which 
has been reserved by the individuals is 
intangible by the common government, 
or the individual members composing it. 
To attempt it finds no support in the 
principles of our Constitution." 

The new cabinet consisted of Daniel 
Webster, of Massachusetts, Secretary of 
State; Thomas Ewing, of Ohio, Secre- 
tary of the Treasury; George E. Badger, 



THE ADMIN1S1RA1I0N OF TYLET. 



4/1 



of North Carolina, Secretary of the 
Navy; Francis Granger, of New York, 
Postmaster-General; and John J. Critten- 
den, of Kentucky, Attorney-General. 

On the 17th of March, the President 
issued his proclamation calling an extra 
session of Congress, to meet on Monday, 
the last day of May ensuing. He, how- 
ever, did not live to meet them. On 
the 27th of March, he was seized with a 
violent attack of pneumonia, or bilious 
pleurisy, which, baffling all medical skill, 
terminated fatally on the 4th of April — 
just one month from the day of his in- 
auguration. 

The office of President now, for the 
first time under the Constitution, devolved 
upon the Vice-President. This office 
was then filled, as we have seen, by John 
Tyler, of Virginia. He was not in the 
city of Washington at the time of the 
death of President Harrison. But im- 
mediately upon receiving intelligence of 
that sad event — which filled the whole 
country with gloom and mourning — he 
repaired thither as soon as possible; 
and, after taking the oath of office, pre- 
scribed by the Constitution for the Presi- 
dent, before Judge Cranch, Chief-Justice 
of the District of Columbia, became tenth 
President of the United States. On the 
9th of April he issued, through the 
public prints, an address to the people 
of the United States, in the form of a 
usual Presidential inaugural. 

Mr. Tyler, at this time, was in the 
52d year of his age. In this address 
there was no indication of a different 
line of policy from that announced in 
the inaugural of General Harrison. The 
same members of the cabinet appointed 
by General Harrison were retained in 
their respective positions. 

The Twenty-seventh Congress, which 
became memorable as the " Whig Con- 



gress," convened on the 31st of May, 
1 841, under the proclamation which had 
been issued by General Harrison. The 
discordant elements of which it was 
composed, that had combined against 
the late administration of Mr. Van Buren, 
though largely in the majority when 
united, yet from opposing views among 
themselves upon many questions of 
public policy, soon came to open rup- 
ture. Mr. Tyler himself, who had 
always been a strict constructionist, soon 
found himself at variance in principle 
with a majority of both Houses of Con- 
gress, upon many matters of public 




JOHN TYLER. 

interest then brought forward. A bill 
was passed for the creation of an institu- 
tion known as "The Fiscal Bank of the 
United States." This he vetoed. The 
veto was sustained for lack of a two- 
thirds majority in favor of the bill. 
Another bill of like character was passed 
under the title of " The Fiscal Corpora- 
tion of the United States;" this was 
likewise vetoed, and in like manner 
failed to become a law. These vetoes 
were sustained generally by the strict 
constructionists, irrespective of party, 
in all sections of the country. But they 
led to an immediate reorganization of 



472 



HISTORY OF THE UNITED STATES. 



Cook II. c 10 



the cabinet. All the members appointed 
by General Harrison resigned, except 
Mr. Webster. The persons appointed 
to fill their places were: Walter Forward, 
of Pennsylvania, Secretary of the Treas- 
ury; John C. Spencer, of New York, 
Secretary of War; Abel P. Upshur, of 
Virginia, Secretary of the Navy; and 
Hugh S. La Gare, of South Carolina, 
Attorney-General. These new members 
were all prominent Whigs of the strict 
construction school, who sustained the 
President. The party was now com- 
pletely divided, not only in Congress, 
but throughout the country. Mr. Clay 
headed the opposition to the administra- 
tion in the Senate, and Mr. Wa'se, of 
Virginia, was one of its chief defenders 
in the House. 

The session was brought to a close on 
the 13th day of September, after passing 
an act for the repeal of the Sub-Treas- 
ury, and an act providing uniform Rules 
of Bankruptcy in the United States. 
This latter act was very unpopular in 
many places on account of some of its 
features, which were held by many to be 
unconstitutional. 

The second session of the Twenty- 
seventh Congress met in December, 1841, 
and continued in session until August, 
1842. It was the longest session ever 
before held, and became notable for 
many things. The opposing wings of 
the Whigs met in no good temper 
towards each other. Quite a scene 
occurred in the House on the 24th day 
of January. On this day Mr. Adams, of 
Massachusetts, presented a petition from 
citizens of Haverhill, Massachusetts, 
praying the immediate adoption of meas- 
ures peaceably to dissolve the Union of 
these States, signed by Benjamin Emer- 
son and forty-five others, in which the 
reasons for the petition were set forth, 



"with instructions to report an answer to 
the petitioners, showing the reasons why 
the prayer of it ought not to be granted." 
On this ensued a running debate, full of 
acrimony, as to the reception of the 
petition, which finally resulted in a very 
indiscreet motion by Mr. Gilmer, a 
Democrat, of Virginia, declaring that 
"the member from Massachusetts has 
justly incurred the censure of the 
House." On the following day, January 
25th, 1842. Mr. Marshall, a Whig, of 
Kentucky, more indiscreetly offered, as 
a substitute for Mr. Gilmer's resolution, 
a preamble and resolutions reciting his 
views of the nature of the Federal gov- 
ernment and character of the Constitu- 
tion, and declaring that Mr. Adams for 
his act in presenting the petition "might 
well be held to merit expulsion from the 
National councils," and that "the House 
deem it an act of grace and mercy, when 
they only inflict upon him their severest 
censure for conduct so utterly unworthy 
of his past relations to the State, and his 
present position." The subject was taken 
up daily and discussed, among others, by 
Mr. Marshall, Mr. Underwood, Mr. Wise, 
Mr. Gilmer, Mr. Arnold and Mr. Adams, 
until the 7th of February, 1842, when, 
upon motion of Mr. Botts, of Virginia, 
it was resolved to lay the whole subject 
upon the table. During the long and 
acrimonious discussion resulting from 
his presentation of the petition, Mr. 
Adams conducted his defence with great 
adroitness and ability. On the same day 
that the House tabled the resolutions of 
censure, it refused, by a vote of 40 yeas 
to 166 nays, to receive the petition. 
When Mr. Marshall offered his substitute 
for Mr. Gilmer's resolution and supported 
it in a speech, Mr. Adams then contented 
himself by way of answer to Mr. Mar- 
shall in asking and having read by the 



THE ADMINISTRATION OF TYLER. 



473 



clerk of the House the first paragraph 
of the Declaration of Independence, and 
saying, first repeating after the clerk 
" right and duty to alter or abolish it," 
"Now, sir, if there is a principle sacred 
on earth, and established by the instru- 
ment just read, it is the right of the 
people to alter, to change, to destroy 
their government, if it becomes oppres- 
sive to them. There would be no such 
right existing, if the people had not the 
power, in pursuance of that right, to 
petition for it." 

Mr. Clay, of the Senate, was the 
recognized leader of the majority of his 
party. The minority were called " Tyler 
Whigs," and led in the Senate by Wil- 
liam C. Rives, of Virginia, and in the 
House by Henry A. Wise, of the same 
State. There was no renewal of an 
effort to establish a bank ; but the tariff 
.was again agitated. This was the year 
when, according to the Compromise 
Act of 1833, the duties were to be regu- 
lated on a revenue standard. The 
protectionists, however, made a new 
rally. On the 31st of March, 1842, Mr. 
Clay resigned his seat in the Senate, and 
retired to his home at Ashland, near 
Lexington, Kentucky. A new Tariff 
bill, highly protective in its objects and 
character, passed both Houses of Con- 
gress. It was vetoed by the President. 
Another bill of like character, though 
with some modification, was passed. It 
was vetoed in like manner. After that 
the celebrated "Tariff of 1842" was 
passed, and received the executive sig- 
nature on the 30th of August. In this 
the compromise of 1833 was utterly 
abandoned, against the urgent protest 
of the opponents of the principle of 
levying duties with a view, not of rev- 
enue, but protection. The debates dur- 
ing all this session were animating and 



exciting. The Democrats and " Tyler 
Whigs," upon most questions, acted to- 
gether. In the meantime a very impor- 
tant treaty was made with Great Britain. 
It was effected under the auspices of 
Mr. Webster, Secretary of State, and 
Lord Ashburton. It is known as the 
" Treaty of Washington," and was ratified 
by the Senate on the 22d of August, 1 842. 
By this, for the first time, the northeast- 
ern boundary between the United States 
and the neighboring British possessions 
was definitely established. The line 
thus agreed upon was as follows : 

" From the mouth of the river St. 
Croix ascending that stream to its west- 
ern fountain ; from that fountain due 
north to the St. John's; thence with that 
river to its source on the water-shed be- 
tween the Atlantic and the St. Lawrence." 
By the new line agreed upon, Maine lost 
as well as gained some territory. Her 
lumber interest was mainly involved in 
the question, and it required the most 
consummate skill and statesmanship on 
the part of Mr. Webster to secure her 
acquiescence in the settlement. But in 
this he was as successful with the au- 
thorities of Maine as he was with Lord 
Ashburton. This treaty was regarded 
as one of the greatest acts of diplomacy 
and statesmanship of Mr. Webster during 
his eventful life. 

During this year, the internal dissen- 
sions in Rhode Island which had been 
agitating that State for years, upon the 
subject of changing their Constitution, 
in relation to the right of suffrage, cul- 
minated in what was known as the Dorr 
rebellion. The acting governor, who was 
duly elected under the Constitution of 
the State as it had existed for over a 
century, which was the original Williams 
charter, by Charles II., called upon the 
President for aid, to suppress an insur- 



474 



HISTORY OF THE UX1TED STATES. 



Book II, c. 19 



rection. United States troops were 
furnished by Mr. Tyler; grave questions 
of constitutional law arose, which were 
finally settled by the Supreme Court of 
the United States in the case of Luther 
vs. Borden. 

These internal dissensions were, how- 
ever, finally amicably adjusted ; Dorr in 
the meantime by the State authorities 
was indicted and tried for treason, and 



1842. Their term of office was to ex- 
pire on the 4th of March following, and 
nothing of special note was done by 
them, except the repeal of the Bank- 
ruptcy Act of their first session. In 
May, 1843, Mr. Webster resigned the 
office of Secretary of State, and Mr. Up- 
shur, of Virginia, was promoted to his 
place. Some other changes took place 
in the cabinet: George M. Bibb, of Ken- 




RAFT1NG LUMBER IN MAINE. 



sentenced to imprisonment for life; he 
fled from the State, but subsequently 



tucky, became Secretary of the Treas- 
ury; William Wilkins, of Pennsylvania, 



returned and remained unmolested after Secretary of War; Thomas W.Gilmer, of 
all was quieted by the regular constituted Virginia, Secretary of the Navy; Charles 



authorities, in a legitimate way, extend- 
ing the right of suffrage, according to 
the wishes of Dorr and his adherents. 

The third and last session of the 
" Whisr Congress " met in December, 



A. Wickliffe, of Kentucky, Postmaster- 
General ; and John Nelson, of Maryland, 
Attorney-General. 

The Twenty-eighth Congress com- 
menced its first session on the 4th of 



THE ADMINISTRATION OF TYLER. 



475 



December, 1843, and continued it to 
the 17th of June, 1844. Just before the 
assembly of this Congress in Novem- 
bei, 1843, Mr. Adams on a return from 
a travel through the west was met at 
Pittsburgh, Pennsylvania, with a recep- 
tion of an association of Abolitionists 
which amounted to an ovation ; in his 
response to their address, he made a 
speech, which surprised his auditors 
quite as much as it did the country gen- 
erally. In it, among other things, he 
emphatically said: 

"As to the abolition of slavery in the 
District of Columbia, I have said that I 
was opposed to it — not because I have 
any doubts of the power of Congress to 
abolish slavery in the District, for I have 
none. But I regard it as a violation of 
republican principles, to enact laws at the 
petition of one people which are to oper- 
ate upon another people against their con- 
sent. As the laws now stand the people 
of the District have property in their 
slaves." 

This throws much light upon Mr. 
Adams' character as an agitator; his 
object seems to have been more with a 
view to vindicate the right of petition 
than anything else. In this speech he 
distinctly declared that the owners of 
slaves in the District of Columbia had a 
property in their slaves, and he would 
not vote to deprive them of it without 
their consent. Such a course he said 
would be anti-republican. The House 
at this session was largely Democratic ; 
one of its most noted acts was the repeal 
at an early day of its session, of the 
famous 2 1st Rule of the House adopted 
some years before, by which Abolition 
petitions, after being received, were to be 
laid upon the table without discussion or 
reference. How far Mr. Adams' recent 
speech in which his position upon this 



subject was set forth may have con- 
tributed to this result is of course un- 
known, but after this there was no more 
agitation in the House on the subject of 
Abolition petitions, and Mr. Adams never 
after appeared in the character of an 
agitator upon the subject of slavery in 
that body. 

On the 28th of February, 1844, oc- 
curred the lamentable accident by which 
Mr. Upshur and Mr. Gilmer, of the 
cabinet, and a number of other promi- 
nent citizens of the country, lost their 
lives. The President and his cabinet, 
with a number of Senators and members 
of the House, and officers of high rank 
in the army and the navy, and many 
distinguished citizens, went as a party to 
visit the United States steamship-of-war 
Princeton, lying in the Potomac river, to 
witness the experimental firings of a very 
large, new gun on that ship, which had 
been named the " Peacemaker." At one 
of the firings the gun exploded, causing 
the instant death of these Secretaries, 
besides a gallant officer of the navy and 
several prominent members of the part}'. 
This great calamity produced a profound 
sensation throughout the country. 

After this, Mr. Calhoun, who was still 
in the Senate, was made Secretary of 
State, and John Y. Mason, of Virginia, 
Secretary of the Navy. Very soon after 
Mr. Calhoun's accession to the State 
Department, a treaty was negotiated be- 
tween the United States and the Republic 
of Texas, for the cession of that country 
to the United States. This treaty was 
rejected by the Senate on the 8th of June 
following. 

Another Presidential election came off 
in the fall of 1844. The Whigs held 
their general nominating Convention in 
Baltimore, on the 1st of May, and enun- 
ciated their platform of principles as con- 



4/6 



HISTORY OF THE UNITED STATES. 



Book II., c. 19 



sisting of " a well-regulated national 
currency ; a tariff for revenue to defray 
the necessary expenses of the govern- 
ment, and discriminating with special 

reference to the protection of the do- 
mestic labor of the country ; the distri- 
bution of the proceeds from the sales of 
the public lands; a single term for the 
Presidency ; a reform of executive usur- 
pations ; and generally such an adminis- 
tration of the affairs of the country as 
shall impart to every branch of the 
public service the greatest practical effi- 
ciency, controlled by a well-regulated 
and wise economy." Mr. Clay was their 
unanimous choice for President, and 
Theodore Frelinghuysen, formerly of 
New Jersey but then of New York, was 
selected as the candidate for Vice-Presi- 
dent. 

The like general Convention of the 
Democratic party met at Baltimore on 
the 27th of the same month, and re- 
affirmed the first nine of the resolutions 
of their platform of 1840, to which they 
added the following : 

" X. Resolved, That the proceeds of the 
public lands ought to be sacredly ap- 
plied to the national objects specified in 
the Constitution, and that we are op- 
posed to the laws lately adopted, and to 
any law for the distribution of such pro- 
ceeds among the States, as alike inex- 
pedient in policy and repugnant to the 
Constitution. 

"XI. Resolved, That we are decidedly 
opposed to taking from the President the 
qualified veto power by which he is en- 
abled, under restrictions and responsi- 
bilities amply sufficient to guard the 
public interest, to suspend the passage 
of a bill whose merits cannot secure the 
approval of two-thirds of the Senate and 
House of Representatives, until the judg- 
ment of the, people can be obtained 



thereon, and which has thrice saved the 
American people from the corrupt and 
tyrannical domination of the Bank of the 
United States. 

"XII. Resolved, That our title to the 
whole of the Territory of Oregon is clear 
and unquestionable ; that no portion of 
the same ought to be ceded to England 
or any other power, and that the reoccu- 
pation of Oregon, and the reannexation 
of Texas at the earliest practicable period, 
are great American measures, which this 
Convention recommends to the cordial 
support of the Democracy of theUnion." * 

The candidates nominated by this body 
were James K. Polk, of Tennessee, for 
President, and George M. Dallas, of 
Pennsylvania, for Vice-President. 

At this election the Abolitionists, for 
the first time as a regularly organized 
party, put in nomination James G. Birney, 
of Michigan, for the office of President. 

The prominent issues presented in the 
contest by the Whigs and the Democrats 
were the Texas and Oregon questions. 
While Mr. Clay himself was in favor of 
the acquisition of Texas, upon proper 
principles and under suitable circum- 
stances that would not involve the United 
States in a war with Mexico, which he 
deprecated, yet an overwhelming majority 
of his supporters were utterly opposed 
to the measure in any and every form. 
The result of the election by the colleges 
was: 170 electoral votes for James K. 
Polk, for President, and 170 for George 
M. Dallas, for Vice-President; 105 for 
Henry Clay, for President, and 105 for 
Theodore Frelinghuysen, for Vice-Presi- 
dent. By States the vote stood: 15 for 
the Democratic ticket, and 1 1 for the 
Whig ticket. Mr. Birney received no 
electoral vote; but local returns showed 
that, out of the popular vote of upwards 
*Ante, 



THE ADMINISTRATION OF TYLER. 



477 



of two and a half millions, there were 
polled for him 64,653. The fifteen States 
that voted for Mr. Polk were : Maine, 
New Hampshire, New York, Pennsylva- 
nia, Virginia, South Carolina, Georgia, 
Louisiana, Mississippi, Indiana, Illinois, 
Alabama, Missouri, Arkansas, and Michi- 
gan; the eleven that voted for Mr. Clay 
were: Massachusetts, Rhode Island, 
Connecticut, Vermont, New Jersey, Dela- 
ware, Maryland, North Carolina, Ken- 
tucky, Tennessee, and Ohio. 

On the meeting, in the second session 
of the Twenty-eighth Congress, Decem- 
ber, 1844, various plans for the ''Annex- 
ation of Texas," as it was called, were intro- 
duced into the House of Representatives. 
A few strict construction Whigs held the 
balance of power in that body on this 
question at the time, as a considerable 
number of Democrats in the Northern 
States were opposed to it, because of the 
extension of slavery, which, they main- 
tained, would attend it. It was in this 
state of things, and on the 13th of Jan- 
uary, 1845, that Mr. Milton Brown, of 
Tennessee — of the class of Whigs stated, 
introduced in the House his celebrated 
joint resolutions, authorizing the Presi- 
dent to make a proposition to Texas for 
the introduction of that Republic into 
the Federal Union as a separate State, on 
certain terms specially set forth, provid- 
ing for the settlement of all questions 
pertaining to slavery, so as to avoid all 
future agitation of that subject, and 
guarding against any difficulty that 
might arise with Mexico, growing out 
of matters of boundary, by leaving that 
subject to be amicably adjusted between 
Mexico and the United States. The 
resolutions were in these words: 

"Resolved, by the Senate and House of 
Representatives of the United States of 
America in Congress assembled, That 



Congress doth consent that the territory 
properly included within, and rightfully 
belonging to the Republic of Texas, may 
be erected into a new State to be called 
the State of Texas, with a Republican 
form of government, to be adopted by 
the people of said Republic, by deputies 
in Convention assembled, with the con- 
sent of the existing government, in order 
that the same may be admitted as one of 
the States of this Union. 

"Section 2. And be it further resolved, 
That the foregoing consent of Congress 
is given upon the following conditions, 
and with the following guarantees, to 
wit: 

"First. Said State to be formed, sub- 
ject to the adjustment of this govern- 
ment, of all questions of boundary that 
may arise with other governments; and 
the Constitution thereof, with the proper 
evidence of its adoption by the people of . 
said Republic of Texas, shall be trans- 
mitted to the President of the United 
States, to be laid before Congress for its 
final action on or before the first day of 
January, 1846. 

"Second. Said State, when admitted 
into the Union, after ceding to the United 
States all public edifices, fortifications, 
barracks, ports and harbors, navy and 
navy yards, docks, magazines, arms and 
armaments, and all other property and 
means pertaining to the public defence 
belonging to said Republic of Texas, 
shall retain all the public funds, debts, 
taxes, and dues of every kind, which 
may belong to or be owing to said Re- 
public; and shall also retain all the 
vacant and unappropriated lands lying 
within its limits, to be applied to the 
payment of the debts and liabilities of said 
Republic of Texas; and the residue of 
said lands, after discharging said debts 
and liabilities, to be disposed of as said 



4/8 



IIISTOKY OF THE UNITED STATES. 



Book II., c. !• 



State may direct; but in no event are] 
said debts and liabilities to become a 
charge upon the government of the 
United States. 

" Third. New States, of convenient 
size, not exceeding four in number, in 
addition to said State of Texas, and hav- 
ing sufficient population, may hereafter, 
by the consent of said State, be formed 
out of the territory thereof, which shall be 
entitled to admission under the provis- 
ions of the Federal Constitution. And 
such States as may be formed out of that 




PROFESSOR MORSE. 

portion of said territory lying south of 
36 30' north latitude, commonly known 
as the Missouri Compromise line, shall 
be admitted into the Union, with or 
without slavery, as the people of each 
State asking admission may desire. And 
in such State or States as shall be formed 
out of said territory, north of said Mis- 
souri Compromise line, slavery or invol- 
untary Servitude (except for crimes) shall 
be prohibited." 

These resolutions were violently op- 
posed by the slavery restrictionists, 



though they were based upon a distinct 
recognition of the dividing line of 36 
30', known as the Missouri Compromise, 
so called. But when all other plans 
failed, Mr. Brown's resolutions were 
taken up in the House, and finally passed 
that body on the 25th of January, by a 
vote of 120 in favor to 98 against them. 
They were sent to the Senate, where, on 
motion of Mr. Benton, of Missouri, they 
were amended by adding an alternate 
proposition to be submitted to Texas, 
which, however, did not close the door 
against future agitation of the 
slavery question. His proposition 
provided that the President should 
choose between the House meas- 
ure and his alternate, in submitting 
the action of Congress to Texas. 
This was on the 27th of February. 
It was Mr. Benton's expectation 
at the time that the execution of 
the resolutions would devolve upon 
the new President. His amend- 
ment for an alternate proposition 
was agreed to in the House, and 
the whole measure approved by 
Mr. Tyler on the 1st of March, 
and he immediately elected the 
House proposition, and despatched 
a messenger with it to Texas, 
before the expiration of his term 
of office. 

On the 3d of March, 1S45, an act of 
Congress was approved by the President 
admitting the people of Iowa and the 
people of Florida, as separate States, into 
the Union. 

After the expiration of his term of 
office, Mr. Tyler retired from the seat of 
government to his residence in Virginia. 
His administration was a stormy one, 
but signalized by many important events. 
It was during this period that the electro- 
telegraphic system was established by 



THE REPUBLIC OF TEXAS. 



479 



Morse. A room was furnished him at 
the capitol for his experimental opera- 
tions in extending his wires to Balti- 
more ; and among the first messages 




COAT OF ARMS OF IOWA. 

ever transmitted over them was the an- 
nouncement of the nomination of Mr. 
Polk for the Presidency. It was during 
Tyler's administration that diplomatic 
communications were opened with China, 
the first that that ancient empire ever 
held with any Christian State. The set- 
tlement of the northeastern boundary 
with Great Britain was an epoch in the 
history of both countries. During his 
administration two new States were ad- 
mitted into the Union; and to Mr. Tyler 
is chiefly due the addition of the great 
State of Texas, with its 237,504 square 
miles of territory, to the Union, the ad- 
mission of which soon followed. His 
administration, as a whole, was distin- 
guished not only for its unpopularity, 
while its integrity was unassailable, but 
for the great ability of the many eminent 
men who filled his cabinet throughout 
his term, in the various changes that 




COAT OF ARMS OF FLORIDA. 

were made in it at different times. His 
nvn State papers compare favorably in 
point of ability with those of any of his 
predecessors. In reference to the asper- 
sions of the extreme partisans of the day, 



who denounced him as "a traitor to the 
Whig cause," it is but due to his mem- 
ory to give his own words : " I appeal 
from the vituperation of the present day, 
to the pen of impartial history, in the 
full confidence that neither my motives 
nor my acts will bear the interpretation 
which has, for sinister purposes, been 
placed upon them." 

In his retirement he enjoyed the con- 
fidence of his countrymen in a high 
degree, but took no active part in pol- 
itics until called to the front in the great 
agitation preceding the war in 1861. 
His voice was then for peace, union and 
harmony between the States. He was 
President of the celebrated Peace Con- 
vention, as we shall see. 

CHAPTER XX. 

THE REPUBLIC OF TEXAS. 
(1774—184SO 

Early settlements — Jesuit missionaries — The erection 
of a chain of forts by Spain: — Moses Austin's 
colony — His son, Stephen F., succeeds him — Con- 
dition of Texas during Colonial existence — Act of 
the Cortes of the Mexican Republic, May, 1S24 — 
Emigration increased — Bustamente's usurpation — 
Santa Anna, Dictator — Stephen F. Austin arrested 
and imprisoned — War by Mexico against Texas — 
Austin's release and speech — Resistance by Texas 
organized — Battle at Gonzales — Texan victory at 
Goliad — Constitutional Convention — General Sam 
Houston — Successful siege of Bexar — Mexicans 
driven from the Territory — Santa Anna renews 
the war — The massacre at Alamo — David Crockett 
killed — Santa Anna attacks Goliad and kills all 
the prisoners after surrender — The battle of San 
Jacinto — Texas triumphant — Santa Anna captured 
— Independence achieved — Milton Brown's prop- 
osition for admission into the Federal Union of 
the United States accepted. 

NTERIOR to 1 7 14, numerous un- 
successful efforts had been made 
by the Jesuits to establish mis- 
S%^ sionary settlements among the 
Indians at several places included 
in the present boundary of Texas. It 




43o 



HISTORY OF THE UXITED STATES. 



Book II., c. 20 



was about this tine, however, that the 
Government of Spain, which claimed the 
territory by right of discovery, de- 
termined to hold it against apprehended 
advancements of the French, by the 
erection of a chain of forts from Florida 
to New Mexico, directly through the in- 
terior of Texas. At each of these forts 
religious missions, with settlements under 
their direction, were securely established. 
The priests labored diligently in their 
pious efforts to convert and civilize the 
Indians; in which efforts, however, they 
met with poor success. 

About the beginning of the present 
century pioneers from the United States 
began to find their way to these settle- 
ments. To Moses Austin, a native of 
Durham, Connecticut, one of these ad- 
venturers, Texas owes its origin — first as 
a Spanish colony, and afterwards as an 
independent State. He first conceived 
the idea of planting a large colony of 
emigrants from the United States in that 
country. He obtained an extensive 
grant of land from the government of 
Spain in 1820 for this purpose and on 
this condition. 

He died, however, before he effected 
his contemplated settlement. His son, 
Stephen F. Austin, succeeded to the 
rights of his father under his grant, and, 
with a small party of emigrants from the 
United States, carefully explored the 
country, and selected, as the most desira- 
ble territory for their colony, the region 
lying between the Brazos and Colorado 
rivers, and the place for their town the 
site of the present city of Austin, named 
in honor of the founder of the colony. 
Austin himself, leaving the settlers in 
their new home, returned to the United 
States for other emigrants to join in the 
enterprise. 

Meantime, Mexico and other Spanish 



provinces had become independent of 
Spain, and on Austin's return he found 
that it was necessary for him to visit the 
city of Mexico, and obtain from the new 
government a confirmation of the grant 
made to his father, before he could pro- 
ceed in the distribution of his lands. 
This he succeeded in effecting. His 
colony soon consisted of about 300 
families. They were governed by such 
laws as they imposed upon themselves 
under rules drawn up by Austin. 

The political condition of Texas during 
her colonial existence, without going into 
a minute detail of Mexican history, may 
be briefly thus set forth. The general 
government, located in the city of Mexico, 
in order to encourage settlements in the 
colony of Texas, declared by an act of 
the Cortes, a Congress, of the Republic, 
dated May 2d, 1824 — 

"That Texas is to be annexed to the 
Mexican Province of Cohahuila, until it 
is of sufficient importance to form a 
separate State, when it is to become an 
independent State of the Mexican Re- 
public, equal to the other States of which 
the same is composed, free, sovereign, 
and independent, in whatever exclusively 
relates to its internal government and 
administration." 

On the faith of this act or decree, 
adventurers went to Texas from all 
countries, especially from the United 
States, not only to Austin's colony, but 
to other settlements established in like 
manner. Austin's colony increased 
rapidly in prosperity until 1830, when it 
met with a sudden check. Bustamentc, 
having contrived by intrigue and violence 
to become President or Emperor of the 
Mexican Republic, so called, prohibited 
the ingress of foreigners, and made sev- 
eral decrees in conflict with the Consti- 
tution of 1S24. To carry out his 



THE REPUBLIC OF TEXAS. 



measures and execute his oppressive 
edicts, he introduced a considerable force 
of Mexican soldiers into the country, 
and thus placed Texas almost entirely 
under military rule. 



481 

self-government. Austin was selected 
by the Texans as their agent to proceed 
to Mexico, and present their petition to 
the Congress. He remained there nearly 
a year without being able to obtain any 



The Texans were roused to resistance reply to the application. He then wrote 
to many outrages of this tyrant, and his : to the authorities of Texas, recommend- 
mercenaries were soon forced to leave \ ing them to organize a State govern- 
the province. Bustamente's rule closed in \ ment, without waiting for the action of 



the year 1832. Early in this year Santa 
Anna was proclaimed President. 



the Mexican Congress. This proceeding 
was considered treasonable by the au- 




A VILLAGE IN TEXAS. 



Soon after the accession of Santa 
Anna to the chief magistracy, Texas 
petitioned to be separated from Coha- 
huila, and for a separate State govern- 
ment, according to the Constitution and 
act of the Cortes of 1824. The petition 
set forth the condition and prospects of 
the province ; and that it was necessary 
for the protection and prosperity of the 
inhabitants that they should be permitted 
to exercise the exclusive powers of local 
31 



thorities of Mexico j and shortly after- 
wards, Austin returning to Texas, was 
arrested at Saltillo, and carried back to 
that city, where he was imprisoned, and 
held in close confinement for over a year. 
In the meantime, Santa Anna had over- 
thrown the Constitution of 1824, and had 
established a central consolidated gov- 
ernment ; and had, in fact, become mili- 
tary Dictator of the " Republic of Mex- 
ico," so called. Some of the departments, 



482 



HISTORY OF THE UNITED STATES. 



Book II., c. 20 



styled States, were opposed to this 
change, and resorted to arms, but were 
overcome by the Dictator. The con- 
stitutional authorities of Cohahuila and 
Texas assembled at Monclova, and earn- 
estly protested against the usurpation. 
They were driven from office by military 
force under General Cos, and the gov- 
ernment was dissolved. The governor 
ami members of the local legislature 
were imprisoned, and the central au- 
thority was established as supreme, 
contrary to the will of the people. At 
this juncture, Santa Anna, becoming 
alarmed at the demonstrations of deter- 
mined opposition in Texas, released 
Austin, and sent him back to that coun- 
try as a mediator. He had been absent 
over two years. 

In a speech at a public meeting, soon 
after his return to Texas, he gave his 
opinions very fully on the state of affairs, 
and recommended such measures as he 
thought advisable to be adopted. Among 
other things in that memorable speech, 
he said : 

" Under the Spanish government, 
Texas was a separate and distinct prov- 
ince ; as such it had a separate and dis- 
tinct local organization. It was one of 
the unities which composed the general 
mass of the nation, and as such partici- 
pated in the war of the Revolution; and 
was represented in the Constituent Con- 
gress of Mexico, that formed the Con- 
stitution of 1824. The Constituent Con- 
gress confirmed this unity by the law of 
May 7th, 1824, which united Texas with 
Cohahuila provisionally, under the ex- 
press guarantee of being made a State of 
the Mexican Confederation as soon as it 
possessed the necessary elements." 

He further said, in speaking of the 
revolution then progressing, that its ob- 
ject was: 



" To change the form of government ; 
destroy the Federal Constitution of 1824, 
and establish a central or consolidated 
government. The States are to become 
converted into provinces. It is my 
duty," said he, " to state, as General 
Santa Anna verbally and expressly au- 
thorized me to say to the people of Texas, 
that he was their friend ; that he wished 
for their prosperity, and would do all he 
could to promote it ; and that in the 
new Constitution he would use his in- 
fluence to give the people of Texas a 
special organization suited to their edu- 
cation, habits and situation." He also 
said : " Whether the people of Texas 
ought or ought not to agree to this 
change, and relinquish all or a part of 
their constitutional and vested rights 
under the Constitution of 1824, is a 
question of the most vital importance, 
and one that calls for the deliberate 
consideration of the people, and can only 
be decided by them, fairly convened for 
the purpose." 

These extracts from Austin's speech 
on the occasion referred to are sufficient 
to show the positions of Mexico and 
Texas, and the nature of the advice 
given by him at the time. In conformity 
with his views, committees of safety and 
vierilance were raised, and resolutions 
passed to insist on their rights under the 
Federal Constitution of 1824. Troops 
were organized, and every preparation 
was made to resist the forces which they 
believed would be sent against them. 
They were not disappointed. General 
Cos soon after arrived at Copano, from 
which place he marched to Bexar. The 
first engagement took place at Gonzales, 
on the 2d of October, 1835. The Mexi- 
cans attacked the town, but were re- 
pulsed with considerable loss, both in 
killed and wounded. Shortly after, the 



THE REPUBLIC OF TEXAS. 



4*3 



Texans gained a more important victory 
at Goliad, on the 9th of October. The 
town was captured, and a large quantity 
of military stores was taken, besides 
300 stand of arms and two brass cannon. 
Austin was now commander-in-chief of 
the Texan army. 

On the 1 2th of November, 1835, a 
Convention of the people of Texas as- 
sembled at San Phillipe de Austin and 
a regular State government was or- 
ganized. In this body General Sam 
Houston made his appearance as 
a member, and exercised con- 
siderable influence in their pro- 
ceedings. Soon after, General 
Austin resigned his position in 
the army, and the chief command 
was assigned to General Sam 
Houston. A movement without 
delay was made by the Texans 
.against the town of Bexar, which 
was garrisoned by Mexican 
troops, under General Cos. The 
place was taken after a six days' 
siege. General Cos surrendered 
on the 14th of December : he 
with his troops, numbering over 
one thousand, were allowed to re- 
turn to Mexico under their 
parole of honor that they never 
would in anyway oppose the re- 
establishment of the Constitution 
of 1 824. The country was thus 
freed for the present from Mexican mili- 
tary rule. Henry Smith was elected 
governor under the State government so 
organized, and General Austin sent as 
agent or commissioner to the United 
States. Santa Anna, on receiving intel- 
ligence of the state of things in Texas, 
determined upon active measures for the 
reduction of the people to submission. 

He set out with an army of 7,500 
.men. He reached Alamo late in Feb- 



ruary. This strong fort was garrisoned 
by 140 Texans under Colonel Travis. 
It was bombarded for eleven days and 
finally carried by storm ; but at a Mexi- 
can loss of 1 ,600. On the 6th of March 
the whole garrison was put to the sword. 
It was here that the brave, eccentric, and 
famous David Crockett, of Tennessee, 
was killed. The Alamo is the Texan 
Thermopylae. On the 17th of March 
the Convention adopted a Constitu- 
tion for an independent Republic, and 




CFXFK \I. HOUSTON. 



elected David G. Burnett, President. 
Ten days after Santa Anna attacked 
the Texan forces at Goliad, commanded 
by Colonel Fannin. After a hard day's 
fighting, and the Mexicans having re- 
ceived reinforcements during the night. 
Colonel Fannin determined to surrender, 
provided he could obtain honorable 
terms. His proposition was accepted 
by Santa Anna, who commanded the 
Mexicans «n person, and the terms of 



4 8 4 



UlS'lOJiY OF THE UNITED STATES. 



Hock II i 



the surrender were signed and formally- 
interchanged. By the terms Fannin, 
who was a Georgian, and his troops were 
to give up arms and be allowed to retire 
to the United States. So soon as the 
surrender was complete, and their arms 
were delivered up, the whole force, 
consisting of about 300 men, were im- 
mediately massacred by order of Santa 
Anna. Few instances of such barbarous 
treachery and cruelty are to be found in 
the annals of the world. This advance 
of Santa Anna with so strong an army, 
and his conduct at Alamo and Goliad, 



the Texans rushed to the fight with the 
shouts of "Remember the Alamo!" 
" Remember Goliad ! " More than half 
the Mexican forces engaged were killed, 
wounded, and captured, while the Texans 
engaged in the fight were not much over 
a third of their foe. Santa Anna, the 
Mexican President and Commander-in- 
chief, was himself taken prisoner. Hous- 
ton immediately entered into negotiations 
with him for the withdrawal of all Mex- 
ican forces from the territory of Texas. 
Orders were issued accordingly. The 
war was virtually at an end, and the in- 




1'oRT ALAMO — SAM 

produced a temporary panic among the 
Texans. This was increased by the 
continued retreat of General Houston — 
first to the Colorado, next to the Brazos, 
and finally to the San Jacinto. The 
seat of government of the new Repub- 
lic was moved temporarily to Galveston. 
Santa Anna pursued Houston to the 
.San Jacinto, where he had taken position 
on the east side of the river. 

1 1 ere the two armies met on the 2 1st 
of April, and the Texans achieved a 
most brilliant victor)'. The Mexicans 
were greatly superior in numbers, but 



ANTONIO, TEXAS. 

dependence of Texas achieved. On the 

22d of October, after being duly elected, 
General Houston was inaugurated as 
the second President of the Republic. 
General Mirabeau B. Lamar was the 
third President. He came into office in 
1838, and was succeeded by Anson 
Jones, the fourth President, in 1844. 
The young Republic, embracing souk- oJ 
the loveliest and richest regions of soil 
on the North American continent, dur- 
ing its short career was prosperous and 
rapid in growth. The population at 
this time was about 200,000. 



THE ADMINISTRATION OF POLK. 



485 



On the 3d of March, 1837, the inde- 
pendence of this new power among the 
nations of the earth was recognized by 
the United States, in regular form. 
Two years afterwards it was likewise 
recognized by France and England, and 
very soon by most of the European 
powers. Not having fought for anything 
but the right of local self-government, the 
thoughts of her people naturally turned 
towards the United States, and looked to 
a union with them. As early as the 4th 



of August, 1837, 
unite . herself with 



Texas proposed to 
the United States. 




JAMES K. POLK. 

The proposition was at that time declined 
to be entertained by Mr. Van Buren, who 
was then President. It was not until 
Mr. Tyler's administration, as we have 
seen, that the subject was renewed by 
either party. The results of the renewal 
then made, thus far we have seen. 

The House proposition, or Mr. Milton 
Brown's resolutions, setting forth the 
terms of a union which President Tyler 
submitted to President Jones, were 
adopted by the people of Texas in sov- 



ereign Convention, on the 4th of July, 
1845, an d a new Constitution formed 
preparatory for her admission as a State 
into the Federal Union. 

CHAPTER XXL 

ADMINISTRATION OF POLK. 
(4th of March, 1845— 4th of March, 1849.) 

The Inaugural, with the scenes attending it — Thr* 
new Cabinet— Dismissal of Blair and Rives, as the 
organ of the administration — The Mexican min- 
ister withdraws from Washington — General Taylor 
ordered to Texas with 5,000 troops — Death of Gen- 
eral Jackson — Twenty-ninth Congress largely Dem- 
ocratic — Texas admitted as a State in the Union — 
Whig tariff of 1 842 repealed —New tariff passed, 
without the protective principle — Sub-Treasury bill 
re-enacted — Smithsonian Institute established- 
Notice to terminate the joint occupation of Oregon 
given — French spoliation bill passed and vetoed — 
General Taylor, moves from Corpus Christi to the 
Rio del Norte — Massacre of Captain Thornton's 
Company — Battles of Palo Alto and Resaca de la 
Palma — War with Mexico declared — 50,000 vol- 
unteers called out — $10,000,000 appropriated — 
Generals Taylor, Kearney, and Wood — Monterey 
captured — Kearney at Santa Fe — Colonel Don- 
ovan, and his exploits — Colonel Fremont on the 
Pacific coast — Battle of Buena Vista — Great victory 
by Taylor — General Scott at Vera Cruz and on the 
road to Mexico — Battle of Cerro Gordo — Victory 
by Twiggs — General Worth at Pueblo — Battles and 
Victories of Contreras and Churubusco — Battle's 
of Molino del Rey and Chapultepec — Capture of 
Mexico — Treaty of Guadaloupe-Hidalgo — The 
Wilmot Proviso — Mr. Burke's amendment to Or- 
egon bill — Mr. Calhoun's resolutions of 1847— 
Wisconsin admitted into the Union — Presidential 
election of 1S48 — Candidates, and result of elec- 
tion — Gold mines of California — Immense immi- 
gration — Retirement of Mr. Polk — His adminis 
tration. 

AMES K. POLK, eleventh Presi- 
dent of the United States, was 
inaugurated on the 4th of March, 
1845, m tne 50th year of his 
age. The oath of office was 
administered by Chief-Justice Taney, in 
the presence of a very large assemblage 
of citizens, but greatly inferior in num- 




4&5 



HISTORY OF 'THE UNITED STATES. 



Book II., c. 2t 



bers to that which attended the inaugu- 
ration of Harrison. In his inaugural, 
the new President spoke favorably of the 
late action of Congress in relation to 
Texas, and asserted that the title of the 
United States to the whole of Oregon 
was clear and indisputable, and intimated 
his intention to maintain it by force if 
necessary. 

The new cabinet consisted of James 
Buchanan, of Pennsylvania, Secretary of 
State ; Robert J. Walker, of Mississippi, 
Secretary of the Treasury ; William L. 
Marcy, of New York, Secretary of War; 
George Bancroft, of Massachusetts, Sec- 



and in other respects large profits were 
annually derived. They had been warm 
supporters of the nomination of Mr. Van 
Buren at the Baltimore Convention, while 
Mr. Thomas Ritchie, of the " Richmond 
Enquirer," an editor of great renown, 
had been one of his bitterest assailants, 
and it was thought by the friends of Mr. 
Van Buren had defeated his nomination, 
which resulted in the nomination of Mr. 
Polk. Now while it is true that the 
friends of Mr. Van Buren, and all wings 
and branches of the Democratic party, 
North as well as South, and all oppo- 
nents of Mr. Clay, had earnestly united 




GALVESTON, TEXAS. 



retary of the Navy ; Cave Johnson, of 
Tennessee, Postmaster-General ; and John 
V. Mason, of Virginia, Attorney-General. 
Mr. Polk very early committed an ex- 
ceedingly impolitic act, looking to the 
success of his own administration, as 
well as the future interests of the Demo- 
cratic party. Philip P. Blair (the elder), 
and John C. Rives, editors of the " Con- 
gressional Globe," had from the beginning 
of Jackson's administration been regarded 
as the recognized organ of this great 
leader as well as of the Democratic 
party generally in the United States, 
from which position as public printers 



to secure his defeat by the election of 
Mr. Polk, yet the sting of Mr. Van Bu- 
ren's defeat remained in the breast of 
many of his able and influential friends. 
Mr. Polk on his accession insisted upon 
the retirement of Messrs. Blair and Rives, 
from their high and quasi official posi- 
tion, and that Mr. Ritchie should be 
brought from Virginia, and placed in 
charge of the paper, to be recognized as 
the organ of his administration. This 
caused great offence to the friends of 
Mr. Van Buren, and ultimately led to a 
breach in the Democratic party that was 
never healed. 



THE ADMINISTRATION OF POLK. 



487 



General Almonte, the Mexican Min- 
ister resident at Washington, after re- 
monstrating against the course of the 
United States towards Texas, demanded 
his passports soon after Mr. Polk came 
into office. Mexico, never having rec- 
ognized the independence of Texas, 
still claimed that Territory as belonging 
to her dominions. All friendly inter- 
course between the United States and 
Mexico now ceased. Immediately after 
the adoption by Texas, on the 4th of 
July of this year, as stated, of the prop- 
osition of the United States submitted 
by Mr. Tyler, Mr. Polk, apprehending 
difficulty with Mexico, forthwith sent 
Colonel Zachary Taylor, now raised to 
the rank of Brigadier-General, with about 
five thousand troops to repel any inva- 
sion that might be attempted. Early in 
August he took position at Corpus 
Christi, near the mouth of the Neuces 
river, which was the western boundary 
of the civil jurisdiction of Texas at that 
time; though she claimed the Rio del 
Norte as her rightful boundary. 

In the meantime the country was filled 
with mourning at the intelligence of the 
death of General Jackson, who died at 
the Hermitage on the 8th of June, 1845, 
in the 79th year of his age. 

The Twenty-ninth Congress com- 
menced its first session on the 1st of 
December, 1845, and continued to the 
loth of August, 1846. It was largely 
Democratic. Among the first of its acts 
was the recognition, on the 29th of 
December, 1845, of Texas as a State of 
the Federal Union, on the terms proposed 
and agreed to. Other leading measures 
of a civil character adopted at this ses- 
sion were the repeal of the Whig tariff 
of 1842, and the enactment of another, 
based upon the principles of free trade; 
the re-enactment of the Sub-Treasury or 



Independent Treasury system; the es- 
tablishment of the Smithsonian Institute 
out of the funds received for this pur- 
pose in 1837; and a resolution for ter- 
minating the joint occupation of Oregon 
under the then existing treaty with 
Great Britain. Internal improvement 
bills, and a bill to pay citizens of the 
United States for French spoliations on 
their commerce, were vetoed by the 
President. In the meantime, military 
acts of great importance were occurring. 
On the 13th of January, 1846, General 
Taylor was ordered to advance to the 
Rio Grande. On the 28th of March he 
reached the east bank of that river, and 
erected a fortress called Fort Brown, 
directly opposite and within cannon-shot 




COAT OF ARMS OF TEXAS. 



of the Mexican city of Matamoras. On 
the 26th of April, General Ampudia, the 
Mexican commander, gave notice to 
General Taylor that he considered hos- 
tilities commenced. On the same day 
sixty-three men, commanded by Captain 
Thornton, were attacked on the east 
side of the Rio Grande above Mata- 
moras, and all were either killed or cap- 
tured. This was the first blood shed in 
the Mexican war. As the movements 
of the Mexicans indicated the purpose 
of cutting off the supplies of General 
Taylor by an attack on Point Isabel, 
about twenty miles in his rear, he 
marched to the relief of that place with 
his principal force, leaving a small gar- 
rison at Fort Brown. Having garrisoned 
Point Isabel, which was a provision 



488 



J JJ STORY OF THE UNITED STATES. 



Book II., c. 21 



depot, on the 7th of May he set out on 
his return to Fort Brown. About noon 
on the next day he found the Mexican 
army, consisting of about 6,000 men, 
drawn up in battle array across the 
prairie near Palo Alto, to oppose his 
progress. A battle immediately ensued, 
in which General Taylor was victorious. 
The Mexican loss was 100 killed. Tay- 
lor's loss was four killed and forty 
wounded. This was known as the bat- 
tle of Palo Alto. Among those who 
fell in this engagement on the side of 
the United States, no one was so much 
distinguished as Major Samuel Ringgold, 
lie was a native of Maryland and of 
eminent family. He had organized what 
was known as the Flying Artillery of the 
United States service, and was in com- 
mand of his battery when he received 
the mortal wound. He was borne from 
the field, but survived long enough to 
hear the shouts of the victory which 
his guns had contributed so much to 
achieve. He fell in the 50th year of his 
age, and was universally lamented by 
his countrymen. 

On the afternoon of the next day 
General Taylor again advanced, and 
about four o'clock came in sight of the 
Mexicans, occupying a strong position 
near Resaca-de-la-Palma, about three 
miles from Fort Brown. The battle was 
begun by the artillery on both sides. 
The Mexican guns were served much 
better than on the former occasion, and 
it was determined to capture them. Ac- 
cordingly, Captain May, with a squadron 
of dragoons, was ordered to charge 
them. In a few minutes the guns were 
in his possession, and General La Vega, 
who commanded the artillery, was a pris- 
oner. The charge was supported by the 
infantry, and the whole Mexican army 
was soon in complete rout. This was 



the battle of Resaca-de-la-Palma. By 
night not a Mexican soldier could be 
found east of the Rio Grande. On the 
next day General Taylor resumed his 
position at Fort Brown. In a few days 
he crossed the river and took possession 
of Matamoras. On the nth of May, 
1846, Mr. Polk, in a message to Con- 
gress, declared that Mexico " had invaded 
our territory and shed the blood of our 
citizens on our own soil;" and Congress 
declaring that war existed "by the act 
of Mexico" authorized the President to 
accept the services of 50,000 volunteers 
and placed $10,000,000 at his disposal. 
The President's call for volunteers was 
answered by the tender of the services 
of more than 300,000 men. General 
Taylor's force was soon increased by a 
large number of volunteers from Texas 
and the adjoining States. 

The plan of military operations now 
adopted by the administration at Wash- 
ington was, to strike Mexico on three 
different lines : one was from Matamoras 
to the interior, under the lead of General 
Taylor ; another through New Mexico 
to California, under the lead of General 
Kearney, while a third column was to 
seize the northern States or Departments 
of Mexico, under the lead of General 
Wool. In the latter part of August, 
General Taylor began a forward move- 
ment, and on the 19th of September ap- 
peared before Monterey, the capital of 
the Department of New Leon, garrisoned 
by about 10,000 troops. General Tay- 
lor's force was only 6,500 men. He 
began the attack on the 2 1st of Sep- 
tember, and on the 24th the Mexican 
general submitted propositions, which 
resulted in the surrender and evacuation 
of Monterey. An armistice of eight 
weeks was agreed upon by the two gen- 
erals, or until instructions to renew hos- 



THE ADMINISTRATION OF POLK. 



•lilities could be received from their 
respective governments. The truce was 
disapproved by Mr. Polk, and on the 
13th of October General Taylor was 
ordered to renew offensive operations. 
About the middle of November the 
division of General Worth occupied 
Saltillo, the capital of Cohahuila. In 
December, General Patterson took pos- 
session of Victoria, the capital of Ta- 
maulipas, and the port of Tampico was 
captured by Commodore Perry. Mean- 
time General Kearney made himself 
master of Santa Fe and all New Mexico 



489 

Chihuahua. But he did not find him there. 
Wool, being impeded in his march by 
lofty and unbroken ranges of mountains, 
had turned southward and united his 
forces with those of General Worth at 
Saltillo. Colonel Doniphan was ig- 
norant of this fact w*hen he set out; but 
he successfully accomplished his march 
of 1,000 miles, through the enemy's 
country, from Santa Fe to Saltillo. He 
fought two battles on the way against 
superior forces, in both of which he was 
victorious, and captured Chihuahua, a 
city of great wealth, containing a popu- 



without opposition. Having established ' lation of 40,000 inhabitants. During the 




A MEXICAN CATHEDRAL. 



a new government in New Mexico, he 
set out, on the 25th of November, with 
400 dragoons for California. He learned 
on the way that California was already 
in possession of the United States by 
other forces which had been sent round 
by water in anticipation of a war with 
Mexico. So, sending back 300 of his 
men, he proceeded across the continent 
with only 100. In the early part of 
December, Colonel Doniphan, who had 
been left in command at Santa Fe, with 
only 900 men, set out from Santa Fe south- 
ward, expecting to join General Wool at 



preceding summer, California had been 
taken possession of by the United States 
forces under Colonel Fremont, Commo- 
dore Sloat, and Commodore Stockton ; 
and by the 22d of August, 1846, the 
whole vast region of California was in 
military possession of the United States. 
In December, soon after the arrival of 
General Kearney, the Mexican inhabi- 
tants of California endeavored to regain 
possession, but the attempt was soon 
suppressed. 

On the 22d of February, 1847. General 
Taylor, with an army of only about 



49° 



HISTORY OF THE UNITED STATES. 



1 , c. l\ 



5.000 men, was met by General Santa 
Anna at Buena Vista, a few miles from 
Saltillo, with an army of 20,000 Mex- 
icans. About 1 1 a. m. Santa Anna sent 
in a flag of truce, with a demand for an 
unconditional surrender. Major Bliss, 
the chief of staff of General Taylor, sent 
in reply these words, which became 
famous : " General Taylor never surren- 
ders." That evening about 4 o'clock 
the Mexicans made an advance on Tay- 
lor's left, but no decided action took 
place that evening or during the night. 



out opposition, a short distance south of 
Vera Cruz. 

He immediately invested the city. 
On the night of the 27th articles of sur- 
render were signed, and on the 29th the 
flag of the United States floated over the 
walls. On the 8th of April General 
Twiggs was sent forward towards the 
City of Mexico. On the 1 8th was fought 
the battle of Cerro Gordo, in which the 
armies of the United States were com- 
pletely victorious. On the 15th of May 
the advance under General Worth occu- 




DEFEAT OF THE MEXICAN RIGHT WING- AT BUENA VISTA. 



Next day, the 23d, all the power of 
Santa Anna was thrown in his right 
wing upon Taylor's left, which met with 
a signal repulse, and with this ensued a 
general rout of the Mexican army. Tay- 
lor's victory was complete, and enabled 
the United States to turn their whole 
attention to the great design of the cap- 
ture of Vera Cruz and the City of Mexico. 
On the 9th of March, 1847, General 
Scott, to whom this line of operations 
was committed, landed 12,000 men, with- 



pied the city of Puebla. At Puebla, 
General Scott waited for reinforcements. 
On the 7th of August, with about 1 1,000 
men, he began his march for the capital 
of the republic. In a k-w days they 
came in sight of the city. On the 20th 
occurred the battles of Contreras and 
Churubusco, in which the United States 
forces were again victorious, defeating an 
army of 30,000 Mexicans. On the 
morning of the 8th of September the 
Molino del Rey and the Caca de Moto, 



THE ADMLX1STRA1I0M OF POLK. 



49 1 



the outer defences of the castle of Cha- 
pultepec, were stormed and taken by 
General Worth; but his loss was very- 
great. All day long on the 12th, the 
battle raged near and at the gate of the 
city; and when night put an end to the 
conflict, one division of Scott's army 
rested in the suburbs of Mexico, and 
another was actually within the gates. 
During the night the Mexican army and 
all the officers of the government fled 
from the city, and at seven o'clock next 
morning the flag of the United States 
floated in triumph from the walls 
of the national palace. 

The conquest of the capital put 
an end to the war. A treaty of 
peace was not long after concluded 
between the two countries. The 
treaty was ratified by the United 
States Senate on the ioth of 
March, and by the Mexican Con- 
gress on the 30th of May. Mex- 
ico ceded to the United States all 
New Mexico and Upper California, 
and yielded also some important 
privileges. The United States 
paid Mexico $15,000,000, and as- \N§|| 
sumed the payment of all debts 
due to citizens of the United 
States from the Mexican gov- 
ernment. This is known as the 
treaty of Guadaloupe-Hidalgo. 

The immediate results of this war 
were the loss to the United States of 
about 25,000 men, and $160,000,000, 
with the acquisition of 632,157 square 
miles of territory and a very great aug- 
mentation of military renown. We will 
now return to civil affairs again. The 
most notable remaining events of the 
civil administration of Mr. Polk will be 
briefly stated. 

On the 8th of August, 1846, he sent a 
message to Congress, asking an appro- 



priation of $3,000,000, to enable him to 
negotiate a treaty of peace with Mexico, 
based upon the policy of obtaining a 
cession of territory outside of the then 
limits of Texas. It was on a bill to grant 
this appropriation, that Mr. David Wil- 
mot, of Pennsylvania, moved his cele- 
brated " Proviso," a restriction of slavery 
in any newly acquired territory, without 
any regard to the "Missouri Compro- 
mise" line, so called. 

The words of the amendment were as 
follows: 




GENERAL WINFIEU) SCOTT. 

"Provided, That there shall be neither 
slavery nor involuntary servitude in any 
territory which shall hereafter be ac- 
quired, or be annexed to the United 
States, otherwise than in the punishment 
of crimes, whereof the party shall have 
been duly convicted. Provided always, 
That any person escaping into the same 
from whom labor or service is lawfully 
claimed in any one of the United States, 
such fugitive may be lawfully reclaimed 
and conveyed out of said territory, to the 



49- 



IIISTORY OF THE UNITED STATES. 



Book II., c. 21 



person claiming his or her labor or ser- 
vice." 

The reading of the amendment again 
sounded "like a fire-bell at night." It 
produced great sensation in the House 
and the country. 

Mr. John Quincy Adams immediately 
arose and requested that the amendment 
should not be pressed. It would embarrass, 



petent legislative power. The amend- 
ment, however, was carried, and the bill 
with it passed the House, but was lost 
in the Senate. 

The second session of the Twenty- 
ninth Congress commenced on the 7th 
of December, 1846, and continued to the 
3d of March, 1847, when it expired by 
the limitation of its term. 




DOMliARIlMI'-NT 



if not defeat, the appropriation asked for, 
which he was in favor of granting. He 
also expressed the opinion that the 
amendment was practically of no im- 
portance, as slavery was already abol- 
ished by Mexico in all the territory 
proposed to be acquired ; and the laws 
then prevailing in the acquired country 
would continue until repealed by com- 



OF VERA CRUZ. 

During this period the question of 
slavery was the chief topic of discussion 
and agitation, the controversy with 
England on the Oregon question having 
been amicably adjusted on a compromise 
line of the forty-ninth degree or parallel 
of north latitude. On the 15th of Janu- 
ary, [847, when the bill for organizing 
a territorial government in Oregon 



THE ADMINISTRATION OE POLK. 



49J 



was pending in the House, with the I 30' north latitude." This amendment 
Wilmot proviso incorporated in it, it was was rejected : showing that the restrio 
moved by Mr. Burt, of South Carolina, I tionists did not intend to abide by that 




GENERAL SCOTT ENTERING THE CITY OF MEXICO. 

to insert, just before the restrictive I line, on the principle of a division of the 
clause, these words : " Inasmuch as the public domain between the two great 
whole of said territory lies north of 36 I sections of the Union, unnn which it was 



494 



HISTORY OF THE IW'ITED STATES. 



Book II, c. 21 



originally based. This bill passed the 
House without any qualification of the 
slavery restriction, so incorporated in it. 
In the meantime, Mr. Calhoun, who had 
returned to the Senate, introduced in 
that body a series of resolutions, which 
embodied the views of strict construc- 
tionists. This resolution was in these 
words : 

''Resolved, That the Territories of the 
United States belong to the several 
States composing the Union, and are 
held by them as their joint and common 
property. 

"Resolved, That Congress as the joint 
agent and representative of the States of 
this Union, has no right to make any 
law, or do any act whatever, that shall 
di recti}', or by its effects, make any dis- 
crimination between the States of this 
Union by which any of them shall be 
deprived of its full and equal right in 
any territory of the United States ac- 
quired or to be acquired. 

"Resolved, That the enactment of any 
law, which should directly, or by its 
effects, deprive the citizens of any of the 
States of this Union from emigrating 
with their property into any of the Ter- 
ritories of the United States, will make 
such discrimination, and would, there- 
fore, be a violation of the Constitution, 
and the rights of the States from which 
such citizens emigrated, and in deroga- 
tion of their perfect equality, which be- 
longs to them as members of this Union, 
and would tend directly to subvert the 
Union itself. 

"Resolved, That it is a fundamental 
principle in our political creed, that a 
people, in forming a Constitution, have 
the unconditional right to form and 
adopt the government which they may 
think best calculated to secure their 
liberty, prosperity and happiness, and 



that in conformity thereto, no other con- 
dition is imposed by the Federal Consti- 
tution on a State, in order to be ad- 
mitted into this Union, except that its 
Constitution shall be Republican ; and 
that the imposition of any other by Con- 
gress would not only be in violation of 
the Constitution, but in direct conflict 
with the principle on which our political 
system rests." 

These resolutions gave rise to ani- 
mated and heated debates in the Senate, 
but never came to a vote. The bill to 
organize a territorial government for 
Oregon also failed in the Senate at this 
session. 

The first session of the Thirtieth Con- 
gress commenced on the 6th of Decem- 
ber, 1847, and continued to the 14th of 
August, 1848. A majority of the House 
were against the administration. The 
Whigs had carried the preceding elec- 
tions. The war with Mexico was not 
terminated when it met. The slavery 
question, however, was the most agitat- 
ing of all others. The principles gov- 
erning the discussions were those set 
forth in Mr. Calhoun's resolution on the 
one side, and those embodied in the 
Wilmot proviso on the other. In the 
midst of this excitement, ex-President 
John Quincy Adams was stricken with 
paralysis at his seat in the House, on the 
2ist of February, 1848. lie was borne 
to the Speaker's room, where he re- 
mained two days, and then expired on 
the 23d, in the eighty-first year of his 
age. I lis remains were escorted to his 
home at Quincy, Massachusetts, by com- 
mittees of both houses of Congress, and 
the highest funeral honors paid to his 
memory. His last intelligible words 
were, "This is the end of earth." 

While these agitations were going on, 
the people of Wisconsin, on the 29th of 



THE ADMINISTRATION OF TOLK. 



495 



May, 1848, were admitted as a separate 
State into the Union. 




COAT OF ARMS OF WISCONSIN. 

After the treaty of peace with Mexico, 
various efforts were made to settle the 
slavery question between the States, in 
organizing territorial governments for 
Oregon, California, New Mexico and 
Utah. Mr. Douglas in the Senate made 
an urgent appeal to adhere to the prin- 
ciple of a division of the public domain 
on the line of 36 30', known as the 
"Missouri Compromise" line. This was 
utterly repudiated by a controlling ma- 
jority from the Northern States, both in 
the House and Senate. A territorial 
government was finally organized for 
Oregon, with an unqualified restriction 
on slavery in it. All attempts to settle 
the question as to the other Territories 
utterly failed. In this state of things 
Congress adjourned on the 14th of 
August, 1848. 

During the fall of this year another 
Presidential election came off. The 
combined elements of opposition to the 
administration, in the main, continued to 
bear the name of Whigs, though the 
anti-slavery element now formed a dis- 
tinct organization known as " Free-Soil- 
ers." The Democratic party held their 
general Convention at Baltimore, on the 
22d of May, and put in nomination for 
the Presidency General Lewis Cass, of 
Michigan, and for the Vice-Presidency 
General William O. Butler, of Kentucky. 
The Whigs held their Convention at 
Philadelphia on the 1st of June, and put 



in nomination for the Presidency General 
Zachary Taylor, of Louisiana, and for 
the Vice-Presidency Millard Fillmore, 
of New York. The Free-Soilers held 
their Convention at Buffalo, N. Y., on 
the 8th of August, and put in nomina- 
tion for the Presidency Martin Van 
Buren, of New York, and for the Vice- 
Presidency Charles Francis Adams, of 
Massachusetts. 

The result of the election was 163 
electoral votes for the Whig ticket and 
127 for the Democratic. The Free-Soil 
ticket received no electoral vote ; but 
local returns showed that out of a pop- 
ular vote of nearly 3,000,000, there were 
polled for it nearly 300,000 individual 
votes. The vote for Taylor and Fillmore 
by States stood fifteen ; and for Cass and 
Butler fifteen also. The fifteen States 
that voted for Taylor and Fillmore were 
Massachusetts, Rhode Island, Connec- 
ticut, Vermont, New York, New Jersey, 
Pennsylvania, Delaware, Maryland, North 
Carolina, Georgia, Kentucky, Tennessee, 
Louisiana, and Florida ; the fifteen that 
voted for Cass and Butler were Maine, 
New Hampshire, Virginia, South Caro- 
lina, Ohio, Mississippi, Indiana, Illinois, 
Alabama, Missouri, Arkansas, Michigan, 
Texas, Iowa, and Wisconsin. Taylor 
and Fillmore, therefore, having received 
a majority of the electoral votes, were 
declared elected to the offices of Presi- 
dent and Vice-President, for four years 
after the 4th of March ensuing. 

During the second session of the 
Thirtieth Congress, which convened on 
the 4th of December, 1848, and expired 
on the 4th of March, 1849, no act of 
importance was passed. Several efforts 
were made to settle the question of 
slavery in the Territories. Soon after 
the acquisition of California, gold mines 
were discovered in that countrv, which 



496 



proved to be perhaps the richest in the 
world. These attracted a rapid and an 
immense immigration. The population 
soon swelled to over 100,000. An or- 
ganized government was greatly needed, 
but owing to the discordant elements of 
the political parties at Washington, the 
subject of a government for them, as well 
as for the people of Utah and New 
Mexico, was left to the councils of the 
incoming administration and the patri- 
otism of another Congress. 

On the 4th of March, 1849, Mr - Pol k 
retired to his home in Tennessee. His 
administration had been a stormy one. 
It will, however, always be distin- 
guished in history by its eminently wise 
financial and revenue policy, the settle- 
ment of the Oregon question with Eng- 
land, and the immense acquisition of 
territory from Mexico. During its 
period also, great lustre was added to 
the military renown of the United States. 

It may not be inappropriate here to 
add that Mr. Polk was of Scotch-hi-di 
stock, original!)- named Pollock ; and 
was a grand-nephew of Colonel Thomas 
Polk, celebrated in connection with the 
Mecklenburg Declaration of Independ- 
ence. Samuel Polk, his father, while his 
son James Knox was in his minority, 
moved from North Carolina to Tennes- 
see. This was in 1806. The son grad- 
uated at the university at Nashville in 
18 1 8. He studied law with Felix Grundy, 
a jurist and statesman of great distinc- 
tion in that State. Polk, after being 
admitted to the bar, settled at Columbia, 
Tennessee, in 1820, and rose rapidly in 
his profession. He soon took an active 
part in politics. He was elected to the 
Legislature in 1823, and continued a 
member until 1825, when he was elected 
to Congress, and was re-elected continu- 
ously until 1839. 



HISTORY OF HIE UNITED STATES. 0ookH..«.8E 

CHAPTKR XXII. 



ADMINISTRATION OF TAYLOR. 

(4th of March, 1849 — 22t ' °f December, 1849.) 

The Allison letters — The inaugural and attending 
scenes — New cabinet — Fust object of attention — 
Affairs and condition of things in the Territory of 
California — Thomas Butler King's mission — Death 
of ex-President James K. Polk — Meeting of Thirty- 
first Congress, December, 1849; — Great excitement 
in the House over the election of Speaker — No 
party had the majority — The Whig caucus — Some 
Southern Whigs refused to support the nominee, 
Mr. Winters — Howell C'..M>, <>f ( reorgia, nominated 
by the Democrats — Gentry voted for by some 
Southern Whigs — Exciting debates in the House 
— Speeches of Duer, Bailey, Toombs, Stanton and 
others — A rule adopted cutting off debate — Toombs' 
denunciation of it — Plurality rule adopted for the 
election of the Speaker — Howell Cobb finally 
elected under it, his vote being nine less than a 
majority. 

HE 4th of March, 1849, coming 
on Sunday, Zachary Taylor was 
duly inaugurated as the twelfth 
President of the United States 
on the next day, Monday, the 
5th of that month, in the 65th year of 
his age. The oath of office was admin- 
istered by Chief-Justice Taney, in the 
presence of an immense concourse of 
people, in front of the east portico of 
the capitol. He had received a majority 
of the electoral votes of both sections 
of the Union, and intense interest was 
felt as to the policy he would pursue in 
regard to the exciting questions upon 
the subject of slavery in the newly ac- 
quired territory which then aroused so 
much bitterness. 

The platform upon which he had been 
nominated by the Whig Convention con- 
sisted really of two letters that he had 
addressed to Captain J. S. Allison, a 
prominent Whig of Louisiana; one on 
the 1 2th of April, and the other on the 
22d of May, preceding the nomination. 




The first of these letters is 
words : 

" Baton Rouge, April 12th, 1848. 
"Dear Sir: My opinions have so 
often been misconceived and misrepre- 
sented, that I deem it due to myself, if 



THE ADMINISTRATION OF TAYLOR 

in these 



497 



having, at the solicitation of many of my 
countrymen, taken my position as a can- 
didate, I do not feel at liberty to surrender 
that position until my friends manifest a 
wish that I should retire from it. I will 
then most gladly do so. I have no pri- 




PRESIDENT TAYLOR. 



not to my friends, to make a brief ex- 
position of them upon the topics to 
which you have called my attention. 

"I have consented to the use of my 

name as a candidate for the Presidency. 

I have frankly avowed my own distrust 

of my fitness for this high station ; but 

32 



vate purposes to accomplish, no party 
projects to build up, no enemies to 
punish, nothing to serve but my country. 
" I have been very often addressed by 
letter, and my opinions have been asked 
upon almost every question that might 
occur to the writers, as affecting the in- 



498 



HISTORY OF THE UNITED STATES. 



Book II, c 22 



terests of their country or their party. 
I have not always responded to these 
inquiries for various reasons. 

" I confess, while I have great cardinal 
principles which will regulate my politi- 
cal life, I am not sufficiently familiar 
with all the minute details of political 
legislation, to give solemn pledges to 
exert myself to carry out this or defeat 
that measure. I have no concealment. 
I hold no opinion which I would not 
readily proclaim to my assembled coun- 
trymen; but crude impressions upon 
matters of policy, which may be right 
to-day and wrong to-morrow, are, per- 
haps, not the best tests of fitness for 
office. One who cannot be trusted with- 
out pledges cannot be confided in merely 
on account of them. 

"I will proceed, however, now to re- 
spond to your inquiries: 

" First. I reiterate what I have so often 
said: I am a Whig. If elected I would 
not be the mere President of a party. I 
would endeavor to act independent of 
party domination. I should feel bound 
to administer the government untram- 
melled by party schemes. 

" Second. The veto power. The power 
given by the Constitution to the execu- 
tive to interpose his veto is a high con- 
servative power; but in my opinion 
should never be exercised except in 
cases of clear violation of the Constitu- 
tion, or manifest haste and want of con- 
sideration by Congress. Indeed I have 
thought that for many years past, the 
known opinions and wishes of the ex- 
ecutive have exercised an undue and 
injurious influence upon the legislative 
department of the government; and for 
this cause I have thought our System 
was in danger of undergoing a great 
change from its true theory. The per- 
sonal opinions of the individual who 



may happen to occupy the executive 
chair ought not to control the action of 
Congress upon questions of domestic 
policy; nor ought his objections to be 
interposed where questions of constitu- 
tional power have been settled by the 
various departments of government, and 
acquiesced in by the people. 

"Third. Upon the subject of the tariff, 
the currency, the improvement of our 
great highways, rivers, lakes, and har- 
bors, the will of the people as expressed 
through their representatives in Congress, 
ought to be respected and carried out by 
the executive. 

"Fourth. The Mexican war. I sin- 
cerely rejoice at the prospect of peace. 
My life has been devoted to arms, yet I 
look upon war, at all times and under 
all circumstances, as a national calamity, 
to be avoided if compatible with the 
national honor. The principles of our 
government, as well as its true policy, is 
opposed to the subjugation of other 
nations and the dismemberment of other 
countries by conquest. In the language 
of the great Washington, 'Why should 
we quit our own to stand on foreign 
ground!' In the Mexican war our na- 
tional honor has been vindicated; and in 
dictating terms of peace, we may well 
afford to be forbearing and magnanimous 
to a fallen foe. 

" These are my opinions on the subjects 
referred to by you, and any reports or 
publications, written or verbal, from any 
source, differing in any essential particular 
from what is here written, are unauthor- 
ized and untrue. 

" I do not know that I shall again write 
upon the subject of national politics. I 
shall engage in no schemes, no combina- 
tions, no intrigues. If the American 
people have not confidence in me, they 
ought not to give me their suffrages. If 



THE ADMINISTRATION OF TAYLOR. 



499 



they do not, >ou know me well enough 
to believe me when I declare I shall be 
content. I am too old a soldier to mur- 
mur against such high authority. 

" Z. Taylor. 
" To Captain J. S. Allison." 

The other letter, written on the 22d of 
May, afterwards, in no way modified the 
sentiments expressed in the one of the 
1 2th of April. It only embraced a few 
other topics, including and favoring a 
judicious system of internal improve- 
ments, etc., by the general government. 
But in neither of these letters was any- 
thing said upon the subject of slavery, 
the Wilmot Proviso, or the power of 
Congress over the subject, which then 
constituted the most agitating questions 
of the day. 

In the canvass he had said that he was 
a Whiff, but not an ultra Whirr. Hence 
his inaugural was looked to with intense 
interest in the excited state of the coun- 
try. It was deemed conciliatory and was 
satisfactory to " the friends of the Union 
under the Constitution." Having spent 
most of his life in the army, he had never 
taken any active part in politics, though 
his sympathies were well known to have 
been in early life with those of the jef- 
fersonian school. 

The new cabinet consisted of John M # 
Clayton, of Delaware, Secretary of State ; 
William M. Meredith, of Pennsylvania, 
Secretary of the Treasury; George W. 
Crawford, of Georgia, Secretary of War; 
William B. Preston, of Virginia, Secre- 
tary of the Navy; Thomas Ewing, of 
Ohio, Secretary of the Interior (the new 
Executive Department just created); 
Jacob Collamer, of Vermont, Postmaster- 
General, and Revcrdy Johnson, of Mary- 
land, Attorney-General. 



Among the first subjects which occu- 
pied the attention of the new administra- 
tion was the state of things in California. 
Thomas Butler King, of Georgia, was 
despatched as a special agent, with in- 
structions to advise the people, in co- 
operation with General Riley, then in 
command there, to adopt a Constitution 
for their own local self-government, pre- 
paratory to their admission into the 
Union as a State. In pursuance of this 
policy a Convention was called, and a 
State government instituted. 

In May of this year occurred a very 
notable riot, at the Astor Place Opera 
House, in New York; it grew out of an 
antagonism of the friends of the two most 
celebrated and rival tragedian actors of 
that day, Edwin Forrest, of the United 
States, and W. C. Macready, of England. 
Prejudices growing out of the nationali- 
ties were the cause of it. The friends of 
Forrest, from some supposed slight he 
received from Macready in Europe, de- 
termined that he should not play at a 
second engagement he made in this coun- 
try. The first night of his appearance, 
the play was interrupted and Macready 
had to leave the stage from hisses and 
groans from the audience, and all sorts 
of yells and disorder, and the throwing 
of missiles and offensive liquids by the 
friends of Forrest from the galleries. 
The friends of Macready wishing the 
engagement to be carried out announced 
the play for the next evening, and called 
for the police and military authorities. 
This was but fuel to the flame. One of 
the greatest riots ever witnessed in New 
York was the result. A mob of 20,000 
assembled, the military fired upon them, 
and great numbers were killed and 
wounded. Macready made his escape 
from the theatre unhurt, but never at- 



$oo 



HISTORY OF THE UNITED STATES. 



Book II., c. I'l 



tempted further to fulfil his engagements. 
He soon sailed for England.* 

On the 15th of June, ex-President 
James K. Polk died in Nashville, Ten- 
nessee, in the 54th year of his age. 

The first session of the Thirty-first 
Congress commenced on the 5th of De- 
cember, 1849, and continued to 30th 
of September, 1850. This was the 
longest and stormiest session of Congress 
ever before assembled, not excepting 
those in which the Missouri agitation 
had excited so much alarm. It is known 
as the "Congress of 1850." 

The principle of a division of the pub- 
lic domain between the sections at- 
tempted to be established in 1820 having 
been entirely repudiated by the rcstric- 
tionists, as we have seen, within a year 
after the date of that act, was also de- 
cidedly repudiated on the admission of 
Arkansas in 1836^ It was again, by the 
same party, emphatically repudiated on 
the admission of Texas.J It was again 
as emphatically repudiated by the adop- 
tion of the "Wilmot Proviso " as«tated, 
in the House, on the 8th of August, 
1846,$ and again in a vote on the Oregon 
bill in 1847; || and then again on the 
passage of the bill for the organization 
of territorial government in Oregon in 
1848.** 

From this it clearly appears that so 
far from this principle having been en- 
tered into as a solemn covenant and 
compact between the sections in 1820, 
and strictly conformed to for thirty years, 
the record establishes the fact to be 



* For a full description of this extraordinary and 
tragic affair see "Our First Century." 

f Cong. Globe, 24th Congress, 1st session, pp. 434, 
442. \ Ibid., 2d session, p. 192. 

\ Cong. Globe, 29th Congress, 1st session, p. 12 14. 

|| Ibid., 2d session, p. 187. 

**Cong. Globe, 30th Congress, 1st session, pp. 
1027, 1061, 1062, 1078. 



directly to the contrary. It is true, that 
during all this period a majority of the 
Representatives of the Southern States 
were willing, as a compromise for the 
sake of union, peace, and harmony, to 
accept and abide by that line of division. 
But a majority of the members from the 
Northern States rejected and repudiated 
it in the House and Senate whenever 
the question came up. Upon the meeting 
of the Thirty-first Congress, therefore, 
this whole question relating to slavery 
in the vast public domains, recently 
acquired from Mexico, came up afresh 
with all its fierce and disturbing ele- 
ments, just as it had come up before the 
Fifteenth Congress, as to the then unset- 
tled public lands. California, New Mex- 
ico, and Utah were still undisposed of, in 
any way, as we have seen. It is true, 
two other attempts, besides those noticed, 
had been made to settle the controversy 
as to these new acquisitions, which had 
both failed. One was known as the 
" Clayton Compromise," in 1848, and the 
other as the " Walker amendment," in 
1849. As neither of these measures, 
however, had any direct bearing on the 
point, which we now have in hand, they 
may both be passed by at this time, 
without any inquiry into their respective 
merits or demerits.* 

The whole question, therefore, came 
up in 1849, as '* did in the beginning in 
1 81 8. A new administration had, in the 
meantime, come into power. The Dem- 
ocratic party, under whose auspices these 
acquisitions of territory had been made, 
had lost, not only the Presidential elec- 
tion in 1848, but had also lost their ma- 
jority in the House of Representatives. 
Never had any Congress convened under 

* For the author's views on the Clayton Compro- 
mise, see his speech on the subject, Appendix to 
Cong. Globe, 30th Congress, 1st session, p. 1103. 



THE ADMINISTRATION OF TAYLOR. 



50I 



so much excitement, or under so great 
responsibility as did the one on which 
then devolved the disposition of this 
question, under all the circumstances 
attending it. The embarrassments of 
the period were increased from the fact 
that, for the first time, Southern sen- 
ators and members were greatly divided, 
as to the proper course to pursue, in 
view of the question with all its bearings. 
Some believed the time had come for a 
separation of the States, and that every- 
thing should be done with a view to 
effect that result. Others believed that 
the Union might still be preserved upon 
constitutional principles, and that the 
object was worth the most earnest and pa- 
triotic efforts. This class believed, how- 
ever, that the time had come for a total 
abandonment of all old party associa- 
tions, and that the united South should 
act in party organization with those of 
the North only who would maintain 
the Federal system, as it was established 
by the Constitution. 

The principle of division having been 
abandoned by the North, from which 
side it had originally been proposed, 
this class maintained that the South, 
should now firmly and unitedly occupy 
their original position against the re- 
strictionists from the beginning of the 
government, and present the distinct 
question to the North of a continued 
Union under the Constitution, or an im- 
mediate separation. They believed that 
on this issue, squarely presented, a major- 
ity of the North would stand by the 
Constitution. The entire South, with 
few exceptions, were resolved not to 
submit to the " Wilmot Proviso," or, 
what was the same thing, a total exclu- 
sion from the public domain. Nearly 
all of the Southern States, if not every 
one, had passed resolutions to this 
effect 



But the particular class in Congress 
so mentioned, who were then of opinion 
that the best policy for the South was 
thus to make a united effort, through a 
reorganization of parties, to bring the ad- 
ministration of the government back to 
original principles, with hopes thus to 
preserve the Union, and the equality of 
the States, was confined at first, almost 
exclusively, to those known as Southern 
Whigs. They set the ball in motion by 
refusing to act further with the Whig 
organization as it was then constituted, 
when the party met in caucus to nomi- 
nate a candidate for Speaker of the 
House. A resolution, previously pre- 
pared on consultation, and presented 
by Mr. Toombs, of Georgia, was sub- 
mitted to this meeting, which in sub- 
stance was, that Congress ought not 
to put any restriction upon any State in- 
stitution in the common Territories, and 
ought not to abolish slavery as it then 
existed in the District of Columbia. 
Upon the refusal of this caucus even to 
entertain this proposition, this class re- 
tired from the meeting and would not 
act with the Whigs in the organization 
of the House. The class of Southern 
Whigs thought if all the Southern mem- 
bers would occupy the same position, 
with the view to an entire reorganization 
of parties, as stated, they thought this 
patriotic result of union and harmony 
could be accomplished. But no Southern 
Democrat favored the movement, while 
a majority of the Southern Whigs re- 
fused to sanction it. Howell Cobb, of 
Georgia, was the Democratic nominee 
for the Speaker's chair, and Robert C. 
Winthrop, of Massachusetts, was put in* 
nomination for re-election by the Whigs. 
The class of Southern Whigs referred to 
voted for Meredith P. Gentry, of Ten- 
nessee.* But neither of these two 



* See Appendix I. 



$02 



HISTORY OF THE UN1TKD STATES. 



Book II., C. M 



great parties, then so called, as matters 
stood at the time, had a majority in the 
House. Besides the Southern Whigs, 
who had thus separated themselves from 
their former party organization, there 
were fourteen extreme restrictionists 
from the North, composed partly of 
Whigs and partly of Democrats, who 
refused to support either of these nomi- 
nees. In this way the election of a 
Speaker was prevented for nearly a 
month, and would have been prevented 
from ever taking place on old party lines, 
if the entire South had united with this 
separate Southern organization in their 
purpose, or if the rules of the House 
had not been violated by the passage of 
a resolution declaring that a bare plu- 
rality of votes cast for any one, instead 
of a majority of the whole, should con- 
stitute an election. This subsequent 
events clearly proved. The position and 
views of these Southern Whigs, as well 
as the temper of the times, can best be 
known from a sample of the debates in 
the House, on the question of the elec- 
tion of a Speaker. 

Mr. Toombs took the lead in this 
matter, in behalf of his associates. At- 
tention will first be called to what he 
said in the midst of the confusion and 
excitement attending the organization of 
the House. It was on the 13th of De- 
cember, after nine days had been con- 
sumed in unsuccessful ballotings for 
Speaker. But before taking up this 
speech, it is proper to add to what has 
been said, a few words more in further 
explanation. The Democrats, having 
become satisfied that in no event could 
they concentrate a majority of votes upon 
their regular candidate (Mr. Cobb), had 
informally taken his name down, and run 
up that of Mr. William J.- Brown, of 
Indiana. On the 12th of December, 
after Mr. Brown had received a full ma- 



jority of all the votes in the House, but 
before the result was announced, what 
was characterized as a very discreditable 
arrangement between him and certain 
members belonging to the extreme re- 
strictionists referred to, then known as 
" Free-Soilers," by which he had pledged 
himself to constitute three important 
committees in such way as they had re- 
quired, was exposed, when Southern 
Democrats immediately withdrew their 
votes, and he failed of an election. Mr. 
Albert G. Brown, of Mississippi, then in- 
troduced a resolution declaring Mr. Cobb 
the Speaker. 

It was amidst the confusion growing 
out of this state of things that Mr. Duer, 
of New York, next day addressed the 
House at some length. Amongst othci 
things, he said : 

" The gentleman from Mississippi [Mr. 
Brown] had introduced a proposition, 
declaring the gentleman from Georgia 
[Mr. Cobb] to be the Speaker of this 
House; in other words, a proposition 
calling upon his (Mr. D.'s) side of the 
House (the Whig side) to make an un- 
conditional surrender. It appeared to 
him that this was asking altogether too 
much ; for his own part, so anxious was 
he that an organization should be ef- 
fected, that he was willing to organize in 
almost any way, by electing to the 
Speaker's chair cither a Whig or a 
Democrat, or a Free-Soilcr — any one, in 
short, except a disunionist. He never 
would give his vote for any man whom 
he believed to be inimical to the 
Union. 

" Mr. Bayley, of Virginia (interposing), 
said : There are no disunionists in this 
House. 

" Mr. Duer. — I wish I could think so, 
but I fear there are." * 

In this speech, Mr. Duer made no 

*Cong. Globe, 31st Congress, 1st session, p. 27. 



THE ADMINISTRATION OF TAYLOR. 



co- 



special mention of the Southern Whigs, 
who thus stood aloof, and did all in their 
power to prevent an organization, under 
circumstances then existing; but he evi- 
dently referred to them, in his remarks 
about not voting for a disunionist ; for 
the position of these Whigs was well 
known at the time to be for a separation 
of the States, or the abandonment by 
Congress of the general territorial re- 
striction. 

It was now that Mr. Toombs, in his 
own behalf, as well as in behalf of these 
Southern Whigs, who up to this time 
had been silent, rose, and in his bold, 
dashing, impromptu, Mirabeau strain, 
delivered himself in these words : 

" The difficulties in the way of the 
organization of this House are apparent 
and well understood here, and should be 
understood by the country. A great 
sectional question lies at the foundation 
of all these troubles. The disgraceful 
events of yesterday, and the explanations 
consequent upon their exposure, prove 
conclusively that the Democratic party 
and the Free-Soilers were both acting 
in reference to it. The Southern Demo- 
crats were satisfied, from the public 
course and private assurances both of 
the member whom they supported and 
his friends, that he was worthy of trust 
upon these important sectional issues. 
The disclosures which were made proved 
that they were mistaken ; and, with a 
promptness honorable to them, they 
instantly withdrew their support, and 
left the discredit to fall where it properly 
belonged. The Free-Soilers, who were 
engaged in the discreditable conspiracy, 
secretly and dishonorably sought to ac- 
quire advantages in the organization of 
the House by private pledges, concealed 
and intended to be concealed from the 
great majority of those whose votes were 



necessary to elect the person for whom 
they voted. They sought, by a discred- 
itable trick, to secure those advantages 
in the organization which they had not 
the courage or the boldness openly to 
demand. They affected to rely on a 
written pledge which they knew was 
given in fraud and treachery. I leave 
the morality and honesty of this party 
to be tested by the simple fact of this 
transaction, with the single remark that 
these are the men whose consciences 
have no rest on account of what they 




ROBERT TOOMBS. 



call the sin of slavery. The Whig party 
presented their nominee, who has re- 
ceived the support of the great majority 
of that party. No pledges were asked 
by the Northern members of that party, 
for the very sufficient reason that, being 
in a majority of nearly three to one, they 
were abundantly able to take care of 
themselves. I did not act with them, 
because the events of the past, of the 
present, and the prospect of the future, 
force the conviction on my mind that the 
interests of my section of the Union arc 



504 



HISTORY OF THE UNITED STATES. 



Book II., c. 22 



in danger, and I am therefore unwilling 
to surrender the great power of the 
Speaker's chair without obtaining secur- 
ity for the future. 

"We have just listened to strong ap- 
peals upon the necessity of organizing 
the House. I confess I do not feel that 
necessity. From the best lights before 
me, I cannot see that my constituents 
have anything to hope from your legis- 
lation, but everything to fear. We are 
not impatient to have the doors of your 
treasury thrown open, and $40,000,000 
of the common taxes of the whole nation 
thrown into the lap of one-half of it. 
We ask for none of it ; we expect none 
of it ; therefore, gentlemen must pardon 
my want of sympathy for their impa- 
tience. By giving you the control of 
the treasury, we increase your ability 
to oppress. I want grievances redressed, 
and security against their further perpe- 
tration before I am willing to give you 
power over the supplies. Sir, I do not 
regret this state of things in the House. 
It is time we understood one another ; 
that we should speak out, and carry our 
principles in our foreheads. 

" It seems from the remarks of the 
gentleman from New York, that we are 
to be intimidated by eulogies upon the 
Union, and denunciations of those who 
are not ready to sacrifice national honor, 
essential interests, and constitutional 
rights upon its altar. Sir; I have as 
much attachment to the Union of these 
States, under the Constitution of our 
fathers, as any freeman ought to have. 
I am ready to concede and sacrifice for 
it whatever a just and honorable man 
ought to sacrifice. I will do no more. 
I have not heeded the aspersions of 
those who did not understand, or desired 
to misrepresent my conduct or opinions 
in relation to these questions, which, in 



my judgment, so vitally affect it. The 
time has come when I shall not only 
utter them, but make them the basis of 
my political action here. I do not, then, 
hesitate to avow before this House and 
the country, and in the presence of the 
living God, that if by your legislation 
you seek to drive us from the Territories 
of California and New Mexico, pur- 
chased by the common blood and treas- 
ure of the whole people, and to abolish 
slavery in the District, thereby attempt- 
ing to fix a national degradation upon 
half the States of this Confederacy, / am 
for disunion; and if my physical courage 
be equal to the maintenance of my con- 
victions of right and duty, I will devote 
all I am and all I have on earth to its 
consummation. 

"From 1787 to this hour, the people 
of the South have asked nothing but 
justice — nothing but the maintenance of 
the principles and the spirit which con- 
trolled our fathers in the formation of 
the Constitution. Unless we are un- 
worthy o^our ancestors, we will never 
accept less as a condition of Union. A 
great constitutional right which was de- 
clared by a distinguished Northern 
Justice of the Supreme Court (Judge 
Baldwin) to be the corner-stone of the 
Union, and without which, he avers, in a 
judicial decision, it would never have 
been formed, has already practically 
been abrogated in all the non-slavehold- 
ing States. I mean the right to reclaim 
fugitives from labor. I ask any and 
every Northern man on this floor, to 
answer me, now, if this is not true — if 
this great right, indispensable to the 
formation of the Union, is any longer, 
for any practicable purpose, a living 
principle? There are none to deny it. 
You admit you have not performed your 
constitutional duty; that you withhold 



THE ADMINISTRATION OF TAYLOR. 



505 



from us a right which was one of our 
main inducements to the Union; yet you 
wonder that we look upon your eulogies 
of a Union whose most sacred principles 
you have thus trampled under foot as 
nothing better than mercenary, hypocriti- 
cal cant. This District was ceded im- 
mediately after the Constitution was 
formed. It was the gift of Maryland to her 
sister States for the location of their com- 
mon government. Its municipal law main- 
tained and protected domestic slavery. 
You accepted it. Yourhonor was pledged 
for its maintenance as a national capital. 
Your faith was pledged to the mainten- 
ance of the rights of the people who 
were thus placed under your care. Your 
fathers accepted the trust, protected 
the slaveholder and all other citizens in 
their rights, and in all respects faithfully 
and honestly executed the trust; but 
they have been gathered to their fathers, 
and it was left to their degenerate sons 
to break their faith with us, and insolently 
attempt to play the master where they 
were admitted as brethren. I trust, sir, 
if the representatives of the North prove 
themselves unworthy of their ancestors, 
we shall not prove ourselves unworthy 
of ours; that we have the courage to de- 
fend what they had the valor to win. 

"The Territories are the common prop- 
erty of the people of the United States, 
purchased by their common blood and 
treasure. You are their common agents ; 
it is your duty, while they are in a terri- 
torial state, to remove all impediments 
to their free enjoyment by all sections and 
people of the Union, the slaveholder and 
the non-slaveholder. You have given 
the strongest indications that you will 
not perform this trust — that you will ap- 
propriate to yourselves all of this terri- 
tory, perpetrate all these wrongs which I 
have enumerated; yet, with these decla- 



rations on your lips, when Southern men 
refuse to act in party caucuses with you, 
in which you have a controlling majority 
— when we ask the simplest guarantee 
for the future — we are denounced out of 
doors as recusants and factionists, and in- 
doors we are met with the cry of ' Union, 
Union.' 

" Sir, we have passed that point. It is 
too late. I have used all my energies, 
from the beginning of this question, to 
save the country from this convulsion. 
I have resisted what I deemed unneces- 
sary and hurtful agitation. I hoped 
against hope, that a sense of justice and 
patriotism would induce the North to 
settle these questions upon principles 
honorable and safe to both sections of the 
Union. I have planted myself upon a 
national platform, resisting extremes at 
home and abroad, willingly subjecting 
myself to the aspersions of enemies, and, 
far worse than that, the misconstruction 
of friends, determined to struggle for, 
and accept any fair and honorable adjust- 
ment of these questions. I have almost 
despaired of any such, at least from this 
House. We must arouse and appeal to 
the nation. We must tell them, boldly 
and frankly, that we prefer any calami- 
ties to submission, to such degradation 
and injury as they would entail upon us, 
that we hold that to be the consumma- 
tion of all evil. I have stated my posi- 
tions. I have not argued them. I re- 
serve that for a future occasion. These 
are the principles upon which I act here. 
Give me securities that the power of the 
organization which you seek will not be 
used to the injury of my constituents, 
then you can have my co-operation ; but 
not till then. Grant them, and you pre- 
vent the recurrence of the disgraceful 
scenes of the last twenty-four hours, and 
restore tranquillity to the country. Re- 



506 



HISTORY OF THE UNITED STATES. 



Book II., c. 22 



fuse them, and, as far as I am concerned, 
' let discord reign forever ! ' 

"[Several times during the delivery 
of these remarks, Mr. T. was interrupted 
by loud bursts of applause.]" * 

This speech produced a profound 
sensation in the House and in the coun- 
try. It received rounds of applause 
from the floor and the galleries. It did 
hot, however, assuage, in the slightest 
degree, either the bitterness or the de- 
termination of the restrictionists. This 
is apparent from the fact that, the next 
day, a resolution was passed prohibiting 
all further debate, and also from another 
specimen of the proceeding on the 22d 
of December, which deserves special 
notice. But before referring to this 
specimen, it is proper to state that after 
the disclosure of the arrangement which 
Mr. Brown had entered into, his name 
was immediately withdrawn by the 
Democrats, and that of Mr. Cobb again 
put up; but no election had taken place, 
and it was evident that none could take 
place under the rules without an aban- 
donment of the then party organizations. 
The Whigs and the Democrats, in order 
to get over the difficulty, and to elect a 
Speaker without corning to the terms of 
these Southern Whigs, as stated, had 
come to a joint resolution, which was 
presented to the Mouse by Mr. Stanton, 
of Tennessee, from the Democratic side 
of the conference committee between 
the two great parties, on the 226. of 
December, and which declared in sub- 
stance, that that person should be 
Speaker who should receive the largest 
number of votes, barely, on a certain 
ballot, provided the number so received 
should be a majority of a quorum, though 
it fell short of a majority of the House. 
This was a plurality mode of election in 

*Cong. Cilobc, 31st Congress, 1st session, p. 27. 



direct violation of the rules of the House. 
The scenes which occurred when it was 
presented constitute the specimen of the 
proceedings on that day to which atten- 
tion is now called, and in which Mr. 
Toombs again figured in the style we 
shall see. It is unnecessary to do more 
than give an extract of this speech, a 
sample of the most striking points in the 
general prevailing disorder. The parts 
omitted have no material bearing upon 
those here reproduced: 

" Mr. Stanton, of Tennessee, rose and 
said, that he desired to present a prop- 
osition to the House. He presumed 
that under the rule which had been 
adopted, it would not be in order to de- 
bate it. He would, however, be per- 
mitted to say, that it was a proposition 
known to have been presented on the 
part of the committee appointed by the 
Whig caucus, to confer with a similar 
committee appointed by the Democratic 
caucus. 

"Mr. Toombs inquired of the gentle- 
man from Tennessee [Mr. Stanton] if 
he yielded the floor?" 

Mr. Stanton. — " I do, if it is understood 
that I am to have the floor, as soon as 
the question is decided." 

Mr. Toombs (still remaining upon the 
floor) said : " I desire to be heard, to 
show this House, that they have no 
right to pass such an order, as they 
adopted on the 14th instant; that, ac- 
cording to the Constitution and the act 
of Congress of 1789, this House [in its 
present condition] has not the right to 
pass that or any other rule." 

Mr. Duer. — "I am willing to hear the 
gentleman from Georgia, and I propose 
that the unanimous consent be given to 
allow that gentleman and all other gen- 
tlemen to discuss the point." 

Mr. Baker. — " I move that by unani- 



THE ADMINISTRATION OF TAYLOR. 



507 



mous consent the gentleman from Geor- 
gia be allowed to debate this question." 

Mr. Inge called attention to the fact 
that the motion of the gentleman from 
Illinois (Mr. Baker) could not be re- 
ceived, as there was already a question 
pending upon his motion, to rescind the 
resolution of the 14th instant. 

The Clerk (to Mr. Toombs).— "Will 
the gentleman from Georgia allow me 
to put the question upon the motion to 
rescind the rule?" 

Mr. Toombs. — "No. I have the 
floor. I deny the constitutional right 
of this House to pass that resolution, 
or any other rule or resolution. It is 
an unauthorized infringement of the 
great right of freedom of speech. The 
Constitution and the law of 1789 — " 
[Loud cries to order.] 

Mr. Toombs. — "You may cry order, 
gentlemen, till the heavens fall; you 
cannot take this place from me. I have 
the right to protest against this transac- 
tion. It is not with you to say whether 
this right shall be yielded, and when it 
shall be yielded. I desire, then, gentle- 
men of the House, to show that you are 
without rules, and that no orders can — " 
[Cries to order — "Sit down; you have 
no right to debate."] 

Mr. Toombs (continuing). — " I am at- 
tempting to show to you that no man 
can rise to order — " [Calls to order.] 

Mr. Stevens, of Pennsylvania". — " I call 
the gentleman to order." 

Mr. Toombs (continuing). — "I say 
that, by the law of 1789, this House, 
until a Speaker is elected, and gentlemen 
have taken the oath of office, has no 
right to adopt any rules whatsoever." 
[Loud cries of "Order!"] 

Mr. Toombs. — " Gentlemen may amuse 
themselves by crying 'order — ' " [Calls 
to order.] 



Mr. Toombs. — "But I have the right, 
and I intend to maintain the right to — " 

Mr. Van Dyke. — "I call upon the 
clerk to put the question, and let us see 
whether the gentleman will disregard 
the order of this House." 

Mr. Toombs. — " I have the floor, and 
the clerk cannot put the question. I 
submit that — " [Calls to order.] 

Mr. Toombs (continuing). — " The clerk 
has not the right to put the question of 
order." ["Order! order!"] 

Mr. Toombs (continuing). — " That can- 
not be done. The House has no right. 
Gentlemen may cry 'order,' and inter- 
rupt me. It is mere brute force, at- 
tempting, by the power of lungs, to put 
down a gentleman in the exercise of his 
right." [Cries to order.] 

Mr. Toombs (continuing). — "But gen- 
tlemen cannot deprive me of my rights. 
I shall insist upon them to the last ex- 
tremity." 

Mr. Van Dyke. — " It is for the House 
to decide whether the gentleman is in 
order or not." 

The Clerk. — "The gentleman from 
New Jersey rises to a question of order. 
The question submitted to the House 
is — " 

Mr. Toombs. — " I deny the right of 
the clerk to put the question. I am 
upon the floor, and it is my right to — " 
[Calls for the yeas and nays from various 
parts of the House.] 

The Clerk (Mr. Toombs still upon the 
floor). — "The yeas and nays are de- 
manded upon the motion of the gentle- 
man from Alabama (Mr. Inge). Gentle- 
men, you, who are in favor of agreeing 
to the motion, will, when your names 
are called, say 'aye;' those of a con- 
trary opinion will say 'no.' The clerk 
will call the roll." 

Mr. Toombs (continuing). — " I deny 



508 



HISTORY OF THE UNITED STATES. 



Book II., c. 22 



the right of these gentlemen to — " 
[Cries of " Order! " " Call the roll ! "] 

Mr. Toombs. — " I shall debate the 
question whether you call the roll or 
not." [Great confusion.] 

Mr. Breck. — " I move that this House 
do now adjourn." 

Mr. Toombs (continuing). — "I keep 
upon the floor. Shall the clerk deprive 
me of my constitutional rights ? [' Order ! 
order!'] Shall members, by crying 
'order,' deprive me of those rights? I 
desire to show my rights under the 
Constitution. You do well to call the 
roll, and to cry 'order :'" [loud calls to 
order,] " but I deny the right of any and 
every man to interrupt me." 

[Cries of "Go it, Toombs." "Call 
the roll;" "order," and great confusion.] 
In the midst of this, and while Mr. 
Toombs was still addressing the House, 
the clerk commenced to take the yeas 
and nays, on the motion of Mr. Inge. 

Mr. Toombs continued to speak. Great 
confusion prevailed. 

He said: " If you seek," by violating 
the common law of Parliament, the laws 
of the land, and the Constitution of the 
United States, to put me down, ['order! 
order!' ' Call the roll,'] you will find it 
a vain and futile attempt. [' Order ! 
order ! '] I am sure I am indebted to 
the ignorance of my character of those 
who are thus disgracing themselves, 
[' order ! order ! '] if they suppose any 
such efforts as they are now making will 
succeed in driving me from the position 
I have assumed. ['Order! order!'] It 
is too strongly planted in the very founda- 
tions of public liberty. ['Order! order!'] 
I stand upon the Constitution of my 
country, upon the liberty of speech, 
['order! order!'] which you have treach- 
erously violated, and upon the rights of 
my constituents, and your fiendish yells 



may be well raised to drown an argument 
which you tremble to hear. You claim 
and have exercised the power to prevent 
all debate upon any and every subject ; 
['order! order!'] yet you have not even 
as yet, shown your right to sit here at 
all. I will not presume that you have 
any such right. ['Order! order!'] I 
will not suppose that the American peo- 
ple have selected such agents to repre- 
sent them ; and I therefore demand that 
they shall comply with the act of 1789, 
before I shall be bound to submit to 
their authority." [Loud cries of " Order ! 
order!"' "The second section of that 
act is [in] these words : 

" ' That at the first session of Congress 
after eveiy general election of Repre- 
sentatives, the oath or affirmation afore- 
said shall be administered by any one 
member of the House of Representa- 
tives to the Speaker, and by him to all 
the members present, and to the clerk, 
previous to entering on any other busi- 
ness' 

" This you have not done. [' Order ! 
order ! '] Your power to make rules for 
your own government does not belong 
to you in your unorganized condition. 
[Cries of ' Order ! '] You must first be 
sworn to obey the Constitution, before 
you can bind me, or yourselves, or any 
other citizen, by your rules. [Loud cries 
of ' order ! order ! '] 

" You refuse to hear either the Con- 
stitution or the law, or the comments 
upon it. Perhaps you do well to listen 
to neither ; they all speak a voice of con- 
demnation to your reckless proceedings. 
But if you will not hear them, the 
country will. Every freeman, from the 
Atlantic to the Pacific shore, shall hear 
them, and every honest man will con- 
sider them. They are the securities for 
his rights as well as mine. You cannot 



THE ADMINISTRATION OF TAYLOR. 



509 



stifle the voice that shall reach their ears. 
The electric shock shall proclaim to the 
freemen of this Republic ['order! order!'] 
that an American Congress, having con- 
ceived the purpose to violate the Con- 
stitution and the laws, to conceal those 
enormities, have disgraced the record of 
their proceedings by placing upon it a 
resolution that their Representatives 
shall not be heard in their defence ; and 
finding this illegal resolution inadequate 
to secure so vile an end, have resorted to 
brutish yells and cries, to stifle the words 
of those whom they cannot intimidate. 
['Order! order! '] The law is clear, plain, 
and conclusive. You cannot answer it. 
It has been solemnly affirmed by an 
American Congress, in 1839. ['Order! 
order!'] I read from the Congressional 
Globe, page 56: On motion of Mr. 
Dromgoole, of Virginia, to adopt the 
standing rules and orders of the (then) 
last House of Representatives, as the 
rules and orders of that House, it was 
moved by Mr. Louis Williams to lay the 
resolution on the table. Mr. W. C. 
Johnson here made a point of order, that 
by the act of 1789, to which I have re- 
ferred, the House had no power to adopt 
rules until they were sworn. The 
Speaker (Mr. R M. T. Hunter) suggested 
that the better way of deciding the ques- 
tion would be on the motion (of Mr. 
Williams) to lay it on the table. The 
yeas and nays were called, and the reso- 
lution was laid upon the table by the 
casting vote of the Speaker; Congress 
thus deciding that, even after a more 
advanced stage of the proceedings, after 
a Speaker was elected, the House could 
not, before its members were sworn, even 
adopt rules for their own government. 
[The clerk still continued to call the roll, 
a few members were answering ; others 
inquiring what was the question ; others 



demanding that their names should be 
called, and great confusion ; during all 
of which Mr. Toombs held on in his re- 
marks.] 

"I ask [said Mr. T.] by what au- 
thority that man (pointing to the clerk's 
desk) stands there and calls those names ? 
By what authority does he interfere with 
the rights of a member of this House? 
[The clerk continued to call.] He is an 
intruder, and how dares he to interrupt 
members in the exercise of their consti- 
tutional rights ? Gentlemen, has the 
sense of shame departed with your sense 
of right, that you permit a creature, 
an interloper, in nowise connected with 
you, to stand at that desk and interrupt 
your order ? [' Order ! order ! '] 

" I have shown you that the House of 
Representatives decided this question in 
1839, pending the New Jersey contested 
election. At the head of the names af- 
firming it stands that of John Q. Adams 
— a gentleman distinguished at least for 
his vast and varied knowledge of con- 
stitutional law and the science of gov- 
ernment. The members of the House 
whose seats were not contested having 
decided (before they were sworn or or- 
ganized) that the vote of certain mem- 
bers of New Jersey should not be 
counted, and the validity of that decision 
being insisted upon, Mr. Adams said, 
' That decision was illegal, unconstitu- 
tional, null and void, on the ground, also, 
that the House, in its then unorganized 
state, had no power under the Constitu- 
tion, to decide any question.' The 
history of that whole controversy shows 
such to have been the general opinion 
of the House, as I am prepared to show 
from the debates now before me, but as 
the House seems to be a little more 
patient, I will not inflict further quota- 
tions upon them. The House continued, 



5io 



HISTORY OF THE UXITED STATES. 



Book II., c. 22 



without making any new rules, for days, 
until it was finally organized, and the 
members were sworn ; then rules were 
adopted for its government. 

"If, then, the House, before its or- 
ganization, could decide no question, 
how can it enact a law, binding upon 
its members, abridging the liberty of 
speech ? I venture to say that no such 
rule was ever before adopted in any de- 
liberative assembly. It is without a 
precedent in the annals of civilization. 
Even the revolutionary tribunals of 
France, during the Reign of Terror, did 
not soil their blood-stained records with 
an order denying the liberty of speech. 
This deed was reserved for you, Repre- 
sentatives of a free people. • [' Order ! 
order! '] What, then, is your condition? 
— what your rights, and what your du- 
ties, in your present condition ? Under 
the Constitution you have the right to 
choose your Speaker and other officers. 
This must be done in conformity to ex- 
isting laws, for you cannot now make a 
new law. The general parliamentary 
law, the common law of Parliament, as 
fir as it is not inconsistent with your 
Constitution and statute law, is your 
law. By it you are bound, until you are 
in a condition to make others. It is 
amply sufficient for all legitimate pur- 
poses of organization. Thirty Con- 
gresses have met and been organized 
und<T it, and no such tyrannical pro- 
ceeding as that which you have adopted 
has ever been deemed necessary. But 
you find yourselves trammelled by your 
party ties. Your plain duty is to break 
these ties, and perform your constitu- 
tional duty ; but you prefer to break the 
Constitution of your country. There- 
fore, you will, this day, do what you have 
already determined in caucus to do — you 
will delegate that power which the Con- 



stitution vests in the House of Repre- 
sentatives, to a minority of that House, | 
and you will permit that minority to ex- 
ercise your constitutional duty to choose 
a Speaker. A power delegated to the 
House must be used by a majority of 
the House. In Jefferson's Manual, we 
find the true and correct doctrine laid 
down, page 183 : ' The voice of the ma- 
jority decides ; for the lex majoris partis 
is the law of all councils, elections, etc., 
where not otherwise expressly provided.' 
It is not otherwise provided in the Con- 
stitution, nor laws, nor rules of Parlia- 
ment, nor in any rule of any proceeding 
of Congress. They, one and all, where 
the question is referred to, sustain the 
majority rule. It is the basis of our 
whole system. The will of any assembly 
can only be known by a majority. There- 
fore, whether every member of Congress 
is present, or but a majority of one, it is 
but a ' House,' and a majority must de- 
clare its will. I therefore demand of 
you, before the country, in the name of 
the Constitution and of the people, to 
repeal your illegal rule, reject the one on 
your table, and proceed to the discharge 
of the high duties which the people have 
confided to you, according to the unvary- 
ing precedents of your predecessors and 
the law of the land. 

("During the latter part of Mr. 
Toombs' speech the House was more 
tranquil.")* 

The whole of the above stenographic 
picture, made by Henry \Y. Wheeler, 
reported for Congressional Globe, from 
which the above has been extracted, is 
one of the best of the kind ever put upon 
paper. The concluding note, however, 
hardly does full justice to the effect of 
the speech. The statement that the 
House was more tranquil falls short of 

*Cong. Globe, 31st Congress, 1st session, p. 61. 



THE ADMINISTRATION OF TAYLOR. 



5U 



conveying an exact idea of its real con- 
dition. Members, it is true, were still 
out of their seats, and standing in the 
aisles; but the clerk had stopped calling 
the roll, all noise and interruptions had 
ceased, and every eye was staringly fixed 
upon the speaker. 

This speech of Mr. Toombs, as well 
as the other one cited, in tone and man- 
ner, was deemed by some as bullying, 
menacing, and insolent; but the former 
seemed to impartial minds, then and now, 
to be justly obnoxious to no such cen- 
sure, while the latter may be considered 
in the light of a wonderful exhibition of 
physical as well as intellectual prowess — 
in this, that a single man should have 
been able, thus successfully, to speak 
down a tumultuous crowd, and by de- 
clamatory denunciations, combined with 
solid argument, silence an infuriated 
assemblage. The House at that time 
Was little else. 

The resolution which had been agreed 
upon by the representatives of the two 
nominal parties, Whig and Democratic, 
was immediately adopted by the House. 
Under this resolution, Mr. Cobb received 
1 02 votes, and Mr. Winthrop, 99. The 
whole number of votes cast was 221. 
So Mr. Cobb was declared to be the 
Speaker, though he fell short by nine 
votes of receiving a majority of the 
whole, as required by law. This act of 
the House in changing the mode of elect- 
ing a speaker and declaring him duly 
chosen without his receiving a majority 
of the vote of the body was deemed by 
the Southern Whigs referred to not only 
as a violation of all precedent as well as 
the plain law of the land but as revolu- 
tionary in its character. These samples 
must suffice for the phase of things as pre- 
sented in the House; and the tone and 
temper of the agitation therein prevailing. 



CHAPTER XXIII. 



taylor s administration continued — 
fillmore's accession to the presi- 
dency. 

(December, 1S47, to September, 1S50.) 

The great trio in the Senate again — Calhoun, Clay 
and Webster— Clay takes the lead on the sectional 
question — His great speech and proposed com- 
promise — Contest in the House over Doty's bill — 
Position of a few Southern Whigs — Conference at 
the Speaker's house— John A. McClemand leading 
— Toombs' speech — Calhoun's speech — Webster's 
7th of March speech — Bell's speech in the Senate 
— Calhoun's death — Excitement in the House, 
14th and 15th of June — Action of the Senate, 17th 
of June — Webster's speech on that day in the 
Senate — Clayton-Bulvver treaty — Death of Presi- 
dent Taylor — Accession to the Presidency of Mr. 
Fillmore, the Vice-President — Taylor's cabinet re- 
signed — The new cabinet appointed by Fillmore — 
Mr. Webster transferred from the Senate to the 
State Department — Mr. Clay's "Omnibus" bill — 
Its final disposition — In the Senate as well as the 
House — Full account of the exciting scenes in the 
House and the final action upon it — Analysis of 
the votes. 



E will now turn to the Senate. 
Mr. Clay had just been returned 
again after being in retirement 
for several years. He had been 
defeated for the Presidency by 
Mr. Polk, in 1844. He was in politics a 
disciple of the Jefferson school, and had 
lost his election for the Presidency by a 
defection at the North from the party 
then running him, because of their 
violent opposition to the incorporation 
of Texas into the Union. He had ex- 
pressed himself in favor of that measure 
in a letter which was published not long 
before the election. He had stood 
amongst the most prominent anti-re- 
strictionists upon the Missouri question, 
though he was known to be opposed to 
slavery. His position on this question 
in 1 82 1, and on the tariff question in 
1832, had secured to him the appellation 




512 



HISTORY OF THE UNITED STATES. 



Boob II., c. 23 



of "the great Pacificator." Coming back 
to the Senate, therefore, now in this even 
more alarming crisis than either of the 
former ones, all friends of the Constitu- 
tion and Union under it looked to him 
with more interest than ever before, and 
with more hope than to any other man 
then living. He was approaching the 
sunset of life, and, personally, it was a 
brilliant one to him. The clouds and 
tempests of the morning and evening 
of his day had passed away. All 
party and personal bitterness had ceased, 
lie had the respect and the confidence 
of the entire country. He, therefore, 
took the lead in the Senate, where he 
again met Mr. Calhoun and Mr. Web- 
ster, the other two of the illustrious trio 
of their day. This body never before 
presented a greater array of talent than 
it did at the beginning of this session of 
Congress. 

Besides Mr. Clay, Mr. Calhoun and 
Mr. Webster, there were at this time in 
the Senate of the older class, connecting 
and lapping the outgoing with the in- 
coming generation of statesmen, quite a 
number who had gained great distinc- 
tion, and who will ever hereafter occupy 
a high place on the roll of the men who 
made their mark upon the history of the 
country during the period in which they 
lived. 

Amongst these, without invidious 
distinction, may be named Lewis Cass, 
Thomas H. Benton, John McPherson 
Berrien, William R. King, John Bell, 
Willie P. Mangum, James Alfred Pearce, 
Samuel S. Phelps, and Samuel Houston. 

Then of the younger class, just rising 
to note on that august arena, may be, in 
like manner, named: Stephen A. Doug- 
las, Jefferson Davis, Salmon P. Chase, 
William H. Seward, Robert M. T. Hun- 
ter, James M. Mason, Moses Morris, 



George E. Badger, John P. Hale, Wil- 
liam C. Dawson, and Henry S. Foote. 

These, to say nothing of others, all 
added more or less lustre, by vigor of 
thought or brilliancy of wit, to that 
grandest intellectual constellation — 
moral qualities and all considered — 
which was ever beheld in the political 
firmament of this or any other country. 

The crowning halo was imparted by 
Millard Fillmore, who presided over 
the whole as Vice-President of the 
United States. He was of most imper- 
turbable temper, and of a personal ap- 
pearance, in every respect, exceedingly 
impressive. There was a dignity in this 
head of the ambassadors of the States 
in Grand Council assembled, which fully 
accorded with all the surroundings. 
Order and decorum, with all the pro- 
prieties which should govern high 
debate, were stamped upon his brow. 
Of him, taken altogether, it might be 
said with as much truth as of any other 
character known to history: there 
"indeed" is a man "in whom is no 
guile! " 

We have duly noted the condition of 
things in the House; all was silent in the 
Senate until the 29th of January, 1850, 
when Mr. Clay introduced his celebrated 
series of resolutions covering, as was 
supposed, all the questions involving 
sectional controversy, agitation and 
alienation on the subject of slavery. It 
was known for several days previous, 
that, on this day, he would address the 
Senate, and present to their considera- 
tion propositions for the adjustment of 
all these questions. The announcement 
of this fact, which had gone to the coun- 
try, had brought an immense crowd of 
strangers to the city. At an early hour 
in the morning, long before the hour for 
the meeting of the Senate, the chamber, 



THE ADMINISTRATION OF TAYLOR. 



513 



in every aisle, nook, and corner, was 
jammed to hear the words which, on 
this occasion, would fall from the lips of 
the "Sage of Ashland." Thousands 
were disappointed from inability to reach 
even within ear-shot of the speaker. On 
the conclusion of this speech, one of the 
most eloquent of his life, which was con- 
tinued to the next day, he formally sub- 
mitted the resolutions referred to, which 
were the basis of what is known as the 
compromise of that year. 

They, however, did not contain the 
main provision upon which that final 
adjustment depended and turned. To 
understand the bearing of his resolu- 
tions, and the difference between them 
and the final acts of Congress upon 
the subjects embraced by them, it is 
proper to state that before the meet- 
ing of this session of Congress, and 
without any authority from that body, 
the people of California had, during the 
summer of 1849, under a proclamation 
of General Riley, of the United States 
army, then in command of that military 
district, called a convention, which had 
framed a Constitution, with an exclusion 
of slavery, and asked to be admitted as a 
State into the Union under it. This was 
understood to have been done in pursu- 
ance of the policy of General Taylor's 
administration, which was to get rid of 
the vexed question, by stimulating the 
people of the Territories to form State 
Constitutions, with the exclusion of 
slavery in them, and for them thus to 
apply for admission into the Union with- 
out any previous authority from Con- 
gress. This policy met the approval of 
very few of any party. To say nothing 
of other considerations, the people of 
Utah and New Mexico were in no con- 
dition to become States. 

Mr. Clay's compromise proposed to 
33 



admit California under the Constitution 
so formed — to organize territorial gov- 
ernments for Utah and New Mexico, 
without any restriction as to slavery — to 
settle the question of boundary between 
New Mexico and Texas by negotiation 
with that State — to pass an efficient act 
for the rendition of fugitive slaves, and to 
abolish the slave-trade, as it was called, 
in the District of Columbia. These 
propositions, taken together, like the 
administration plan, satisfied very few 
members, either of the Senate or the 
House. The great majority of the 
North were utterly unwilling to abandon 
the restriction of' slavery in the Terri- 
tories. A formidable minority of the 
same section was equally as unwilling to 
comply with that clause of the Consti- 
tution requiring the rendition of fugitive 
slaves. This latter class, also, were not 
satisfied with the bare suppression of the 
slave trade in the District of Columbia, 
but insisted upon a total abolition. 

On the Southern side an overwhelm- 
ing majority were opposed to the admis- 
sion of California as a State, under the 
Constitution so formed, irregularly and 
without the authority of law. The class 
of Southern Whigs referred to were will- 
ing to admit California under her Con- 
stitution ; but required, that in the or- 
ganization of the territorial governments 
for Utah and New Mexico, the people 
from the South, settling and colonizing 
these Territories, should be permitted to 
carry their slaves with them, if they 
chose ; and that the whole people, 
there, should be permitted to frame such 
Constitutions as they might please in 
reference to African slavery; and upon 
their application for admission into the 
Union, they should be received as 
States without any Congressional re- 
striction upon that subject. So matters 



5H 



HISTORY OF THE UXITED STATES. 



Book II., c. 23 



stood in both Houses. The debates 
in each were continued with great bit- 
terness. No active demonstration of 
forces was made in either until the 18th 
of February. 

On that day, Monday, which was the 
day of the week under the rules when 
resolutions were in order from the States, 
Mr. James D. Doty, of Wisconsin, offered 
in the House, a resolution instructing 
the Committee on Territories to report a 
bill for the admission of California, under 
her Constitution, and called the previous 
question upon it. This was a nigh cut 
to get California in without any settle- 
ment of the other questions. A large 
majority of the House was in favor of 
the admission of California ; but there 
were some of this majority, to wit, the 
Southern Whigs referred to, who were 
opposed to her admission, until the ter- 
ritorial question should be adjusted. 
They therefore resisted the passage of 
Mr. Doty's resolution. They could re- 
sist it successfully in one way only — 
that was by making dilatory motions ; 
for, under the operation of the previous 
question, if the call for that had been 
allowed to be sustained, the resolution 
of instruction would have immediately 
passed by a large majority. The only 
possible way, therefore, to defeat this 
result, and the admission of California 
without the adjustment of the ether 
question, was to prevent the vote being 
taken. This was done by repeated mo- 
tions to adjourn, for calls of the House, 
to go into Committee of the Whole, etc., 
and the consumption of time in taking 
the yeas anil nays upon these various 
motions. In this movement, Southern 
members generally joined zealously. 
One-fifth of the members present, under 
the Constitution, could require the yeas 
and nays to be taken upon any motion 



or question. Forty-one members con- 
stituted a fifth of the House. More than 
that number pledged themselves so to 
resist the question, and prevent its ever 
coming to a vote under such circum- 
stances. A list was made and the pledges 
secured to this effect. The whole of the 
day and the early hours of night were 
consumed in this way. The vote finally 
became almost exclusively sectional. 
Nearly all, if not every one, on the one 
side, were from the North ; while nearly 
all, if not every one, on the other, were 
from the South. The passions on both 
sides became highly excited. Very 
little intercourse took place between the 
members of either of the great parties 
from the two sections, even on the same 
sides of the House. 

In this condition of affairs, Mr. John 
A. McClernand, of Illinois, a gentleman 
whose general courtesy and urbanity of 
manner secured him the personal respect 
of all, came round to the seats occupied 
by Mr. Toombs and his colleague, the 
writer of this, whose seats were adjacent, 
and inquired if there was no possible 
way by which the contest then going 
on in the House could be ended. They 
stated to him their position fully. They 
did not object to the admission of Cali- 
fornia, under her Constitution submitted 
with the exclusion of slavery, if the ter- 
ritorial question outside of the proposed 
State could be first satisfactorily ad- 
justed. On this they insisted, not only 
that there should be no Congressional 
exclusion of slavery from the public do- 
main, but that, in organizing territorial 
governments, the people under each 
should be distinctly authorized so to 
legislate as to allow the introduction of 
slaves, and to frame their Constitutions 
in respect to African slaves, as they 
pleased, and when admitted as States 



THE ADMINISTRATION OF TAYLOR. 



5*5 



into the Union, should be received with- 
out any Congressional restriction upon 
the subject. They stated that they never 
would permit California to be admitted, 
if they could possibly prevent it, until 
these territorial principles were first 
settled. The propositions were briefly 
set forth in writing. The substance 
only is here stated. He read them, and 
stated that he thought a compromise 
might be effected on the basis therein 
set forth, and he would return to his 
side of the House and endeavor to get 
enough members to agree to an adjourn- 
ment, to see what could be done in the 
premises. No adjournment, however, 
was effected until the hour of twelve 
arrived, when the Speaker ruled that the 
legislative day had ceased, that the mo- 
tion of Mr. Doty was no longer in order 
for consideration, as the resolution he 
had offered under the rules could only 
be entertained or considered on Mon- 
days. The House acquiescing in this 
decision, then adjourned. Mr. McCler- 
nand came round to the same parties, 
and they agreed to meet him at the 
Speaker's house the next night, with 
such friends as he might bring with him 
from the North, to see if the terms they 
had proposed could be agreed upon and 
put in proper language. 

The meeting accordingly took place 
the next night at Mr. Cobb's house. 
There were present Mr. Cobb, Mr. 
Toombs, Mr. Lynn Boyd, of Kentucky, 
and Mr. Stephens, of Georgia, from the 
South ; Mr. John A. McClernand, and 
Mr. William A. Richardson, of Illinois, 
and Mr. John K. Miller, of Ohio, from 
the North. Some one or two more, per- 
haps, were present, whose names or 
where from are not now remembered. 
Mr. McClernand stated that Mr. Doug- 
las, of the Senate, with whom he had 



consulted, would act in concert with him 
in anything he might agree to on the 
subject, and had -declined being present 
simply because it was a meeting of mem- 
bers of the House. Mr. Douglas was 
chairman of the Committee on Terri- 
tories of the Senate, and Mr. McCler- 
nand was chairman of the like committee 
of the House. They conferred freely 
together, and understood each other 
thoroughly. 

At this meeting at Speaker Cobb's 
house, it was agreed that California 
should be admitted, and the territorial 
governments should be organized as 
stated, and that joint efforts of all should 
be united to effect these results, as well 
as the defeat of any attempt to abolish 
slavery in the District of Columbia. The 
words of the territorial bills, which in 
their judgment would effect those objects, 
were reduced to writing. Mr. McCler- 
nand and Mr. Douglas therefore pre- 
pared bills on this basis for their respec- 
tive committees. Mr. Douglas reported 
his in the Senate on the 25th of March.* 
Mr. McClernand announced to the House 
the substance of his bills, as he had no 
opportunity to report them, on the 3d of 
April, f In the meantime, on the 27th 
of February, Mr. Doty introduced into 
the House, in the regular way, a bill for 
the "admission of California, which was 
referred to the committee of the whole. J 
On the same day Mr. Toombs addressed 
the House, at great length, upon the 
whole subject. It is too long to re- 
produce entire here, but a short extract 
of the speech will suffice to show its 
tenor. Addressing himself to the North, 
he said : 

" We had our institutions when you 
sought our alliance. We were content 

*Cong. Glohe, 31st Congress, 1st session, p. 592. 
f Ibid., p. 628. \ Ibid., p. 424. 



5 i6 



HISTORY OF THE UXITED STATES. 



Book II., c. 23 



with them, and we are content with them 
now. We have not sought to thrust them 
upon you, nor to interfere with yours. 
If you believe what you say, that yours 
arc so much the best to promote the 
happiness and good government of so- 
ciety, why do you fear our equal compe- 
tition with you in the Territories ? We 
only ask that our common government 
shall protect us both, equally, until the 
Territories shall be ready to be admitted 
as States into the Union, then to leave 
their citizens free to adopt any domestic 
policy in reference to this subject, which 
in their judgment may best promote 
their interest and their happiness. The 
demand is just. Grant it, and you place 
your prosperity and ours upon a solid 
foundation ; you perpetuate the Union, 
so necessary to your prosperity ; you 
solve the true problem of republican 
government ; you vindicate the power of 
constitutional guarantees. * * * 
" The fact cannot longer be concealed — 
the declarations of members here prove 
it, the action of this House is daily dem- 
onstrating it — that we are in the midst 
of a legislative revolution, the object of 
which is to trample under foot the Con- 
stitution and laws, and to make the will 
of the majority the supreme law of the 
land. In this emergency our duty is 
clear — it is to stand by the Constitution 
and laws ; to observe in good faith all its 
requirements, until the wrong is consum- 
mated, until the act of exclusion is put 
upon the statute book. It will then be 
demonstrated that the Constitution is 
powerless for our protection ; it will then 
be not only the right, but the duty, of the 
slaveholding States to resume the powers 
which they have conferred upon this gov- 
ernment, and to seek new safeguards for 
their future security."* 



♦Appendix to Cong. Globe, Part I., 31st Congress, 
1st >e>-i.jn, p. 198. 



On the next day, February the 28th, 
Mr. John Bell, of Tennessee, introduced 
into the Senate a series of resolutions, 
setting forth in substance what was then 
considered a modified form of the exec- 
utive policy for a proper adjustment, 
which he supported in a two days speech 
of great length, and with all the powers 
he could command. 

On the 4th of March Mr. Calhoun's 
sentiments on the crisis were delivered 
in the Senate. He was too feeble to 
speak, but he was present, and Mr. 
Mason, of Virginia, read what the great 
Carolina senator had written for the oc- 
casion. In this speech he manifested 
strong attachment to the Union under 
the Constitution, but maintained that all 
the dangers which then threatened its 
continuance arose from the centralizing 
tendency of the government. This had, by 
its tariffs, and by several other measures 
specified by him, given a preponderance 
to the population of the non-slavcholding 
States, and the tendency was towards con- 
solidation. He said : 

" What was once a Constitutional Fed- 
eral Republic is now converted, in re- 
ality, into one as absolute as that of the 
Autocrat of Russia, and as despotic in 
its tendency as any absolute govern- 
ment that ever existed." 

He alluded to the ligaments of the 
Union from the beginning. They were 
chiefly ecclesiastical, social and political. 
The two former had already been broken. 
Most of the churches North and South 
had separated. " The political ties only 
remained, and these too, as the tendency 
was, must soon be broken, except the 
sections were held together by force. 
Force might keep them connected, but 
the combination would partake more of 
the character of subjugation on the part 
of the weaker to the stronger, than the 
union of free, independent, sovereign 



THE ADMINISTRATION OF TAYLOR. 



517 



States in one Confederation, as they stood 
in the early days of the government, and 
which only is worthy the name of union. 
There was only one way in which the 
Union could be preserved, and that was 
by adopting such measures as would 
satisfy the States belonging to the South- 
ern section, that they could remain in 
the Union consistently with their honor 
and safety." 

"It" [the Union, said he] "cannot, 
then, be saved by eulogies on the Union, 
however splendid or numerous. The cry 
of 'Union, Union, the glorious Union!' 
can no more prevent disunion than the 
cry of ' Health, health, glorious health ! ' 
on the part of the physician can save a 
patient lying dangerously ill. So long 
as the Union, instead of being regarded 
as a protector, is regarded in the opposite 
character, by not much less than a 
majority of the States, it will be in vain 
to attempt to conciliate them by pro- 
nouncing eulogies on it. 

" Besides, this cry of Union comes 
commonly from those whom we cannot 
believe to be sincere. It usually comes 
from our assailants. But we cannot be- 
lieve them to be sincere; for, if they 
loved the Union, they would necessarily 
be devoted to the Constitution. It made 
the Union, and to destroy the Constitu- 
tion would be to destroy the Union. 
But the only reliable and certain evi- 
dence of devotion to the Constitution is 
to abstain, on the one hand, from vio- 
lating it, and to repel, on the other, all 
attempts to violate it. It is only by 
faithfully performing these high duties 
that the Constitution can be preserved, 
and with it the Union. 

" But how stands the profession of 
devotion to the Union by our assailants, 
when brought to this test? Have they 
abstained from violating the Constitu- 



tion ? Let the many acts passed by the 
Northern States to set aside and annul 
the clause of the Constitution, providing 
for the delivery up of fugitive slaves, 
answer. I cite this, not that it is the 
only instance (for there are many others), 
but because the violation in this par- 
ticular is too notorious and palpable to 
be denied. Again, have they stood 
forth faithfully to repel violation of the 
Constitution ? Let their course in refer- 
ence to the agitation of the slavery 
question, which was commenced and 
has been carried on for fifteen years, 
avowedly for the purpose of abolishing 
slavery in the States — an object all ac- 
knowledged to be unconstitutional, an- 
swer. Let them show a single instance 
during this long period, in which they 
have denounced the agitators or their 
attempts to effect what is admitted to be 
unconstitutional, or a single measure 
which they have brought forward for that 
purpose. How can we, with all these facts 
before us, believe that they are sincere 
in their profession of devotion to the 
Union, or avoid believing their profes- 
sion is but intended to increase the vigor 
of their assaults, and to weaken the force 
of our resistance! 

" Nor can we regard the profession of 
devotion to the Union, on the part of 
those who are not our assailants, as sin- 
cere, when they pronounce eulogies 
upon the Union, evidently with the in- 
tent of charging us with disunion, with- 
out uttering one word of denunciation 
against our assailants. If friends of the 
Union, their course should be to unite 
with us in repelling these assaults, and 
denouncing the authors as enemies of 
the Union. Why they avoid this, and 
pursue the course they do, it is for them 
to explain. 

" Nor can the Union be saved by in- 



5 i8 



HISTORY OF THE UNITED STATES. 



Book II., c. •:.■* 



voking the name of the illustrious 
Southerner, whose mortal remains re- 
pose on the western bank of the Poto- 
mac. He was one of us — a slaveholder 
and a planter. We have studied his 
history, and find nothing in it to justify 
submission to wrong. On the contrary, 
his great fame rests on the solid founda- 
tions that, while he was careful to avoid 
doing wrong to others, he was prompt 
and decided in repelling wrong. I trust 
that, in this respect, we profited by his 
example. 

" Nor can we find anything in his his- 
tory to deter us from seceding from the 
Union, should it fail to fulfil the objects 
for which it was instituted, by being 
permanently and hopelessly converted 
into the means of oppressing, instead of 
protecting us. On the contrary, we find 
much in his example to encourage us, 
should we be forced to the extremity of 
deciding between submission and dis- 
union. 
* ****** 

" I lavine now shown what cannot save 
the Union, I return to the question with 
which I commenced. How can the 
Union be saved ? There is but one way 
by which it can, with any certainty, and 
that is, by a full and final settlement on 
the principle of justice, of all the ques- 
tions at issue between the two sections. 
The South asks for justice, simple jus- 
tice, and less she ought not to take. 
She has no compromise to offer but the 
Constitution, and no concession or sur- 
render to make. She has already sur- 
rendered so much, that she has little 
left to surrender. Such a settlement 
would go to the root of the evil, and 
remove all cause of discontent, by 
satisfying the South she could remain 
honorably and safely in the Union; and 
thereby restore the harmony and fra- 



ternal feelings between the sections 
which existed anterior to the Missouri 
agitation. Nothing else can, with any 
certainty, finally and forever settle the 
questions at issue, and terminate agita- 
tion, and save the Union. 

" It is time, Senators, that there should 
be an open and manly avowal on all 
sides, as to what is intended to be done. 
If the question is not now settled, it is 
uncertain whether it ever can hereafter 
be ; and we, as the Representatives of 
the States of this Union, regarded as 
governments, should come to a distinct 
understanding as to our respective views, 
in order to ascertain whether the great 
questions at issue can be settled or not. 
If you, who represent the stronger por- 
tion, cannot agree to settle them on the 
broad principle of justice and duty, say 
so; and let the States we both represent 
agree to separate and part in peace. If 
you arc unwilling we should part in 
peace, tell us so, and we shall know 
what to do, when you reduce the ques- 
tion to submission or resistance. If 
you remain silent, you will compel us to 
infer by your acts what you intend. In 
that case California will become the test 
question. ***** 

" I have now, Senators, done my duty 
in expressing my opinions fully, freely, 
and candidly, on this solemn occasion. 
In doing so, I have been governed by 
the motives which governed me in all 
the stages of the agitation of the slavery 
question, since its commencement. I 
have exnted myself, during the whole 
period, to arrest it, with the intention of 
saving the Union, if it could be done, 
and if it could not, to save the section 
where it has pleased Providence to cast 
my lot, and which I sincerely believe has 
justice and the Constitution on its side. 
Having faithfully done my duty to the 






THE ADMINISTRATION OF TAYLOR. 



519 



best of my ability, both to the Union 
and my section, throughout this agita- 
tion, I shall have the consolation, let 
what will come, that I am free from all 
responsibility." * 

In this speech Mr. Calhoun also sug- 
gested, as a further security for the 
permanency as well as the strength of 
the Union, for the future, in case the 
then questions should be settled upon 
right principles, a constitutional amend- 
ment providing for a dual executive. 
The idja was barely presented, not 
elaborated. But it was that the execu- 
tive office should be filled with two 
instead of one. One of these two to be 
selected by the slaveholding States, and 
the other by the non-slaveholding" 
States, who, upon all sectional questions, 
should have the same check upon each 
other as that which existed in the 
amended Constitution of Rome between 
the Consuls and the Tribunes. This he 
thought would be necessary for har- 
mony, which he considered as essential 
for strength, after the equality then ex- 
isting between the number of slavehold- 
ing and non-slaveholding States would 
be destroyed by the admission of Califor- 
nia. But he lived to see the end of none 
of these measures. He died twenty-five 
days afterwards, on the 31st of March. 
In his death passed away one of the 
ablest, truest, and most patriotic public 
men this country ever produced. He 
was a close reasoner, a clear and pro- 
found thinker, a model of sobriety, 
temperance, and morals in every respect. 
The science of government was his favor- 
ite study; and in his day he had few 
equals and no superior in all the elements 
of real statesmanship. The two survi- 
vors of the illustrious trio referred to 
both did honor to themselves, in their 



*Cong. Globe, 31st Congress, 1st session, p. 453. 



feeling tributes to his memory on the 
occasion of his funeral obsequies. 

But we must proceed with a rapid 
glance at facts, with their dates, during 
this stormy as well as momentous ses- 
sion. On the 7th of March, three days 
after Mr. Calhoun's speech, Mr. Web- 
ster addressed the Senate. What he 
then said has become famous as his 7th 
of March speech, or " Union speech." 
In it he took, for the first time, decided 
ground against Congressional restriction 
in the Territories. The speech made a 
profounder sensation upon the public 
mind throughout the Union than any 
one ever delivered by him before. The 
friends of the Union under the Constitu- 
tion were strengthened in their hopes, 
and inspired with renewed energies by 
its high and lofty sentiments. 

Mr. Douglas addressed the Senate on 
the 13th of March, on the same line, and 
with great power and eloquence. On 
the 1 8th of April, a resolution, pre- 
viously offered by Mr. Henry S. Foote, 
of Mississippi, an active and zealous co- 
operator with Mr. Clay in his general 
objects, was passed in the Senate, to 
raise a select committee of thirteen, to 
whom the resolutions of Mr. Clay and 
Mr. Bell were referred. This committee 
was chosen by that body the next day. 
The chairmanship of it was, by almost 
unanimous consent, awarded to Mr. 
Clay. The other members of the com- 
mittee consisted- of General Cass, of 
Michigan, Mr. Dickinson, of New York, 
Mr. Bright, of Indiana, Mr. Webster, of 
Massachusetts, Mr. Phelps, of Vermont, 
Mr. Cooper, of Pennsylvania, Mr. King, 
of Alabama, Mr. Mason, of Virginia, Mr. 
Downs, of Louisiana, Mr. Mangum, of 
North Carolina, Mr. Bell, of Tennessee, 
and Mr. Berrien, of Georgia. 

On the 8th of May, Mr. Clay, as chair- 



520 



HISTORY OF THE UNITED STATES. 



Book II., c. 23 



man of this committee, reported to the 
Senate one bill (which afterwards was 
known as the "Omnibus"), covering all 
the matters embraced in his resolutions 
on the 29th of January before ; that is, 
for the admission of California, territorial 
governments for Utah and New Mexico, 
the settlement of the question of bound- 
ary with Texas, the rendition of fugitive 
slaves, and the abolition of what was 
called the slave trade in the District of 
Columbia. Those portions of the bill 
providing territorial governments for 
Utah and New Mexico were identical 
with the separate bills on the same sub- 
jects introduced by Mr. Douglas, in the 
Senate, on the 25th of March, as before 
stated, except in one particular; that is, 
after the words in his bill declaring that 
the territorial legislatures should pass 
" no law interfering with the primary 
disposal of the soil," the committee had 
added, " nor in respect to African 
slavery." 

This amendment, in the opinion of 
many Southern men, was tantamount in 
legal effect to a positive Congressional 
exclusion of the South ; for, by the law 
of Mexico, slavery was prohibited in 
these Territories at the time of their 
acquisition, and if the legislative power 
there were restrained by Congress from 
ever changing this law then in force 
there, no Southern man could ever colo- 
nize any of this portion of the public 
domain with his slaves. Mr. Clay said 
this amendment had been put in by a 
majority of the committee against his 
wishes ; but he did not regard it as an 
insuperable objection to the bill, as it was 
not, in his opinion, a positive Congres- 
sional restriction. He said slavery was 
now abolished by Mexican law in these 
Territories at the time of their acquisi- 
tion, and he never would vote to change it. 



Mr. Jefferson Davis, of Mississippi, on 
the 1 6th of May, moved an amendment 
to the words added by the committee, 
which he afterwards, on the 27th of 
May, modified so as to read as follows: 

"That nothing herein contained shall 
be construed so as to prevent said terri- 
torial legislature from passing such laws 
as may be necessary for the protection 
of the rights of property of every kind, 
which may have been, or may be here- 
after, conformably to the Constitution 
and laws of the United States, held in 
or introduced into said Territory." 

The object of this amendment, as he 
understood its legal effects, was evidently 
to clear this Territory open alike for 
settlement and colonization by citizens 
of all the States, with their property of 
every kind, while in a territorial condi- 
tion, without any restriction or discrim- 
ination one way or the other. His 
amendment, however, was rejected on 
the 5th of June, by a vote of twenty-five 
to thirty. Mr. Douglas then moved to 
strike out the select committee's amend- 
ment to his original bill, which left the 
territorial legislature free to pass all laws 
consistent with the Constitution of the 
United States, and the provisions of the 
act. 1 1 is motion, too, was lost, but the 
same motion was renewed by Mr. Nor- 
ris, of New Hampshire, on the 31st of 
July, when it was adopted — which ac- 
complished, in the opinion of the South- 
ern Whigs referred to, all that Mr. 
Davis' amendment would have clone. 

We turn now to the House again. In 
that body on the nth of June, Mr. 
Doty's bill, regularly introduced on the 
27th of February, as stated, came up for 
action in that body, and was discussed, 
from day to day, in committee of the 
whole. Mr. Green, of Missouri, moved 
as an amendment the recognition of the 



THE ADMINISTRATION OF TAYLOR. 



521 



Missouri line through all the newly 
acquired territory. This was rejected 
by a large majority. Mr. Stanton, of 
Tennessee, on the 13th of June, offered 
the following amendment : "Provided, 
however, that it shall be no objection to 
the admission into the Union, of any 
State which may be hereafter formed 
out of the territory lying south of 
the parallel of latitude of 36 30', that 
the Constitution of said State may author- 
ize or establish African slavery therein." 
This proposition was rejected upon a 
count by tellers — yeas, 78; nays, 89. 
This was almost exclusively a sectional 
vote. The debates grew warmer and 
more excited. Speeches on the question, 
under an order of the House, were now 
limited to five minutes. The 14th of 
June was consumed in the same way. 
On the 15th of June, the question was 
put, in debate, to the ultra Northern ad- 
vocates of the admission of California, if 
they would ever, under any circum- 
stances, vote for the admission of a slave 
State into the Union. They refused to 
say that they would. It was in this 
condition of affairs that Mr. Toombs 
took the floor and spoke as follows: 

" Mr. Toombs renewed the amend- 
ment, and said the gentleman from Ohio, 
Mr. Vinton, had just charged that the 
opposition to California with her present 
Constitution, by the South, was founded 
upon the anti-slavery clause in her Con- 
stitution, and therefore, in the denial of 
this right of a people forming a State 
Constitution, to admit or exclude slavery. 
Mr. Toombs denied the fact, and de- 
manded proof. On the contrary, he 
asserted that the South had uniformly 
held and maintained this right. That in 
1820, on the Missouri question, the North 
denied it, but the South unanimously 
affirmed it. From that day till this, the 



South, through all her authorized ex- 
ponents of her opinions, has affirmed 
this doctrine; her legislatures, her gov- 
ernors of States, her members upon this 
floor, and even her primary assemblies, 
have all affirmed it; and the gentleman 
from Ohio cannot point to a single par- 
ticle of evidence to support his un- 
founded charge. The South can proudly 
point to her whole political history for 
its refutation. But how stands the case 
with the North ? She denied the truth 
of this great principle of constitutional 
right in 1820, acquiesced in the com- 
promise then made as long as it was to 
her interest, and then repudiated the 
compromise and reasserted her right to 
dictate Constitutions to Territories seek- 
ing admission into the Union. She put 
her anti-slavery proviso upon Oregon, 
and at the last session of Congress, when 
the present Secretary of the Navy. 
[William Ballard Preston, of Virginia] in- 1 
troduced a bill to authorize California to 
form a State government and come into 
the Union, leaving her free to act as she 
pleased upon the question of slavery, the 
North put the anti-slavery proviso upon 
this State bill. I know of no Northern 
Whig who voted against that proviso. 
A few gentlemen of the Democratic 
party from the northwest, and my friend 
from Illinois among them [Mr. Richard- 
son], boldly and honestly struck for the 
right, and opposed it; but they were 
powerless against the torrent of Northern 
opposition. The evidence is complete; 
the North repudiated this principle, and 
while, for sinister and temporary pur- 
poses, they may pretend to favor the 
President's plan, which affirms it, they 
will not sustain it. They will not find 
a right place to affirm it until they get 
California into the Union, and then they 
will throw off the mask and trample it 



HISTORY OF THE U XI TED STATES. 



522 

under foot. I intend to drag off the 
mask before the consummation of that 
act. We do not oppose California on 
account of the anti-slavery clause in her 
Constitution. It was her right, and I 
am not even prepared to say that she 
acted unwisely in its exercise — that is 
her business; but I stand upon the 
great principle that the South has right 
to an equal participation in the Territories 
of the United States. I claim the right 
for her to enter them all with her prop- 
erty and securely to enjoy it. She will 
divide with you, if you wish it; but the 
right to enter all, or divide, I shall never 
surrender. In my judgment this right, 
involving, as it does, political equality, 
Is worth a thousand such Unions as we 
have, even if they each were a thousand 
times more valuable than this. I speak 
not for others, but for myself. Deprive 
us of this right and appropriate this 
common property to yourselves, it is 
then your government, not mine. Then 
I am its enemy, and I will then, if I can, 
bring my children and my constituents 
to the altar of liberty, and like Hamilcar 
I would swear them to eternal hostility to 
your foul domination. Give us our just 
rights, and we arc ready, as ever hereto- 
fore, to stand by the Union, every part of 
it, and its every interest. Refuse it, and 
for one, I will strike for independence/"* 
In sampling these debates with the 
view to present the tone and temper of 
the times, speeches made by Mr. Calhoun 
and Mr. Toombs have been purposely 
selected, because they have been gen- 
eral 1)' regarded as the cxtremest of the 
ultras on that side, and have both been 
very greatly misrepresented on this sub- 
ject. No man was ever more so than 
Mr. Toombs. It has been the object of 
many to hold him up as the embodiment 



Book II., c. 23 



of slavery propagandism. Even Jiistoiics 
have been written in which the statement 
is made that he had declared that he 
would yet call the roll of his slaves on 
Bunker Hill. This has been done, too, 
without a particle of proof, and after the 
most positive denial by him of his ever 
having made such a declaration. 

But to proceed. This speech of Mr. 
Toombs, delivered on the 15th of June, 
produced the greatest sensation in the 
House that was made by any speech in 
that body during these exciting times. 
It created a perfect commotion. Several 
Southern Whigs who had not before 
sympathized with the class first alluded 
to now openly took sides with them. 
The House adjourned without coming 
to any further vote. The excitement in 
the House increased that in the Senate. 
It extended to the city, and the subjects 
discussed in the House became the 
topics of heated conversations on the 
streets and at the hotels. This was Sat- 
urday. Monday, Mr. Doty made another 
effort to get a resolution passed, requiring 
the committee of the whole to report his 
bill. The effort failed. 

In the Senate, on the same day, the 
17th of June, the anniversary of the 
Battle of Bunker Hill, the excitement 
was no less than it was in the House. 
It was at this stage of the proceedings 
that Mr. Soule, of Louisiana, offered to 
Mr. Clay's compromise bill an amend- 
ment to the first section which related 
to the territorial government of Utah, 
in these words: 

"And when the said Territory, or any 
portion of the same, shall be admitted 
as a State, it shall be received into the 
Union with or without slavery, as their 
Constitution may prescribe at the time 
of their admission."* 



*Cong. Globe, 31st Congress, 1st session, p. 1216. | * Cong. Globe, 31st Congress, 1st session, p. 1239. 



THE ADMINISTRATION OF TAYLOR. 



523 



This presented to that body the issue 
squarely, as it had been presented by 
Mr. Toombs in the House, on Saturday, 
and covered one of the essential points 
made by the Southern Whigs referred to 
in the beginning. When the Missouri 
line was thus, for the last time, voted 
down in the House, by the almost solid 
North, the South fell back in almost 
solid column to their original position 
anterior to the legislation of 1 820. They 
now maintained that there should be no 
Congressional restriction of slavery, 
either north or south of 36 30'. On 
this principle alone would they now 
settle. This amendment, therefore, of 
Mr. Soule was the turning point, and 
upon its adoption everything depended, 
so far as concerned Mr. Clay's proposed 
compromise. When Mr. Soule's propo- 
sition was submitted and read, perfect 
silence prevailed in the Senate; upon 
its rejection, in the state of the public 
mind, depended consequences which no 
human forecast could see. This was the 
prevailing feeling of all. The interest 
was enhanced, from the great uncertainty 
and doubt as to the probable result of 
the vote upon it. 

Several Northern Senators, who had 
before yielded the question of positive 
restriction — that is, the "Wilmot Pro- 
viso" — had given no indication of how 
they would act upon this clear declara- 
tion, that the people of the Territories 
might, in the formation of their State 
Constitutions, determine this question 
for themselves. Among these was Mr. 
Webster. Just before the question was 
put, and while anxiety was producing 
its most torturing effects, this most re- 
nowned statesman from New England 
arose to address the Senate. An im- 
mense crowd was in attendance. The 
lobby was full, as well as the galleries. 



All eyes were instantly turned toward 
him, and all ears eager to catch every 
word that should fall from his lips upon 
this, the most important question, per- 
haps, which had ever been decided by 
an American Senate. His own vote, 
even, might turn the scale. The con- 
cluding portion of that speech will be 
here presented : 

"Sir, my object is peace — my object 
is reconciliation. My purpose is not to 
make up a case for the North, or to 
make up a case for the South. My 
object is not to continue useless and irri- 
tating controversies. I am against agi- 
tators North and South; I am against 
local ideas North and South, and against 
all narrow and local contests. I am an 
American, and I know no locality in 
America. That is my country. My 
heart, my sentiments, my judgment, de- 
mand of me that I shall ever pursue 
such a course as shall promote the good, 
and the harmony, and the Union of the 
whole country. This I shall do, God 
willing, to the end of the chapter." 

The reporter says: 

"The honorable Senator resumed his 
seat amidst the general applause from 
the gallery." 

Every heart beat easier. The friends 
of the measure felt that it was safe. 
The vote was taken — the amendment 
was adopted. The result was soon com- 
municated from the galleries, and, find- 
ing its way through every passage and 
outlet to the rotunda, was received with 
exultation by the crowd there; with 
quick steps it was borne through the 
city; and in less than five minutes, per- 
haps, the electric wires were trembling 
with the gladsome news to the remotest 
parts of the country. It was news well 
calculated to make a nation leap with 
joy, as it did, because it was the first 



524 



HISTORY OF THE CXI TED STATES. 



Book II., c. 23 



decisive step taken towards the establish- 
ment of that great principle upon which 
this territorial question was disposed of, 
adjusted, and settled in 1850. 

The per capita vote on this amend- 
ment, thus establishing the new principle 
of no Congressional intervention any- 
where in the Territories, in lieu of the 
former principle of a division of the 
public domain, and thus bringing the 
government back to the original posi- 
tion of the South upon the whole ques- 
tion, was 38 yeas to 12 nays. The 12 
nays against it were: Messrs. Baldwin, 
of Connecticut; Chase, of Ohio; Clark, 
of Rhode Island; Davis, of Massachu- 
setts; Dayton, of New Jersey; Dodge, 
of Wisconsin; Green, of Rhode Island; 
Hall, of New Hampshire; Miller, of 
New Jersey; Smith, of Connecticut; 
Upham, of Vermont; and Walker, of 
Wisconsin. 

By States, the vote for and against the 
new principle was 20 yeas; 6 nays; 2 
divided, and 2 not voting. The yeas 
were Pennsylvania, Indiana, Illinois, 
Michigan, Iowa, Delaware, Maryland, 
Virginia, North Carolina, South Carolina, 
Georgia, Alabama, Florida, Mississippi, 
Tennessee, Kentucky, Missouri, Arkan- 
sas, Louisiana, and Texas. The 6 
nays were, Connecticut, Rhode Island, 
New Jersey, Ohio, Vermont, and Wis- 
consin. The two States divided were 
New Hampshire and Massachusetts. 
The two not voting were Maine and 
New York. Mr. Seward, of New York, 
was within convenient distance, but 
voted neither one way nor the other. 
Thus two-thirds of the States in 1850 
did affirm the original position of the 
South upon the territorial question. 
This was the gist of that compromise. 

We have now to follow the progress 
of this principle, thus established by the 



Senate on the 17th of June, to its final 
consummation. 

However, in the midst of these agita- 
tions, two important events took place. 
One was the exchange of ratifications of 
what is known as the Clayton-Bulwer 
treaty at Washington on the 4th of July. 
This was the pet piece of diplomacy on 
the part of John M. Clayton, Secretary 
of State. He prided himself greatly on 
the success of the achievement It was a 
convention between the United States 
of America and her Britannic Majesty 
relative to a ship-canal by way of Nica- 
ragua, Costa Rica, the Mosquito coast, 
or any part of Central America. Nego- 
tiations toward this object were com- 
menced soon after the inauguration of 
President Taylor. It was agreed to by 
the Senate, May 22d, 1850; ratified by 
the President, May 23d, 1850; and the 
exchange of ratifications proclaimed 
July 5th, 1850. The first article of the 
treaty, which gives a clear outline of its 
objects, nature, and effects, is in these 
words : 

"article 1. 

"The governments of the United 
States and Great Britain hereby declare 
that neither the one nor the other will 
ever obtain or maintain for itself any 
exclusive control over said ship-canal; 
agreeing that neither will ever erect or 
maintain any fortifications commanding 
the same, or in the vicinity thereof, or 
occupy, or fortify, or colonize, or assume, 
or exercise any dominion over Nicara- 
gua, Costa Rica, the Mosquito coast, or 
any part of Central America ; nor will 
either make use of any protection which 
either affords or may afford, or any alli- 
ance which either has or may have to or 
with any State or people, for the purpose 
of erecting or maintaining any such for- 
tifications, or of occupying, fortifying, or 



THE ADMINISTRATION OF TAYLOR. 



525 



colonizing Nicaragua, Costa Rica, the 
Mosquito coast, or any part of Central 
America, or of assuming or exercising 
dominion over the same; nor will the 
United States or Great Britain take ad- 
vantage of any intimacy, or use any 



the one any rights or advantages in 
regard to commerce or navigation 
through the said canal which shall not 
be offered on the same terms to the 
citizens or subjects of the other." 
There was very little discussion upon 




• PRESIDENT 

alliance, connection, or influence that 
either may possess, with any State or 
government through whose territory the 
said canal may pass, for the purpose of 
acquiring or holding, directly or in- 
directly, for the citizens or subjects of 



FILLMORE. 

the merits of this treaty at the time 
either in Congress or by the public press 
of the country. But it subsequently 
gave rise to an exceedingly animated de- 
bate in the Senate, in which Mr. Doug- 
las greatly distinguished himself in his 



526 



II I SI OR V OF THE UXITED STATES. 



Book II , c 23 



arraignment of the statesmanship of Mr. and then another, until nothing of it was 
Clayton in effecting its execution. It is , left but that portion providing a govern- 



still a matter of grave discussion between 
eminent statesmen of the country; and 
as very different constructions are put 
upon several parts of its details, it. is 
likely at no distant day to become a 
serious question of controversy between 
the United States and Great Britain. 

The other great event that occurred 
about this time, and to which allusion 
has been made, was the death of Presi- 
dent Taylor. He died at the executive 
mansion, after a few days of illness, from 
a malignant fever, on the 9th day of July, 
1850. The whole country was shocked 
and filled with mourning at the announce- 
ment of this great public calamity. The 
office of President, now for the second 
time in our history, devolved upon the 
Vice President. Mr. Fillmore, who was 
in cordial sympathy with Mr. Clay in 
his efforts at adjustment of all these ex- 
citing questions, immediately assumed 
the duties of the executive chair, and be- 
came the thirteenth President. General 
Taylor's cabinet having all resigned on 
his death, Mr. Fillmore filled their places 
by appointing Mr. Webster, Secretary 
of State ; Thomas Corwin, of Ohio, 
Secretary of the Treasury ; Charles M. 
Conrad, of Louisiana, Secretary of War; 
William A. Graham, of North Carolina, 
Secretary of the Navy ; Alexander H. 
H. Stuart, of Virginia, Secretary of the 
Interior; Nathan K. Hall, of New York, 
Postmaster-General ; and John J. Critten- 
den, of Kentucky, Attorney-General. 

Mr. Doty's bill for the admission of 
California was not again taken up in the 
House. 

Mr. Clay's bill continued the subject- 
matter of angry discussion in the Senate, 
until the 31st of July, when it was so 
amended by striking out first one part 



meat for the Territory of Utah, with the 
select committee's amendment stricken 
out, and the Soule amendment of the 
17th of June incorporated in it, as stated. 
This bill so passed the Senate the 1st of 
August, and went down to the House. 
In this way Mr. Clay's M Omnibus Bill," 
as it was called, went to pieces on the 
31st of July, but the Senate immediately 
took up the separate parts, passed them 
in separate bills, and sent them down to 
the House in like manner, where they 
took their regular place on the Speaker's 
table. In that body, on the 28th of 
August, the Senate Utah bill was reached. 
It was referred to the committee of the 
whole without debate. The next one of 
the Senate bills reached, the same day, 
was the one for the settlement of the 
boundary between Texas and New Mex- 
ico. When this came up, Mr. Boyd, of 
Kentucky, offered an amendment pro- 
viding for a territorial government for 
New Mexico with the Soule amendment 
in it. This amendment so offered by 
Mr. Boyd, in other respects, was sub- 
stantially the same bill prepared for New 
Mexico by Mr. Douglas and Mr. McCler- 
nand, as before stated. On this the great 
sectional contest was now fought in the 
House as it had been in the Senate. It 
may not be uninteresting to notice in 
detail the various phases of the conflict 
as it progressed. We will therefore 
rapidly review some of the scenes. 
Civic conflicts have their interest as well 
as conflicts of arms. Though bloodless 
and less exciting, yet the lessons they 
teach, in a historic view, are quite as in- 
structive. 

On the 4th of September,* then, when 

* For the scenes here described, see Cong. Globe, 
31st Congress, 1st session, p. 1746, et seq. 



THE ADMINISTRATION OF FILLMORE. 



$27 



this Senate bill with Mr. Boyd's pro- 
posed amendment to it, and also an 
amendment proposed by Mr. Clingman, 
of North Carolina, providing another 
territorial government for a portion of 
the country which he designated as " Col- 
orado," came up for consideration under 
a special order, a motion was made to 
refer the bill with the pending amend- 
ments to the committee of the whole on 
the state of the Union. The previous 
question was seconded, and the main 
question on this reference was ordered by 
a vote of yeas 133 to nays 68. 

On the question of reference the vote 
was 101 to 99. So the motion to refer 
was carried. 

Mr. Walden, of New York, moved to 
reconsider the vote by which the bill and 
amendments had been referred. 

Mr. Root, of Ohio, moved to lay that 
motion on the table. 

The vote to lay the motion to recon- 
sider on the table was 103 to 102. The 
Speaker, Mr. Cobb, voted in the negative. 
So the vote stood 103 to 103, and the 
motion to lay on the table the motion to 
reconsider was not carried. 

The question to reconsider then oc- 
curred. Upon it the yeas were 104, the 
nays 98 ; so the vote by which the bill 
had been referred was reconsidered. 

The question, then, again recurred 
upon the reference of the bill with amend- 
ments. The vote now stood 101 to 103. 
So the House refused to refer the bill 
with amendments to the committee of 
the whole. 

The first question, then, was on Mr. 
Clingman's amendment to Boyd's amend- 
ment. The vote on this was 69 to 130. 
So his amendment was lost. 

Mr. Thomson, of Mississippi, said that 
as no amendment under the previous 
question was now in order, he moved as 



a test vote to lay the whole thing on the 
table. 

Mr. Bayley, of Virginia, protested 
against its being considered a test vote. 

Mr. Vinton, of Ohio, wished to know 
if the motion to lay on the table was in 
order after the previous question was 
ordered. 

The Speaker said that it was. 

Mr. Wentworth, of Illinois, wished to 
know if there was any amendment pend- 
ing. 

The Speaker said there was. 

Mr. Wentworth wanted to know if the 
" Wilmot Proviso " was in it. He was 
info'rmed that it was not — the amendment 
pending was Mr. Boyd's, which did not 
contain it. 

Mr. Thomson, of Mississippi, with- 
drew his motion to lay on the table. 

Mr. Ashe, of North Carolina, re- 
newed it. 

Mr. McClernand, of Illinois, asked the 
yeas and nays : when four or five mem- 
bers had answered to their names on the 
call of the roll, the confusion in the hall 
became so great, the clerk could not 
proceed. The call was suspended. 

Mr. Disney, of Ohio, rose to a ques- 
tion of order. 

The Speaker decided it was too late, 
as several members had answered to their 
names on the call. The call of the roll 
was then resumed and completed, when 
the vote stood 61 for laying on the table, 
to 141 against it — so the bill was not 
laid on the table. 

The question then came on Boyd's 
amendment. 

Mr. Gott, of New York, demanded 
the yeas and nays. The vote stood 98 
to 106; so the amendment was re- 
jected. 

Mr. Schenck, of Ohio, moved to re- 
consider the vote by which Boyd's 



528 



HISTORY OF THE UXITED STATES. 



Book II, c. 23 



amendment had been rejected, and to lay 
that motion on the tabic. 

Mr. McLean, of Kentucky, called for 
the yeas and nays. 

Mr. Bokee, of New York, called for a 
division of the question. It then came 
up, first, to lay on the table the motion 
to reconsider. 

Mr. Schenck withdrew his motion to 
reconsider. 

Mr. Cartter, of Ohio, renewed it. 

Mr. Root moved to lay Mr. Carttcr's 
motion to reconsider on the table. 

Mr. Boyd moved that the House ad- 
journ. On this question the vote stood 
71 to 128. 

Mr. Cartter then withdrew his motion 
to reconsider. 

The question came then on ordering 
the bill to be engrossed without the 
Boyd amendment. On this the vote 
stood, yeas, 80; nays, 126. So the bill 
was not ordered to be engrossed, and 
passed to a third reading, which was in 
effect its defeat. Great confusion pre- 
vailed in the hall. Many members ad- 
dressed the Speaker at the same time. 
Mr. Boyd, of Kentucky, was recognized. 
He moved to reconsider the vote by 
which the engrossment of the bill had 
been rejected. 

Mr. Burt, of South Carolina, moved 
to lay Mr. Boyd's motion to reconsider 
on the table. 

Mr. Harris, of Illinois, moved that the 
House adjourn, which motion prevailed. 

In this position of affairs night closed 
upon the parties. So ended the first 
day's action. 

The next day, September the 5th, the 
motion to lay Mr. Boyd's motion to re- 
consider on the table was the first ques- 
tion in order. On this the vote stood 71 
to 135. So the motion to reconsider 
was not laid on the table. The pre- 



vious question was seconded on Mr. 
Boyd's motion to reconsider — the main 
question was ordered. 

Mr. Ilolloway, of New York, in- 
quired of the Speaker if the vote should 
be reconsidered, whether the bill would 
then be open for amendment. 

The Speaker said it would. 

The vote on Mr. Boyd's motion to 
reconsider the vote by which the en- 
grossment of the bill had been re- 
jected was then taken, and stood 131 
in favor, and 75 against it. So the mo- 
tion prevailed. 

Mr. Grinnell, of Massachusetts, then 
moved to reconsider the vote by which 
Mr. Boyd's amendment had been re- 
jected the day before, and called the 
previous question, which was seconded. 

Mr. Campbell, of Ohio, moved to lay 
the motion to reconsider on the table. 
The vote stood 96 to 108. The question 
then came up on Mr. Grinnell's motion 
to reconsider. The vote stood, yeas, 106; 
nays, 99. So the rejection of Mr. Boyd's 
amendment was reconsidered. Man}' 
members now again addressed the chair 
at the same time. Mr. Boyd was recog- 
nized. He called the previous ques- 
tion. Strong appeals were made to 
him to withdraw it. Cries came from 
all sides of the House, " Question ! 
question ! " 

Mr. Meade, of Virginia, inquired if it 
was then in order to move to refer the 
whole matter to the committee of the 
whole on the state of union. 

The Speaker said it was not, pending 
the demand for the previous question. 

Mr. Preston King, of New York, asked 
if it was in order to move an amendment 
to the bill? 

The Speaker said not, pending the 
motion for the previous question. 

Mr. King asked if the chair had not 



THE ADMINISTRATION OF FILLMORE. 



529 



decided that it would be open for amend- 
ment if it was reconsidered ? 

The Speaker said he had, and it would 
be now, but for the demand for the pre- 
vious question ; if the demand for the pre- 
vious question was voted down, the sub- 
ject-matter would beopenforamendment. 

On the demand for the previous ques- 
tion, the vote was in favor of sustaining 
it 88, and against it 99. So the previous 
question was not ordered. 

Mr. Toombs, of Georgia, obtained the 
floor, and moved an additional section, 
in these words: 

"And be it further enacted, That no 
citizen of the United States shall be de-' 
prived of his life, liberty, or property in 
said Territory, except by the judgment 
of his peers and the laws of the land, 
and that the Constitution of the United 
States, and such States thereof as may 
not be locally inapplicable, and the com- 
mon law as it existed in the British Col- 
onies of America, until the 4th day of 
July, 1776, shall be the exclusive laws of 
said Territory, upon the subject of Afri- 
can slavery, until attested by the proper 
authority." 

Mr. Toombs said he had no desire to 
debate the question or to close debate 
on it, and would not move the previous 
question. Several members addressed 
the chair. 

Mr. Wentworth was recognized. He 
inquired whether it would be in order to 
move a substitute for Mr. Toombs' 
amendment. 

The Speaker said it would not be, as 
that was an amendment to an amend- 
ment already pending. 

Mr. Wentworth inquired if it was in 
order to move to commit. 

The Speaker said it was. 

Mr. Wentworth. — Is it in order to 
move to commit with instructions ? 
34 



The Speaker said that it was. 

Mr. Wentworth then moved to commit 
the bill with the following instructions: 

"So to amend the amendment as to 
exclude slavery from all the territory 
acquired from Mexico by the treaty of 
Guadalupe-Hidalgo eastward of Califor- 
nia." 

Several members addressed the chair. 
Mr. Wentworth, holding the floor, in- 
quired of the Speaker whether he could 
adopt other instructions that might be 
suggested to him, and after his demand 
for the previous question, whether 
separate votes could be taken on the dif- 
ferent sets of instructions. 

The Speaker said the motion to com- 
mit with instructions was indivisible; 
but upon the instructions a separate vote 
could be called, so as to leave with the 
motion to commit a separate and distinct 
proposition. Mr. Wentworth then ac- 
cepted from Mr. Howard, of Texas, cer- 
tain instructions relating to boundary 
and the settlement proposed to be made 
between the United States and Texas, 
and moved the previous question ; but 
yielded the floor to Mr. Featherstone.who 
wished an additional instruction, to wit, 
"strike out all of the original bill after 
the enacting clause, and insert as fol- 
lows: 

"That the boundaries of the State of 
Texas, as defined and established by the 
act of the Texas Congress, passed De- 
cember 19th, 1836, for that purpose, are 
hereby recognized by the government of 
the United States." 

He renewed Mr. Wentworth's call for 
the previous question. Great confusion 
prevailed. Many inquiries were ad- 
dressed to the chair, as to what would 
be the effect of ordering the previous 
question, and what would be the order 
of voting, if the previous question should 



530 



HISTORY OF THE UNITED STATES. 



Took II., c 23 



be sustained. In answer the Speaker 
said : 

"The chair will state the question. If 
the previous question should be sustained, 
and the main question ordered, the ques- 
tion will be first on the amendment to 
the instructions offered by the gentleman 
from Mississippi (Mr. Featherstone). 
Secondly, on the motion to commit with 
instructions (amended or not, as the case 
may be). If the House should refuse to 
commit with instructions, the question 
then recurs on the amendment of the 
gentleman from Georgia (Mr. Toombs), 
and then on the amendment of the gen- 
tleman from Kentucky (Mr. Boyd), 
amended or not, as the House may de- 
termine, and then on ordering the bill to 
a third reading. After the vote shall 
have been taken on the last mentioned 
proposition, and not before, the previous 
question will be exhausted." 

The call for the previous question was 
sustained by a vote of 102 to 40. 

The question on Mr. Featherstone's 
instructions was then decided by a vote 
of 71 yeas to 128 nays. 

The question then to commit with Mr. 
YYentworth's instructions coupled with 
Mr. Howard's, was decided by a vote of 
80 yeas to 121 nays. So the motion to 
commit with instructions failed. 

The question then recurred upon Mr. 
Toombs' amendment. On this a division 
was called. The first branch of his 
amendment was agreed to without a 
count. The second branch was rejected 
by a vote of 64 yeas to 1 2 1 nays. 

The question then came up for a 
second time upon agreeing to the amend- 
ment of Mr. Boyd. 

Mr. Stevens, of Pennsylvania, moved 
a division of the question. 

The Speaker held it to be indivisible. 
The question on Mr. Boyd's amendment 



was then decided by 106 yeas to 99 
nays. So Mr. Boyd's amendment, as 
amended, was agreed to ; and the ques- 
tion recurred on ordering the bill, as it 
stood amended, to be engrossed for a 
third reading. 

Mr. Gott called for the yeas and nays. 

Mr. Inge moved that the House ad- 
journ. The House refused to adjourn. 

Mr. Inge moved to lay the whole sub- 
ject on the table. The House decided 
against the motion without division. 

The question then recurred on order- 
ing the bill as amended to be engrossed 
for a third reading. The roll was called. 
Intense excitement prevailed. The 
Speaker arose and very slowly was about 
to announce the result. Cries of " Re- 
port ! report ! report ! " came from all 
sides of the hall. 

Mr. McDowell, of Virginia, rose, and 
said he desired to know of the Speaker, 
in the event of the bill being lost by the 
present vote, if it would be open to re- 
consideration. Cries of " Order ! order ! " 

The Speaker made no reply. 

Mr. McDowell still remained on the 
floor. 

The Speaker inquired if the gentleman 
from Virginia desired to vote. Mr. Mc- 
Dowell said he had voted. Cries from 
all sides, " Report! report ! " etc. 

The Speaker commenced his an- 
nouncement by saying, " upon ordering 
the bill to be engrossed, the vote is 

97-" 

Mr. Cabell, of Florida, rose, and said 
he desired to have his name called. The 
Speaker inquired if he was within the 
bar of the House when his name was 
called on the roll. He said he was. 
His name was then again called, and he 
responded "Aye." Demands were again 
made upon the Speaker to report. 

Mr. Potter, of Ohio, rose, and asked 



THE ADMINISTRATION OF FILLMORE. 



that his name be called. The inquiry 
was made if he was within the bar of the 
House when his name had been called. 
He answered he was. His name was 
again called, and he also voted "Aye." 

Mr. McLean insisted that order should 
be restored in the hall before the result 
was announced. The area was then 
cleared, and order restored. 

The Speaker arose and announced the 
vote. Yeas, 99; nays, 107. So the en- 
grossment of the bill was again lost. 

Mr. Howard, of Texas, moved a re- 
consideration of the vote. 

Mr. Inge moved to lay the motion on 
the table. 

The Speaker decided that the motion 
to reconsider was not in order, as a mo- 
tion to reconsider the vote on the third 
reading of the bill had been once recon- 
sidered. 

Mr. Howard appealed from the decis- 
ion. The question was, Shall the de- 
cision of the chair stand as the judgment 
of the House? Pending this question, 
on motion of Mr. McClernand, an ad- 
journment took place. 

So closed the second day upon the 
scenes of strife. 

On the 6th of September, the question 
recurring upon the appeal from the de- 
cision of the chair, Mr. Duer moved to 
lay the appeal on the table. On this 
question the yeas were "/J, and the nays 
123. So the appeal was not laid on the 
table. 

The question then was, "Shall the 
decision of the chair stand as the judg- 
ment of the House ? " On this the yeas 
were 83, and the nays 123. So Mr. 
Speaker Cobb's decision was overruled. 

The question now was, Shall the vote 
by which the House refused to order the 
bill as amended to be engrossed for a 
third reading be reconsidered? The 



531 

vote was, yeas, 122 ; nays, 84. So the re- 
jection of the engrossment of the bill 
was again reconsidered. The question 
then recurred, Shall the bill as amended 
be ordered to be engrossed for a third 
reading ? Mr. Howard demanded the 
previous question. On ordering it, there 
were yeas, 1 1 5 ; nays, 91 — and upon the 
engrossment of the bill for a third read- 
ing, the yeas now were 108 ; nays, 98. 
So Boyd's amendment was thus finally 
adopted! The anti-restrictionists had 
won the day at last ! The hall was in a 
general uproar! 

Mr. Burt moved to lay the bill on the 
table. The vote was, yeas, 97 ; nays, 108. 
The bill as it then stood amended was 
put upon its passage, and was carried by 
a vote of 108 yeas to nays 97. 

Such are some of the scenes and 
struggles through which this new princi- 
ple, established in the Senate on the 17th 
of June, passed before its final consum- 
mation in the House on the 6th of Sep- 
tember, 1850. This was the compromise 
of that year. The other associated 
measures all depended upon it. The 
Senate concurred in the House amend- 
ments thus made to their bill. The other 
measures were all soon afterwards taken 
up and passed — the Utah bill ; the bill for 
the admission of California; the fugitive 
slave bill ; and the bill forbidding slaves 
to be introduced into the District of Co- 
lumbia, for the purpose of offering them 
in public market for sale. 

It is proper here to state that the Utah 
bill thus passed embraced within the 
boundaries of that Territory a portion of 
the Louisiana cession to which the old 
Missouii restriction applied. It em- 
braced that portion of this cession lying 
on the head-waters of the Colorado river, 
known as the Middle Park, " so glowingly 
described by Colonel Fremont," while 



$32 



HISTORY OF THE UNITED STATES. 



Book II., c. 23 



the New Mexico bill embraced a degree 
and a half of latitude, and nearly four 
degrees of longitude, of that portion of 
territory north of 36 30', which was 
covered by the Congressional exclusion 
of slavery, as provided by the resolutions 
under which Texas became incorporated 
as a State into the Union. This is seen 
by a perusal of these acts.* The new 
principle now established removed these 
old restrictions so far as they came 
within the range of its action, at the time, 
and the establishment of this new terri- 
torial principle was the real and only 
Compromise of 1850. The other meas- 
ures, except the District slave-trade bill, 
were but cognate accompaniments. 

In procuring the establishment of this 
new principle there was no other threat, 
menace, or bluster, on the part of South- 
ern Senators and members, except the 
firm and determined declaration that 
their States would not remain in the 
Union, when it became a fixed fact that 




COAT OF ARMS OF CALIFORNIA. 

the principle of a division of the public 
domain between the opposing sections 
had been forever repudiated, unless ter- 
ritorial restriction by Congress should be 
totally abandoned, and unless the princi- 
ples of the Federal Constitution should 
be adhered to in good faith on this ques- 
tion on the part of their Northern con- 
federates. The compromise was an 
agreement on the part of the slavchold- 
ing States to continue in the Union, in 



* United States Statutes at Large, vol. ix., pp. 447 
"J 453- 



consideration of these renewed pledges 
on the part of the non-slaveholding 
States, through their members and Sena- 
tors, to abide by the Constitution. It is 
true, Southern members and Senators 
were far from being unanimous in favor 
of this compromise. A protest against 
the admission of California was pre- 
sented to the Senate, the 14th of 
August, signed by Messrs. Hunter and 
Mason, Senators of Virginia; Messrs. 
Butler and Barnwell, of South Carolina; 
and Mr. Davis, of Mississippi, and some 
others; while thirty members in the 
House, from the South, voted against the 
bill, which we have just traced through 
its perils to its final passage, and which 
embraced the principle of the compro- 
mise, as we have seen. 

An analysis of this vote in the House, 
close as it was, presents some interesting 
facts, when made cither by States ox per 
capita. Analyzed by States, it shows 
that in that body the vote stood fifteen 
States for it, thirteen States against it, 
with two divided. The States voting 
for it were: New Hampshire, Pennsyl- 
vania, Illinois, Iowa, Delaware, Mary- 
land, Virginia, North Carolina, Georgia, 
Florida, Tennessee, Kentucky, Missouri, 
Texas, Indiana — five Northern and ten 
Southern. The States voting against it 
were: Massachusetts, Connecticut, Ver- 
mont, New York, New Jersey, Ohio, 
Michigan, Wisconsin, South Carolina, 
Alabama, Mississippi, Arkansas, and 
Louisiana — eight Northern and five 
Southern. The two States divided were 
Maine and Rhode Island, both North- 
ern. 

The per capita view of the vote is in- 
teresting only as it exhibits the position 
of the two great nominal parties upon 
the then living issues of the day — North 
as well as South. The 108 votes by 



THE ADMINISTRATION OF FILLMORE. 



5-1 ■> 



which the compromise was carried were 
composed of 59 Democrats and 49 
Whigs. Of these Democrats, 32 were 
from non-slaveholding States, and 27 
from slaveholding States. Of the 49 
Whigs, 24 were from the non-slavehold- 
ing States, and 25 from slaveholding 
States. Of the 97 votes against the 
compromise, 46 were Democrats, and 
51 W T higs. Of the 46 Democrats, 17 
were from non-slaveholding States, and 
29 from slaveholding States. Of the 
5 1 Whigs, 50 were from non-slavehold- 
ing States, and I from a slaveholding 
State. 

This exhibition of itself is quite 
enough to. show that those Southern 
Whigs, to whom allusion has been made, 
were right in their opinion at the begin- 
ning of the session, that the time had 
come for a reorganization of parties. 
This was the conclusion to which Mr. 
Clay and Mr. Cobb, and many other dis- 
tinguished opposing party leaders, came 
when the struggle was over. This ap- 
pears from a paper drawn up and signed 
by them with over forty others and pub- 
lished as a manifesto to the country, 
that they would in future support no 
man for office, either State or Federal, 
who would not agree to stand by and 
support the principles established by 
these measures. The effect of this 
paper, together with the action of the 
Georgia State Convention in December, 
1850, and the elections in this State and 
Mississippi, in 185 1, which were carried 
by overwhelming majorities under a new 
party organization styled the Constitu- 
tional Union party, showed clearly to 
the two old parties that their days were 
numbered, unless they in their Conven- 
tions should proclaim their determina- 
tion to abide by the settlement so made. 
The Sovereign Convention of Georgia 



had, in December, 1850, set forth her 
position on all these questions in a series 
of resolutions which became famous as 
the Georgia platform, and gave to her 
the appellation of the Union State, as 
well as the Empire State of the South.* 
We have thus given a full and accurate 
history of the Congressional legislation 
of 1850, upon the subject of slavery, on 
what is generally known as Mr. Clay's 
"Compromise Measures," of that year. 

CHAPTER XXIV. 
fillmore's administration — Continued. 

(September, 1850 — 4th of March, 1853.) 

Second session of Thirty-first Congress, December, 
1850 — The country comparatively quiet — Mr. Fill- 
more's message meets with general favor — Im- 
portant decision of Speaker Cobb on the subject 
of Federal time — The adjustment measures of 
1850 not universally acquiesced in in the South — 
Conventions called in several States — South Caro- 
lina, Georgia, Mississippi — Georgia platform of 
1850 — Elections in 1 85 1 in Georgia and Missis- 
sippi — Laying corner-stone of the capitol extension 
4th of July, 1851 — Mr. Clay's death and funeral — 
Lopez's second expedition and disastrous results 
— Grinnell's second expedition to the Arctic Seas 
in search of Sir John Franklin — The elections to 
Thirty-second Congress favorable to the adjust- 
ment measures — Lynn Boyd, the leading advocate 
of the measures, chosen Speaker by a large major- 
ity—Presidential election in fall of 1S52 — Party 
platforms, with candidates and results of elections 
— Death of Mr. Webster — Retirement of Mr. Fill- 
more after the 4th of March, 1853. 

HE second session of the Thirty- 
first Congress met in December, 
1850. Everything was compara- 
tively quiet. Mr. Fillmore's mes- 
sage, which suggested many new 
and important measures, was received 
with almost unanimous favor. Many of 
these were adopted, while others were 
not acted upon. The most important of 
the former was the passage of the cheap 
* See Appendix K. 




534 



HISTORY OF THE UXITED STATES. 



Bo.-k II, c. 24 



postage system, by which a uniform rate 
of three cents was charged upon all 
letters throughout the United States; 
and an act providing for the settlement 
of disputed land claims of California. 
His recommendation also, that the ad- 
justment measures should be received 
as a settlement, in principle and sub- 
stance, of the matters therein embraced, 
met with general favor and approval. 

On the last day of the Thirty-first 
Congress, Mr. Speaker Cobb made a 
decision which deserves especial notice; 
it was in relation to the time at which 
the Congressional term expired; uni- 
formly from the beginning of the govern- 
ment to that time, it had been held that 
the Congressional term expired at 12 
o'clock on the night of the 3d day of 
March — Cobb decided that it expired at 
noon on the 4th. The House sustained 
the decision, and it has been acquiesced 
in ever since. Twelve o'clock noon is 
now considered as the beginning and 
end of the political day, and official term 
of the members of Congress, and the 
President of the United States; as the 
evening and the morning constituted the 
first day, according to the Mosaic ac- 
count, so it does now in our Federal 
vocabulary. The term of a member of 
Congress begins on the 4th of March, at 
noon, and terminates on the same day 
two years thereafter. The Presidential 
term also begins at noon on the 4th day 
of March, and terminates at noon on 
the same day, four years thereafter. 

The settlement of the sectional ques- 
tions, as set forth in the last chapter, 
gave to the country generally peace and 
quiet, as stated, throughout the limits of 
the States. There was some agitation 
and excitement, however, at the South 
on the part of the extreme men, who had 
opposed the adjustment measures, espe- 



cially in South Carolina, Georgia, and 
Mississippi. A convention was called 
in several of the Southern States to con- 
sider the compromise measures, and to 
resist the admission of California. In 
Georgia on this call there was a thorough 
discussion throughout the State ; the 
result of which was the election of an 
overwhelming majority of delegates op- 
posed to any resistance, and the adop- 
tion of a series of resolutions known as 
the Georgia platform.* In South Caro- 
lina it was determined to take no sepa- 
rate action, but co-operate with sister 
States. The agitation, however, was re- 
newed in 185 1, both in Georgia and 
Mississippi. The result was the tri- 
umphant election of Howell Cobb as 
Governor of Georgia as a constitutional 
Union man, who was the distinguished 
Speaker of the House of Representatives 
in Congress, as a Democrat, under the 
old party organization, over Charles J. 
McDonald, who had been twice governor, 
and thought to be personally the most 
popular man in the State. While Henry 
S. Foote, an ardent supporter of the 
compromise measures in the United 
States Senate, was elected in Mississippi, 
Governor of that State, by an equally 
triumphant majority over Jefferson Davis, 
who was supported and voted for by 
those who opposed the settlement of 
1850. South Carolina still held her 
position not to take the lead, but to hold 
herself in readiness to co-operate on any 
line of action that might be adopted by 
her sister States. 

On the 4th day of July, 185 1, the 
corner-stone of the two new wings of 
the capitol was laid. Mr. Webster de- 
livered a speech on the occasion which 
was considered one of the greatest of his 
life. It was delivered to an immense 
* See Appendix K. 




VIEW OF THE NATIONAL CAPITOI. AT WASHINGTON. 



(535) 



53^ 



HISTORY 01 THE UNITED STATES. 



Hook II., c 24 



audience, on a platform erected on the 
east side of the capitol. In it, among 
other tilings, he said : 

" If it shall hereafter be the will of 
God that this structure shall fall from 
its base — that its foundations shall be 
upturned, and the deposit beneath this 
stone be brought to the eyes of men — 
be it then known that on this day the 
Union of the United States of America 
stands firm, that this Constitution still 
exists unimpaired, and, with all its use- 
fulness and glory, is growing every day 
stronger in the affections of the great 
body of the American people, and at- 
tracting more and more the admiration 
of the world." 

This exhibits a striking illustration of 
Mr. Webster's devotion to the Union of 
the States under the Constitution. 

Mr. Clay's prominence in effecting the 
adjustment of the sectional controversy, 
as related in the last chapter, was con- 
sidered the crowning glory of his life. 
The party animosities of former years 
were forgotten. lie now had the confi- 
dence, friendship and admiration of free- 
traders and protectionists, of bank Whigs, 
and Jackson Democrats. He never 
more took an active part in public 
affairs ; but continuing to hold his seat 
he returned to Washington in the winter 
of 1 85 i, where he remained, gradually 
failing in health with the infirmities of 
age, until the 29th of June, 1852, when, 
after having passed the 75th anniversary 
of his birth, he gradually and quietly 
Sink to his last rest, at his quarters in 
the National hotel, leaving the country 
at peace with the world, and at peace 
with itself. The midday of the life of 
but few public men was ever more 
stormy than his had been, while that of 
none ever closed with a more tranquil 
and glorious sunset. 



His funeral services, held in the cap- 
itol, were of the most impressive char- 
acter. Eulogies of the highest order of 
eloquence and the most touching pathos 
were pronounced by Senators and mem- 
bers, as well as officiating clergymen. 
The funeral procession presented a pa- 
geant the like of which had never been 
seen in Washington before. His remains 
were escorted by a committee of the 
Senate and House to his residence at 
Ashland, Kentucky, and were finally 
deposited in the cemetery at Lexington, 
near by, where a beautiful and appro- 
priate marble monument has been 
erected to his memory. 

This year was noted for the last of the 
filibustering expeditions of the celebrated 
General Marciso Lopez against Cuba. 
He was a Spanish officer of distinction, 
having served in the war against Ven- 
ezuela, and afterwards took up his resi- 
dence in Cuba, when he sympathized 
with the people against what he consid- 
ered the unjust exactions of the mother 
country. He became the prominent 
leader of an insurrectionary movement 
to throw off the dominion of Spain and 
establish the independence of his adopted 
island. He was a man of great ardor of 
temperament, with but little judgment or 
wisdom. His reliance was upon foreign 
aid, without any well-organized resistance 
at home. His first attempt in 1849 was 
a failure, so was his second in 1850. The 
enterprise of 185 I was inaugurated with 
more hopeful prospect of success. He 
raised a party of 400 of select daring 
young men from the United States, who 
enlisted under his banner and success- 
fully set out on what they considered a 
most patriotic enterprise. According to 
Lopez's arrangement, his whole plan and 
all his movements upon landing in Cuba 
were to be kept secret, known only to 



THE ADMINISTRATION OF FILLMORE. 



537 



himself and his co-operators on the 
island. But the Spanish authorities in 
Cuba by their great vigilance and espion- 
age came in possession of the whole 
plot, and the expedition on landing at 
Cardenas, so far from being met there 
by friends hailing them as deliverers, 
as they expected, was overpowered by 
superior Spanish forces under command 
of the Captain-General of Cuba, who 
was awaiting them. They were all 
captured, with their vessels, provisions, 
arms, and other munitions of war. 
Lopez and other Spanish leaders were 
immediately garroted, with several of the 
more prominent American adventurers, 
among whom was the lamented nephew 
of the then Attorney-General of the 
United States. The news of the dis- 
astrous result of this expedition, and the 
summary execution of the prominent 
actors in it, produced a great sensation 
in the United States. This execution 
occurred on the ist of September, 185 1. 
At this critical period the United States 
Consul at Havana w r as Allen F. Owen, a 
Georgian, who had served with distinc- 
tion in Congress, and who conducted his 
intercession in behalf of his unfortunate 
countrymen with a faithfulness and ability 
which did credit alike to his heart and 
his head. They had knowingly and 
openly violated the laws of their own 
country as well as those of a neighbor- 
ing power. His appeal for mercy in 
their behalf, however, led to a protracted 
correspondence between the authorities 
of the United States and the Spanish 
government, which ultimately ended in a 
release and pardon of all the prisoners, 
except those who had been executed soon 
after their capture. 

In this year also was fitted out the 
second Arctic expedition gotten up by 
Mr. Henry Grinnell, under the auspices 



of the government of the United States, 
for the search of Sir John Franklin's 
party. Mr. Grinnell fitted up the ships 
and was at all the expense. The govern- 
ment supplied the naval officers in com- 
mand. Mr. Grinnell's first expedition 
was in 1850. In command of this was 
put Lieutenant Edwin J. DeHaven, of 
the United States navy, with Dr. Elisha 
Kent Kane, also of the navy, as surgeon. 
This expedition returned without having 
accomplished anything satisfactory as to 
the objects of the search. Mr. Grinnell, 
not being discouraged ' by the failure, 
sent out this second expedition, which 
was put under the command of Dr. 
Kane, who was the surgeon of the first. 
This was absent several years, and though 
nothing positive or satisfactory as to the 
fate of Sir John Franklin and his com- 
rades was ascertained by it, yet Dr. 
Kane's report disclosed many interesting 
facts unknown before to men of science, 
connected with the climate and geogra- 
phy of these Northern Seas. 

During the fall of this year (1852) 
another Presidential election took place. 
The two great parties, Whig and Demo- 
cratic, still held their nominal organiza- 
tions, and both held their nominating 
Conventions at Baltimore this year. The 
Democratic Convention met on the 1st 
of June, and put in nomination for the 
Presidency General Franklin Pierce, of 
New Hampshire, a strict constructionist 
of the " straightest sect " of the Jeffer- 
sonian school; and for the Vice-Presi- 
dency William R. King, of Alabama, 
of the same class of statesmen. The 
Whigs met on the 16th of June, and put 
in nomination for the Presidency Gen- 
eral Winfield Scott, the " Conqueror of 
Mexico;" and for the Vice-Presidency, 
William A. Graham, of North Caro- 
lina. 



§** 



HISTORY OF THE UNITED STATES. 



Book II., c. 24 



The Democratic platform on this sub- 
ject was in the following words : 

"Resolved, That Congress has no power, 
under the Constitution, to interfere with 
or control the domestic institutions of 
the several States, and that such States 
are the sole and proper judges of every- 
thing appertaining to their own affairs, 
not prohibited by the Constitution ; that 
all efforts of the Abolitionists or others, 
made to induce Congress to interfere 
with questions of slavery, or to take in- 
cipient steps in relation thereto, are cal- 
culated to lead to the most alarming and 
dangerous consequences, and that all 
such efforts have an inevitable tendency 
to diminish the happiness of the people, 
and endanger the stability and perma- 
nency of the Union, and ought not to be 
countenanced by any friend of our polit- 
ical institutions. 

"Resolved, That the foregoing propo- 
sition covers, and was intended to em- 
brace, the whole subject of slavery agita- 
tion in Congress; and, therefore, the 
Democratic party of the Union, standing 
on this National platform, will abide by 
and adhere to a faithful execution of the 
acts known as the compromise measures, 
settled by the last Congress — ' the act 
for reclaiming fugitives from service or 
labor,' included ; which act being de- 
signed to carry out an express provision 
of the Constitution, cannot, with fidelity 
thereto, be repealed, nor so changed as 
to destroy or impair its efficiency." 

The Whig Convention, which met at 
the same place on the 16th of June, gave 
the compromise measures an indorsement 
in words even more pointed and explicit. 
The language used by that is as follows : 

" i. That the government of the 
United States is of a limited character, 
and it is confined to the exercise of 
powers expressly granted by the Consti- 



tution, and such as maybe necessary and 
proper for carrying the granted powers 
into full execution ; and that all powers 
not thus granted, or necessarily implied, 
are expressly reserved to the States re- 
spectively, or to the people. 
******* 

" 7. That the Federal and State gov- 
ernments are parts of one system, alike 
necessary for the common prosperity, 
peace, and security, and ought to be re- 
garded alike, with a cordial, habitual, 
and immovable attachment. Respect for 
the authority of each, and the acqui- 
escence in just constitutional measures 
of each, are duties required by the 
plainest considerations of National, of 
State, and of individual welfare. 

" 8. That the series of acts of the 31st 
Congress, known as the compromise 
measures of 1850 — the act known as the 
Fugitive Slave Law included — are re- 
ceived and acquiesced in by the Whig 
party of the United States as a settlement 
in principle and substance, of the danger- 
ous and exciting questions which they cm- 
brace ; and, so far as they are concerned, 
we will maintain them, and insist on their 
strict enforcement, until time and expe- 
rience shall demonstrate the necessity of 
further legislation, to guard against the 
evasion of the laws on the one hand, and 
the abuse of their powers on the other — 
not impairing their present efficiency; 
and we deprecate all further agitation 
of the questions thus settled, as dan- 
gerous to our peace, and will discounte- 
nance all efforts to continue or renew 
such agitation, whenever, wherever, or 
however the attempt may be made; and 
we will maintain this system as essential 
to the nationality of the Whig party and 
the integrity of the Union." 

These resolutions Mr. Greeley styles 
the " Southern platform," and speaks of 






THE ADMIXISTRATION OF FILLMORE. 



539 



it as having been " imposed " upon the 
convention by the "Southern delegates." 
According to his idea, it was but an- 
other dictation of the " slave power." * 
This is certainly a very great mistake ; 
the truth is, that it was drawn up by 
Mr. Choate, and other Northern dele- 
gates in consultation with Mr. Webster 
at his house in Washington. Mr. Web- 
ster called at the quarters of the author 
of this history, who lived in an adjacent 
house to his, while Mr. Choate was 
still with him, and submitted to the 
author a series of resolutions prepared 
to be offered to the convention. The 
author was known by Mr. Webster to 
be an earnest advocate of his nomina- 
tion. They were substantially the reso- 
lutions which were adopted at Baltimore. 
The eighth one in particular is just as it 
then was, with one exception. The 
words, " in principle and substance," were 
not in it when submitted. Having been 
struck with the point and force of these 
words, which he had used in a letter 
published some time before, and the 
great appropriateness of the same 
words in Mr. Fillmore's message, in 
December, 185 1, the writer of this sug- 
gested to him to put them in this reso- 
lution after the word " settlement." He 
instantly assented, and interlined them 
himself in the writer's presence, saying, 
"that is perfectly right," or words to 
that effect. They were afterwards pub- 
lished in the report of the committee of 
the convention on resolutions as they 
now stand. Mr. George Ashman, of 
Massachusetts, was chairman of that 



consulted, but they did nothing in rela- 
tion to them which could be justly 
styled as imposing them upon the con- 
vention. 

Mr. Ashman, chairman of the com- 
mittee on resolutions, in his speech on 
reporting the whole series, stated that 
they had been agreed to by the commit- 
tee by an almost unanimous vote. Mr. 
Dayton, of New Jersey, who in his place 
in the Senate had been a most decided 
and earnest advocate of territorial re- 
striction, while that question was open, 
now as a member of this convention, 
gave this resolution his emphatic in- 
dorsement. The published proceedings 
show these striking facts. On the adop- 
tion of the whole platform, with this 
resolution in it, the per capita vote stood 
227 yeas to 65 nays.* By States the 
vote in convention stood 27 States for 
the platform, three States only against it, 
and one State divided. The three 
States against it were New York, Ohio, 
and Michigan. The State equally divi- 
ded — four delegates for and four 
against it — was Maine. Every other 
State of the Union, by the votes of their 
delegates in that convention, affirmed 
and indorsed it. 

How in the face of these facts Mr. 
Greeley could have stated, as a historic 
truth, that the platform was imposed 
upon the convention by Southern dele- 
gates, it cannot be well imagined. An- 
other equally singular error is made by 
him in stating that General Scott, who 
was nominated, " made haste to plant 
himself unequivocally and thoroughly 



committee. There can be no question I on the platform thus erected." The 
that these resolutions were prepared by truth is, General Scott refused to express 
the Northern friends of Mr. Webster, at any direct approval of the platform, 
his house, and met with his full concur- when he knew that the support of a large 
rence. Southern friends were doubtless class of persons at the South, including 



* American Conflict, vol. i., p. 223. 



* National Intelligencer, June 19th, 1S52. 



HISTORY OF THE UXITED STATES. 



540 

that class of Southern Whigs referred to 
and other members of Congress who 
had, before 1850, acted with the Whig 
party, depended upon his giving an un- 
equivocal indorsement of that portion 
of it relating to the compromise, lie 
acted, as was supposed, under the ad- 
visement of Mr. Seward, then in the 
Senate, from New York, who was on 
intimate terms with him — was one of 
his most active friends in procuring his 
nomination, and who was known to be 
very much opposed to the platform. 

To this refusal of General Scott " to 
plant himself unequivocally and thor- 
oughly on the platform thus erected," 
his great defeat was unquestionably 
owing.* Mr. Pierce, who received the 
Democratic nomination, gave these meas- 
ures his cordial approval, as well as 
another resolution of the Democratic 
Convention, reaffirming the Kentucky 
and Virginia resolutions of 1798-99. 
He, it is known, carried every State in 
the Union except four. 

Was there ever a more general and 
decided popular approval of any measure 
than that given by the people and States 
of this Union in that election, to the es- 
tablishment of this new principle on the 
territorial question ? The anti-slavery 
agitators also held a Convention at Pitts- 
burgh, Pennsylvania, on the nth of 
August, at which they put in nomination 
for the Presidency John P. Hale, of New 
Hampshire, and for the Vice-Presidency 
George W. Julian, of Indiana. 

The result of the election by the col- 
leges was: 251 electoral votes for Pierce 
and King; and 42 for Scott and Graham; 
by States, 27 for Pierce and King, and 4 
for Scott and Graham. The States 
which voted for Pierce were: Maine, 
New Hampshire, Rhode Island, Connec- 



Book II., c. 24 



* See Appendix I. 



ticut, New York, New Jersey, Pennsylva- 
nia, Delaware, Maryland, Virginia, North 

Carolina, South Carolina, Georgia, 
Ohio, Louisiana, Mississippi, Indiana, 
Illinois, Alabama, Arkansas, Missouri, 
Michigan, Florida, Texas, Iowa, Wiscon- 
sin, California. Those that voted for 
Scott were, Massachusetts.Vermont, Ken- 
tuck}-, and Tennessee. The anti-slavery 
ticket received no electoral vote, but 
out of the popular vote of nearly 3,500,- 
000, it polled 155,825 individual votes, 
being little over half of what it polled 
at the previous election. 

During the canvass preceding this 
election the whole country was again 
thrown into mourning by the announce- 
ment of the death of Mr. Webster, the 
last survivor of the great senatorial 
"trio." He expired at his residence at 
Marshfield, Massachusetts, on the 24th 
of October, 1852, in the 71st year of 
his age. He was decidedly the favorite 
of a large portion of the people of the 
United States for the Presidency in the 
election of 1852, and many thousands at 
the polls voted a ticket headed by his 
name, even after he was dead. 

Mr. Calhoun, Mr. Clay, and Mr. Web- 
ster were regarded as the three greatest 
statesmen of the country in their day. 
They were all men of very great ability, 
of very different characters of mind, as 
well as styles of oratory, as heretofore 
stated. They differed also widely on 
man}' questions of public policy. Put 
they were all true patriots in the highest 
sense of that term, and were all thor- 
oughly devoted to the Union under the 
Federal Constitution. 

The Thirty-second Congress met in 
December, 1852. The elections to this 
Congress had resulted in a large majority 
in favor of the adjustment of 1850. 
Lynn Boyd, of Kentucky, the leader in 



THE ADMINISTRATION OF PIERCE. 



54* 



the House upon those measures, was 
chosen Speaker by a large majority. 
The executive message met with general 
favor and approval. 

After the 4th of March, 1853, Mr. Fill- 
more retired to his residence, in Buffalo, 
New York. His administration was dis- 
tinguished for what was known as the 
"Compromise Measures of 1850," which 
restored peace and harmony to all sec- 
tions of the Union for the time. 



CHAPTER XXV. 

ADMINISTRATION OF PIERCE. 
(4th of March, 1853 — 4th of March, 1857.) 

The Inaugural scenes — Pierce a most accomplished 
orator — New cabinet — Acquisition of Arizona — 
Agitators change the arena of their operations — 
Act of Congress nullified by State laws — Personal 
liberty bills — Resistance in the House to the pas- 
sage of the Nebraska bill — Mr. Sumner leads the 
opposition to it — The charge that it was a violation 
of the Missouri Compromise — Not so in fact — It 
only carried out in good faith the settlement of 
1850 — Bill passed by large majorities, with Kansas 
added — Whig party becomes extinct — Armed re- 
sistance organized in the Territory — The Kansas 
war — The " Know- Nothing " organization — In 
Thirty-fourth Congress no party has a majority — 
Nathaniel P. Banks elected Speaker under plurality 
rule — Slavery agitation at its highest pitch — Presi- 
dential election in fall of 1854 — The candidates 
and result of election — Buchanan chosen President 
and Breckinridge Vice-President — Tariff of 1857 
— Bill to admit Kansas as a State — Retirement of 
Mr. Pierce. 

N the 4th of March, 1853, Frank- 
lin Pierce, of New Hampshire, 
the fourteenth President of the 
United States, was duly inau- 
gurated in the 49th year of his 
age. The oath of office was administered 
by Chief-Justice Taney, in the midst of 
a violent eastern snow storm, before a 
very large audience in front of the east 
portico of the capitol, the usual place 




for ceremonies of this character. Gen- 
eral Pierce was a much more accom- 
plished orator than any of his predeces- 
sors, and his inaugural, notwithstand- 
ing the inclemency of the weather, was 
delivered in his happiest style, in a tone 
of voice that was distinctly heard at a 
great distance. It was responded to by 
shouts from the surrounding multitudes. 
He strongly indorsed the adjustment 
measures of 1 850. 




FRANKLIN PIERCE. 

The new cabinet consisted of William 
L. Marcy, of New York, Secretary of 
State ; James Guthrie, of Kentucky, 
Secretary of the Treasury ; Jefferson 
Davis, of Mississippi, Secretary of War ; 
James C. Dobbin, of North Carolina, 
Secretary of the Navy ; Robert McClel- 
land, of Michigan, Secretary of the In- 
terior; James Campbell, of Pennsylvania, 
Postmaster-General ; and Caleb Cush- 
ing, of Massachusetts, Attorney-General. 

Among the first things that occupied 
the new administration was the dispute 
that had arisen with Mexico on a ques- 
tion of boundary. This was settled by 
negotiation, and resulted in the acquisi- 



542 



HISTORY OF THE UNITED STATES. 



Book II., c. 25 



tion by the United States of the region 
now known as Arizona. This brought 
to the Union about 30,000 square miles 
of additional territory, known at that 
time as " Gadsden's Purchase," at the 
cost of $10,000,000. In the summer of 
1853, under the direction of the War 
Department, various expeditions were 
organized and sent out to explore routes 
for a railroad from the valley of the 
Mississippi to the Pacific ocean. After 
the settlement of the slavery question by 
the measures of 1850, which had quieted 
the excitement for a time, as we have 
stated, the agitators changed the arena 
of their operations. They abandoned 
the halls of Congress for a season, and 
in their organizations directed their un- 
ceasing efforts to accomplish their ob- 
jects by controlling local elections. The 
" Fugitive Slave Law," as it was called, 
of 1850, was now the main point of their 
assaults. The execution of this in various 
places was openly resisted by mobs and 
riots, gotten up at their instance. The 
Legislatures of several of the Northern 
States were induced by them to nullify 
the Federal law by the passage of State 
acts, known as personal liberty bills. 
Several of the States, by these acts, 
declared all fugitive slaves escaping to 
their States to be free, and made it 
criminal for anybody in their limits to 
aid in their reclamation or return. By 
these the act of Congress on the subject 
was rendered inoperative for all practical 
purposes within the limits of these 
States, through the instrumentality of 
their respective judiciary systems. A 
decision by the Federal judiciary, that 
the act of Congress was constitutional 
and necessary to carry out one of the 
obligations of the common compact be- 
tween the States, had no effect upon the 
agitators, except to cause them to de- 



nounce the court that rendered the de- 
cision, and any Union founded upon any 
such compact. While little was said in 
Congress upon the subject, this was the 
exciting topic in the local elections in 
most of the Northern States, and unpre- 
cedented gains were thereby made to the 
anti-slavery party. Every one who 
stood by the obligations of the Consti- 
tution was denounced by these agitators 
as a pro-slavery advocate. 

This was the state of things in De- 
cember, 1853, when the first session of 
the Thirty-third Congress met. On the 
4th of December, Mr. Dodge, of Io»va, 
introduced into the Senate a bill for the 
organization of a territorial government 
for Nebraska, embracing a portion of the 
territory acquired from Louisiana, lying 
north of the line of 36 30' north lati- 
tude ; as well as a portion of a territory 
from Texas, lying north of the same 
line. This was referred to the committee 
on Territories, of which Mr. Douglas 
was chairman. 

At this time the Senate was changed 
in its personal composition very mate- 
rially from what it was four years before. 
Several of the great lights then in it had 
departed. Some had gone down never 
more to shed the splendor of their in- 
tellects upon subjects of earthly investi- 
gation. Mr. Calhoun, Mr. Clay, and 
Mr. Webster, as we have seen, were of 
this number. William R. King, of Ala- 
bama, who had been elected Vice-Presi- 
dent on the Pierce ticket, was also no 
more. Others who added lustre to the 
Senatorial galaxy in 1850 were now 
filling other posts of honor and trust. 
Mr. Davis, of Mississippi, was Secretary 
of War. Mr. Benton, who had been 
beaten for the Senate in Missouri, mainly 
on account of his vote to recede on the 
disagreeing vote between the two Houses 



THE ADMINISTRATION OF PIERCE. 



543 



nn the Oregon bill in 1848, was now a 
member of the House of Representatives. 
Mr. Berrien was in private life. General 
Cass, General Houston, of Texas, and 
Mr. Bell, of Tennessee, of all the most 
distinguished characters of the former 
generation of statesmen, who were in the 
Senate in 1850, were the only ones who 
at this time still continued to occupy 
their seats in that body. Of the younger 
memb:rs, however, a goodly number 
were still there. Amongst those may be 
mentioned Mr. Douglas, of Illinois, who 
had in the meantime added greatly 
to his fame. For mental vigor 
and power of debate he had al- 
ready received the general ap- 
pellation of "the Little Giant." 
Messrs. Hunter and Mason, of 
Virginia, Mr. Seward, of New 
York, Mr. Chase, of Ohio, Mr. 
Pierce, of Maryland, Mr. Badger, 
of North Carolina, who were all 
men of great ability, were also 
still there. Besides these, and 
others who might be named, the 
vacated seats had been filled by 
men of a very high order of 
genius and eloquence. Amongst ( ^ 
the latter class may be mentioned \^ 
Mr. Toombs, of Georgia, Mr. 
Sumner, of Massachusetts, Mr. 
Andrew Pickens Butler, of South 
Carolina, Mr. Clement C. Clay, 
of Alabama, and Mr. Toucey, of Con- 
necticut. So the Senate of the United 
States was still, notwithstanding the 
changes, a most august body — not in- 
ferior to that of Rome in her palmiest 
clays. This is but a glance at the gen- 
eral character of that assembly, at the 
time we are now to enter upon an exam- 
ination of their proceedings. Nor is 
this notice at all out of place, consider- 
ing the grave charge which has been 



brought against their acts. To go on 
then with the narrative. 

On the 4th of January, 1854, Mr. 
Douglas, chairman of the committee to 
whom Mr. Dodge's bill was referred, re- 
ported it back favorably to the Senate. 
Upon the subject of slavery, in the bill 
as reported by him, he used the same 
language as that set forth in the Utah 
and New Mexico bills of 1850. He was 
careful to adhere faithfully to the territo- 
rial principle and policy then estab- 
lished, and which both of the two great 




CHARLES SUMNER. 

parties were pledged to maintain. Then 
it was that the restrictionists and agita- 
tors again raised great excitement in the 
halls of Congress. Mr. Sumner, of 
Massachusetts, on the 17th of January, 
introduced into the Senate a memorial 
against slavery, and gave notice of his 
intention, when the Nebraska bill came 
up, to offer an amendment reaffirming 
the old slavery restriction of 1820 over 
this portion of the Louisiana cession. 



544 



HISTORY OF THE UNITED STATES. 



Book II., c. 23 



This opened dc novo the whole terri- 
torial question that had been settled in 
1S50. The sectional controversy was 

thus again opened in the Federal councils, 
with all its fierceness and bitterness. 
The restrictionists and agitators now 
spoke of the old Missouri line of division 
as a " sacred pledge " and " solemn com- 
pact " between the two great sections of 
the Union, which " the slavery propa- 
gandists " were about " most ruthlessly 
and wickedly to violatj." 

When the Nebraska bill came up for 




STEPHEN A. DOUGLAS. 

action, it was amended in the Senate by 
the organization of two governments 
instead of one — a government for the 
Territory of Kansas as well as that of 
Nebraska. Upon the subject of slavery, 
the same words were used in the organi- 
zation of both governments, with only 
slight amendment in each, to make the 
object and policy of Congress more 
clearly to appear to be in strict con- 
formity with the principle of non-inter- 
vention established in 1850. To add to 



the fury of the assaults made upon this 
bill while pending in Congress was the 
famous memorial of 3,000 New England 
clergymen expressing their anathemas 
against it as a breach of faith and viola- 
tion of the solemn compact of 1820. 

Mr. Greeley (for whom the author of 
this work ever entertained, personally, 
the highest respect, but whose zeal often 
upset a well-balanced judgment), then 
having the control of the ablest paper 
of the anti-slavery party of the United 
States, the New Y<>rk "Tribune," uttered 
the following most exciting, extravagant 
and incendiary language: 

" We urq;e, therefore, unbending de- 
termination on the part of the Northern 
members, hostile to this intolerable out- 
rage, and demand of them, in behalf of 
peace — in behalf of freedom — in demand 
of justice and humanity — resistance to 
the last. Better that confusion should 
ensue — better that discord should reign 
in the National councils — better that Con- 
gress should break up in wild disorder — 
nay, better that the Capitol itself should 
blaze by the torch of the incendiary \ or fall 
and bury all its inmates beneath its 
crumbling ruins, than that this perfidy 
and wrong should be finally accom- 
plished." But notwithstanding all the 
denunciations thus hurled against the 
principles of the Kansas-Nebraska bill 
pending its progress, after a thorough 
discussion in both Houses of Congress, it 
passed the Senate on the 3d of March, 1854, 
by a majority of nearly two to one ; the 
yeas were 27, and the nays 14. By States, 
in that body, the vote stood: for it, 21, 
and against it, only 7 ; three States were 
divided. The same bill, with one or two 
slight amendments, not changing the 
substance or any of the main points, 
passed the House on the 20th of May by 
a vote of 113 in favor of it, and 100 



THE ADMINISTRATION OF PIERCE. 



545 



against it. By States in the House, the 
vote on this bill stood: 18 for it, and 13 
against it. It received the prompt ap- 
proval of the President, and is known as 
the Kansas and Nebraska Act. This is the 
legislation of 1854, about which so much 
has been said and written, and which 
constitutes the distinguishing feature of 
General Pierce's administration. It was 
•charged as a repeal of the Missouri com- 
promise. In fact, it did no such thing. 
Its object was to carry out in good faith, 
the adjustment policy of 1850 ; but it 
was used by the agitators in connection 
with the Fugitive Slave Act, another 
measure of that adjustment, in arousing 
the Anti-Slavery element everywhere to 
its intensest fury. A remnant of the 
Whig party, without regard to their 
solemn pledge to maintain the adjust- 
ment of 1850 "in principle and in sub- 
stance," being now in opposition to the 
administration, rather favored than op- 
posed the agitation which ensued. In- 
deed, some of the leading men of this 
remnant took the lead in the agitation. 
Under the territorial policy of 1850, the 
public domain was to remain open and 
free alike for settlement and colonization 
by citizens of all the States, with their 
" bondsmen " or property of every kind, 
without any discrimination for or against 
any class of persons, and the settlers 
were to regulate their own domestic 
institutions in their own way, with the 
perfect right of local self-government, 
without any limitations except such as 
are prescribed in the Constitution of the 
United States. The plan of operations 
adopted by the agitators immediately 
after the passage of the Kansas and Ne- 
braska Act was to create trouble and 
dissensions among the settlers in these 
Territories. For this purpose Emigrant 
-Aid Societies were formed by them in 
35 



the Northern States; moneys were col- 
lected ; arms were purchased and put 
into the hands of their mercenary emi- 
grants, whose object was not colonization 
so much as agitation. Civil strife soon 
ensued, and what was known as the 
" Kansas war " followed. In this the cel- 
ebrated John Brown obtained his first no- 
toriety. The administration, however, suc- 
ceeded in preserving the general peace Di- 
strict and faithful maintenance of the laws. 

It may here be properly noted that in 
the month of June of this year were 
published, it is believed for the first time 
in the history of the world, telegraphic 
weather reports. They were based upon 
the meteorological theory of James T. 
Espy, who was then in the employment 
of the government, for the purpose of 
testing the correctness of his system of 
meteorology connected with rain an I 
storm. These reports* were the initia- 
tive of the present United States Signal 
Service Bureau. The author of this 
work took an active part in the inaugu- 
ration and establishment of this system 
of reports. 

About this time a new political party 
sprung up, which soon extended through- 
out the Union. It was organized on 
principles of secrecy. Its distinctive 
features were opposition to the election 
of Roman Catholics, and persons of 
foreign birth, to any office. The name 
assumed was the American party ; though 
it was most generally at the time desig- 
nated by the appellation of " Know- 
Nothing." In this state of things the 
elections of 1854 resulted adversely to 
the administration. Those of 1855 were 
more favorable; but the combined oppo- 



* How this system of reports originated, which now 
extends not only throughout the United States, bu' the 
continent of Europe, may be seen by reference to 
Johnson's Encyclopaedia, article James P. Espy. 



546 






HISTORY OF THE UNITED STATES. 



Book II., c 25- 



sition returned a large anti-administra- 
tion majority to the House in the Thirty- 
fourth Congress, which met in Decem- 
ber, 1855. 

Owing to the discordant elements of 
which this House was composed, no 
organization took place until the 1st of 
February, 1856, when Nathaniel P. 
Banks, of Massachusetts, was declared 
Speaker, under a resolution similar to 
that adopted for the organization of the 
Thirty-first Congress. In politics he was 
an Anti-Slavery American, or " Know- 
Nothing," as the part\- was commonly 
called, though he was not the regular 
nominee of that party. The Kansas 
difficulties were the chief subjects of 
discussion at this session. The seat of 
John W. Whitfield, a Democrat, who 
had been returned as a delegate to the 
House from Kansas, was contested by 
R. P. Flenniken, one of the agitator 
emigrants, and whose claims to his seat 
were zealously supported by them in the 
1 louse, upon the ground of fraud and 
violence resorted to by Whitfield's party 
at the election. A committee was raised 
and sent to Kansas to make an investi- 
gation and report. Every means were 
resorted to to increase the excitement. 
The report consisted of over 1,100 pages. 
The result was that Whitfield was ulti- 
mately, by vote of the House, declared 
to be entitled to his seat, by a very de- 
cided majority of an anti-Democratic 
House. In this state of things the 
Presidential election of the fall of 1856 
took place. The Democratic party in 
the House organized themselves upon 
the principle of adhering to the terri- 
torial policy of 1850, as carried out in 
the legislation of 1854. 

The General Nominating Convention 
of this party met at Cincinnati on the 2d 
day of June, and presented the name of 



James Buchanan, of Pennsylvania, as 
their candidate for the Presidency, and 
that of John C. Breckinridge, of Ken- 
tucky, as their candidate for the Vice- 
Presidency. 

After repeating their pledge to adhere 
to the adjustment of the questions of 
slavery as made in 1850, they declared 
their distinct approval of the legislation 
of Congress of 1854, in carrying out 
the territorial policy thereby established. 

All the elements of the Anti-Slavery 
party met in Convention at Philadelphia 
on the 17th of June, and organized for 
the first time under the popular name of 
"Republicans." They put in nomina- 
tion for the Presidency, John C. Fre- 
mont, of California; and for the Vice- 
Presidency, William L. Dayton, of New 
Jersey. In their platform they pro- 
claimed it to be "both the right and the 
duty of Congress to prohibit in the Ter- 
ritories those twin relics of barbarism — 
Polygamy and Slavery." 

The "American Party," so called, had 
previously held their Convention at 
Philadelphia, and nominated for the 
Presidency, Mr. Fillmore; and for the 
Vice-Presidency, Andrew J. Donelsmi. 
of Tennessee. 

The chief feature in their platform 
was opposition to what was called "Alien 
Suffrage." They affirmed the principles- 
of the adjustment measures of 1850. 
Thus were presented the prominent issues 
in the canvass. The result was the elec- 
tion of Mr. Buchanan and Mr. Breckin- 
ridge. The vote by the colleges was: 
174 electoral votes for Buchanan and 
Breckinridge; 114 for Fremont and 
Dayton; and 8 for Fillmore and Donel- 
son. The vote by States was: 19 fo.' 
the Democratic ticket; 1 1 for the Repub- 
lican, and 1 for the American. The 
nineteen States that voted for Mr. Bu- 



THE ADMINISTRATION OF BUCHANAN. 



S47 



chanan were: New Jersey, Pennsylvania, 
Delaware, Virginia, North Carolina, 
South Carolina, Georgia, Kentucky, Ten- 
nessee, Louisiana, Mississippi, Indiana, 
Illinois, Alabama, Missouri, Arkansas, 
Florida, Texas, and California. The 
eleven that voted for Fremont were : 
Maine, New Hampshire, Massachusetts, 
Rhode Island, Connecticut, Vermont, 
New York, Ohio, Michigan, Iowa, and 
Wisconsin. The one that voted for Mr. 
Fillmore was Maryland. To the Thirty- 
fifth Congress a very large Democratic 
majority was returned. This was not 
only a very emphatic popular re-in- 
dorsement of the territorial policy es- 
tablished in 1850, but a like popular 
approval of the legislation of 1854, 
carrying it out. 

The last session of the Thirty-fourth 
Congress, which met the 1st of Decem- 
ber, 1856, was distinguished for two 
measures. One was a further reduction 
of the tariff, on the principle of opposi- 
tion to prohibitory protective duties but 
for all necessary revenues, with discrimin- 
ations allowing incidental protection to 
home industries, which was approved on 
the 3d of March, 1857, and is known as 
the "Tariff of 1857." A fact worthy of 
note connected with it is, that every 
Senator and member from the States of 
South Carolina and Massachusetts united 
in its support. The other was an act of 
Congress authorizing ihe people of Kan- 
sas to organize a State Constitution, 
preparatory to admission into the Union. 
This act was exceedingly well guarded 
in its provisions for a full and fair ex- 
pression of the popular will. After the 
expiration of his term of office, on the 
4th of March, 1857, General Pierce re- 
tired to his home in Concord, New 
Hampshire, with the confidence and es- 



friends of the Union under the Consti- 
tution in all sections of the country. 

CHAPTER XXVI. 

ADMINISTRATION OF BUCHANAN. 
(4th March, 1857 — 4th November, i860.) 

The inaugural — The new cabinet — The troubles in 
Utah and Kansas — The Mormons — Colonel Albert 
Sidney Johnston's expedition against them — Su- 
preme court decision in the Dred-Scott case — 
Against the constitutionality of territorial restric- 
tion of slavery by Congress — The old Missouri line 
null and void from the beginning — Denunciations 
against the chief-justice by agitators for the deci- 
sion — Affairs in Kansas — Commission of Robert J. 
Walker — Lecompton constitution tolerating slavery 
— Excitement in both Houses of Congress — Dis- 
agreement upon the admission of Kansas — Com- 
mittee of conference — Matter adjusted — Minnesota 
admitted — Mormon war ended— The submarine 
telegraph — Messages across tbe Atlantic — The 
great comet of 1858 — Oregon admitted — Death of 
Washington Irving — John Brown's raid in Virginia 
— His seizure of Harper's Ferry — Arrested, tried, 
and executed — Thirty-sixth Congress meets De- 
cember, 1859 — Sectional agitation intense — Mr. 
Davis' resolutions in the Senate — Passed by over- 
whelming majorities — Presidential election of i860 
— Candidates and result of election — Abraham 
Lincoln constitutionally chosen — Excitement in 
the Southern States — Conventions called. 

AMES BUCHANAN, of Penn- 
sylvania, the fifteenth President 
of the United States, was inau- 
gurated on the 4th of March, 
1857, in the 66th year of his 
The oath of office was adminis- 
tered by Chief-Justice Taney. His inau- 
gural was conciliatory, and approbatorv 
of the principles of the Kansas and Ne- 
braska bill upon which he had been 
elected. These were, in his opinion, as 
declared in his letter accepting his nomi- 
nation, founded upon principles as an- 
cient as free government itself. 

The new cabinet consisted of Lewis 




age. 



ix-en> of a large majority of the true J Cass, of Michigan, Secretary of State; 



54<S 



HISTORY OF THE UNITED STATES. 



P.onK II., C. 26 



Howell Cobb, of Georgia, Secretary of l Mormons. This sect, known as Mor- 
the Treasury; John B. Floyd, of Vir- nions, or Latter-Day Saints, tolerating a 
ginia, Secretary of War; Isaac Toucey, ; plurality of wives, arose some time be- 
of Connecticut, Secretary of the Navy; fore. Joseph Smith was the founder. 
Jacob Thompson, of Mississippi, Secre- He was born in 1805, in Vermont, of 
tary of the Interior; Aaron V. Brown, 1 humble origin. He removed with his 
of Tennessee, Postmaster-General ; and ' father when quite a boy to the neighbor- 







PRESIDENT BUCHANAN. 



Jeremiah S. Black, 
Attorney-General. 



of Pennsylvania, I hood of Palmyra, New York. The 
The two leading ; family was of that thriftless class who 
subjects which immediately engaged the made a livelihood by hunting, trapping, 
attention of the new administration were well-digging, and peddling cakes and 
the state of affairs in Utah on the one beer. He pretended to have received 
hand, and Kansas on the other. his call as a "prophet" in 1323, by a 

The trouble in Utah was with the new Divine revelation. The revelation 






THE ADMINISTRATION OF BUCHANAN. 



549 



was made to Mormon, a former prophet, 
and it was called the book of Mormon; 
and hence the name of the sect. But it 
was not till 1830 that Mormonism began 
to take shape as a distinct sect. A con- 
siderable number of accessions was soon 
made to its ranks. At Kirtland, Ohio, 
and Independence, Missouri, settlements 
were established. But public opinion 
soon drove them from Missouri and 
Ohio. They migrated to Illinois in 
1839, and built the city of Nauvoo on 
the banks of the Mississippi ; and at 
once began the erection of the splendid 
temple of Mormon. The city sprang 
into existence as if by the wand of the 
magician. Within the space of two 
years, 2,000 houses were constructed. 
After a short while ill-feeling was en- 
gendered betwixt them and the people 
of the neighborhood, which threatened 
to result in a conflict of arms. On this 
perturbed state of things, Smith himself 
was apprehended, lodged in jail, and 
while there killed by a mob in June, 
1844. This act of lawlessness, so far 
from crushing the spirit, tended rather 
to stimulate the zeal of his followers. 
Brigham Young an uncultured man of 
tact, and nerve, and real administrative 
ability, was Smith's successor. Young 
soon foresaw that the Mormons and 
Gentiles (as those not belonging to the 
sect were termed) could not get on to- 
gether in peace at Nauvoo, and conceived 
the purpose of abandoning that section 
of the country and removing his people- 
to the region of the Rocky mountains. 
In due time he announced that he had 
received Divine instructions to that effect. 
The movement was begun in February, 
1846. "The Disciples" turned their 
backs upon the city they had built, said 
to have contained at the time fifteen 
thousand inhabitants ; and after a weari- 



some, hazardous pilgrimage, finally 
reached Salt Lake, July 24th, 1847. 
Distressing- mortalitv marked their 



^)K 



?• 

1 



ft 

n 



UJ 



d» 



V 

perilous journey across the plains. Death 
almost decimated their numbers. The 



3ac 1 

> ! 



55o 



HISTORY OF THE UNITED STATES. 



i>>'<* ii., c n 



government of the United States gener- 
ously came to their aid, by furnishing 



Apaches and Mexicans. They elected 
to remain; and early in 1849 formed a 



them an escort to their destination.* State government of their own. They 

When by the treaty of Guadaloupe- called it the " State of Deseret." Con- 
Hidalgo in 1848, Utah became a part of | gress ignored their action by the 



& 




DEATH OF JOSEPH SMITH, THE FOUNDER OF THK MORMON SECT. 

the Territory of the United States, the I legislation of 1850, and created a ier- 
question arose with them whether they ritorial government for Utah in Sep- 



should remain where they were, or 
migrate southwestward among the 



♦See Life of A. S. Johnston, p. 198. 



tember of that year, as we have seen. 
Brigham Young was appointed gov- 
ernor. He took the oath of office in 



THE ADMINISTRATION OF BUCHANAN. 



551 



February, 185 1. President Fillmore 
-made the appointment by the recom- 
mendation of Colonel Thomas L. Kane, 
brother to the famous Arctic explorer. 

Two of the judges appointed were not 
of the Mormon sect; of the remaining 
officers, one Judge, the District- Attorney, 
and the Marshal, were Mormons. Har- 
mony did not exist in the administration. 
A rupture soon took place between Judge 
.Brocchus, the District Judge, not of the 
sect, and Brigham Young, Governor. 



and put the government of the Territory 
entirely in the hands of Gentiles so 
called. Alfred Cumming, of Georgia, 
was appointed Governor; D. R. Eckles, 
Chief-Justice; John Cradlebaugh ami 
Charles E. Sinclair, Associate-Justices; 
John Hartnett, Secretary, and Peter K. 
Dotson, Marshal. 

Brigadier-General Harney, with a de- 
tachment of United States troops, was 
ordered to escort the Federal appointees 
and act as a posse comitatus in enforcing 




THE MORMON HAND-CART COMPANY CROSSING THE PLAINS. 

the laws. The forces placed under hi; 



Judge Brocchus and his associate non- 
Mormon Judge soon resigned their com- 
missions, and returned to the States. 
Their successors, after short experience, 
imitated their example — thus leaving the 
affairs of the Territory exclusively under 
Mormon control. 

This was the condition of affairs when 
Buchanan assumed the duties of the 
executive chair; he at once determined 
to remove Brinham Youncf from office 



command were the Fifth and Tenth 
Regiments of Infantry, the Second Regi- 
ment of Dragoons, Phelps's Light Artil- 
lery, and Reno's Battery. The Second 
Dragoons were detained in Kansas on 
account of the troubled state of affairs 
existing there, and General Harney 
placed in command of that department ; 
thus his brief connection with the ex- 
pedition ended. Colonel Albert Sidney 



55^ 



HISTORY OF THE UNITED STATES. 



Book II., c 21 



Johnston was appointed to the command 
in his stead. He set out with his expe- 
dition early in the summer of 1 8 5 7 . 

Questions connected with the Kansas 
troubles (the other matter that was press- 
ing on the consideration of the adminis- 
tration) assumed a new aspect. A few 
days after the inauguration of the new 
President, the Supreme Court of the 
United States had, in a case before it, 
given a judicial decision upon the con- 



highest judicial tribunal of the country, 
thus pronounced upon the long vexed 
question, so far from quieting the agita- 
tors, only tended to arouse and inflame 
them. The strongest terms of abuse and 
vituperation were by them hurled against 
the court, and especially against the 
accomplished and venerable Chief-Justice 
Taney, by whom the judgment had been 
delivered. Every effort was now made 
bv them to brine on a conflict of arms 




stitutionality of "the old Missouri Re- 
striction," which embraced the Territory 
of Kansas. This Court held that Con- 
gress had no power to prohibit slavery 
in any of the Territories of the Union ; 
and that the restriction incorporated in 
the Missouri Act of 1820, whether as a 
compromise or not, was utterly inopera- 
tive and void from the beginning. This 
judgment was rendered in the famous 
* Dred-Scott " case. The decision of the 



in Kansas; while the Legislatures of 
Northern States were goaded to further 
acts of nullification of the fugitive slave 
law. The plan of operations in Kansas 
adopted by them was to take no part in 
the. organization of a State government 
under the late act of Congress; but to form 
a separate " Free State Constitution," as 
they called it. The policy of the admin- 
istration in this state of things in that 
quarter was harmony; and Mr. Robert 



THE ADMINISTRATION OF BUCHANAN. 



553 



J. Walker, a statesman of great emi- 
?ience, who was in sentiment opposed 
to slavery, was sent as a special agent to 
persuade and induce the Abolitionists in 
Kansas to desist from their factious 



should be ratified by a majority of the 
popular vote of the Territory before it 
would be submitted to Congress. This 
also, so far from conciliating, only ren- 
dered the agitators more desperate. They 




l'OKTRAITS OF LEADING MORMONS. 



course, and to unite with all parties in 
the formation of a State Constitution 



took no part in the formation of a Con- 
stitution under the act of Congress, nor 



under the act of Congress; assuring | any part in the vote on its ratification, 
them that the Constitution so formed i when it was submitted to all the lesral 






554 



HISTORY OF THE LXllED STATES. 



Book II., c. 20 



voters of the Territory for adoption or 
rejection. 

The result was, the formation and rat- 
ification, by a popular vote, of a Consti- 
tution tolerating slavery. Under this 
Constitution, so made, the people of 
Kansas applied for admission into the 
Union at the first session of the Thirty- 
fifth Congress, which assembled on the 
7th day of December, 1857. On this 
application, the scenes in the halls of 
Congress were more exciting, perhaps, 
than they had ever been before. A bill 
to admit the State under the Constitu- 
tion, known as the " Lecompton Consti- 
tution," regularly formed under the law 
tolerating slavery, passed the Senate by 
a majority of eight on the 23d of March, 
1858. In the House a substitute was 
adopted in lieu of the Senate bill, on the 
30th day of April, by a majority of nine. 
Both Houses adhering to their previous 
votes, a committee of conference was 
finally raised. They reported a new bill 
for the admission of Kansas under con- 
ditional terms as to boundary and public 
domain, first to be approved by them. 
The report of the conference committee 
was agreed to by both Houses ; and 
thus the Kansas controversy was ended 
at that time. No serious difficulty arose 
in the Territory afterwards. 

It was on the admission of Kansas 
under the Lecompton Constitution that 
a disastrous split took place in the Dem- 
ocratic party. Notwithstanding the in- 
tense anti-slavery agitation at the pre- 
ceding elections, this party had a large 
majority, both in the House and Senate, 
at this time. The causes and reasons of 
the division which now occurred would 
require too much space to be set forth 
here in detail. It must suffice to say, 
that it was founded upon no practically 
essential principle, and might easily have 



been healed if considerations of public 
interests had prevailed over those of a 
personal character. 

On the nth of May, 1858, the people 
of Minnesota were admitted as a separate 
State into the Union 




COAT OF ARMS OF MINNESOTA. 

Soon after this, the "Mormon war," 
as it was called, was brought to a close, 
under the auspices of Colonel Johnston, 
and peace and order again prevailed in 
Utah. 

The iCth day of August, 1858, is 
notable for an important event in the 
annals of the world. This was the suc- 
cessful accomplishment of the submarine 
electro-telegraphic enterprise, bringing 
the people of the Eastern and Western 
hemispheres into instant communication 
with each other. It was on this day 
salutations between Queen Victoria and 
President Buchanan were sent among 
the first messages over the wires. 

This month also is notable for the ap- 
pearance of one of the largest and most 
magnificent comets of which we have 
any account. When its nucleus was 
near the horizon, its brilliant train 
stretched to the mid-heavens. 

The second session of the Thirty-fifth 
Congress was as distinguished for its 
quiet as the first had been for its excite- 
ment. 

Various efforts were made to effect a 
personal reconciliation between prom- 
inent leaders of the Democratic party, 
and to repair the breach that had been 
made, as before stated. These, however, 
failed. 



J HE ADMINISTRATION OF BUCHANAN. 



555 



The most important measure of this 
session was the admission of the people 
of Oregon as a separate State into the 
Union. It was consummated on the 
14th of February, 1859. 




•J3L52- 

COAT OF ARMS OF OREGON. 

Two notable events of this year should 
not escape special mention. They are, 
however, of a very different character. 
One was the death of the great American 
writer and author, Washington Irving, 
who may be considered as the father of 
American literature. He was bred a 
lawyer, but his tastes and aptitudes led 
him into other fields for the acquisition 
of both fame and wealth. He com- 
menced writing for the press at the early 
age of nineteen. His first sketches were 
under the nom de plume of Jonathan Old- 
style, then came his " Knickerbocker's 
History of New York ; " but it was the 
" Sketch Book " which " laid the foun- 
dation of the fortune, and the permanent 
fame of Irving ; the legends of ' Sleepy 
Hollow ' and ' Rip Van Winkle ' at 
once took rank as modern classics, while 
the pictures of English life and customs 
were so genial, artistic, and withal so 
faithful, that they fairly took the reading 
world by storm." This work was brought 
out in England in good style by the 
publisher, Murray, in 1820, upon the 
recommendation of Sir Walter Scott. A 
writer in " Johnson's Cyclopaedia " says, 
that after this publication, " a new phe- 
nomenon had appeared in the world of 
letters — the first American author had 
gained an honorable name in Albemarle 
street and Paternoster Row. Hence- 



forth the path of Irving was smooth, and 
his subsequent writings appeared with 
rapidity." This great author was born 
in New York city, 3d of April, 1783, 
and died at his residence, Sunnyside, 
Tarrytown, on the Hudson, on the 28th 
of November, 1859, in the 77th year of 
his age. The house in which he lived 
is a quaint old edifice. It has become 
one of the shrines of American pilgrim- 
age. 

The other notable event of this year 
which made a deep impression on the 




WASHINGTON IRVING. 

popular mind, North and South, and 
which was attended with political re- 
sults of the greatest importance, was the 
raid of the celebrated John Brown upon 
Harper's Ferry. This occurred on the 
17th of October, 1859. 

Instigated by the agitators, and with 
moneys furnished by them, he raised 
arms and men, and concealing his move- 
ments under cover of night, succeeded 
in seizing the United States arsenal there 
located. His design was, with this 



556 



HISTORY OF THE UNITED STATES. 



Book 11 _. 



stronghold in his possession, to stir up 
and carry on a general servile war from 
Virginia south. Though he succeeded 
in getting possession of the arsenal and 
armory, yet his other efforts utterly 
failed. None of the slaves of the vicin- 
ity joined him. His forces were soon 
routed. He was arrested, prosecuted 
for his crime, and hung under the laws 
of Virginia. 

This act greatly inflamed the Southern 
mind, especially as it was lauded by the 
official authorities of those Northern 
States which had refused to comply with 
their obligations under the Constitution 
in the matter of the rendition of fugi- 
tives from service. • 

It was in this state of things that the 
first session of the Thirty-sixth Congress 
convened on the 5th of December, 1859. 
The discussions between the agitators 
and the advocates of the maintenance 
of the Federal Union under the Consti- 
tution, with all its obligations and guar- 
antees, were fierce and bitter. Very 
little attention was given to any other 
subject of importance, either domestic 
or foreign. 

Southern Senators and members 
openly proclaimed that the nullification 
acts of the Northern States referred to 
were a palpable breach of the Constitu- 
tion; and in the language of Mr. Web- 
ster in 1S51, upon tins identical point, 
that "a bargain cannot be broken on 
one side, and still bind the other," they 
asserted the reserved sovereign rights of 
the States; and declared that if those 
States north which had proven them- 
selves faithless to the Federal compact 
should persist in their course, the States 
south would withdraw from the Union. 
At this session all considerations nearly 
were merged in the questions of slavery, 
the relations of the States of the Union 



towards each other under the Federal 
compact, and the approaching Presiden- 
tial election, which was to come off in 
the ensuing fall. 

Mr. Jefferson Davis, of Mississippi, 
submitted to the Senate on the 29th of 
February, 1859, a series of resolutions 
upon the agitating questions, which were 
in the following words: 

" 1. Resolved, That in the adoption of 
the Federal Constitution, the States 
adopting the same acted severally as 
free and independent sovereignties, dele- 
gating a portion of their powers, to be 
exercised by the Federal government 
for the increased security of each against 
dangers, domestic as well as foreign ; 
and that any intermeddling by any one 
or more States, or by a combination of 
their citizens, with the domestic institu- 
tions of the others on any pretext what- 
ever, political, moral or religious, with a 
view to their disturbance or subversion,, 
is in violation of the Constitution, insult- 
ing to the States so interfered with, en- 
dangers their domestic peace and tran- 
quillity, objects for which the Constitu- 
tion was formed — and, by necessary con- 
sequence, tends to weaken and destroy 
the Union itself. 

" 2. Resolved, That negro slavery, as it 
exists in fifteen States of this Union, 
composes an important portion of their 
domestic institutions, inherited from their 
ancestors, and existing at the adoption 
of the Constitution, by which it is recog- 
nized as constituting an important ele- 
ment in the apportionment of powers 
among the States, and that no change 
of opinion or feeling on the part of the 
non-slaveholding States of the Union, 
in relation to this institution, can justify 
them or their citizens in open or covert 
attacks thereon with a view to its over- 
throw; and that all such attacks are in 



THE ADMINISTRATION OF BUCHANAN. 



557 



manifest violation of the mutual and 
solemn pledge to protect and defend 
each other, given by the States respec- 
tively on entering into the constitutional 
compact which formed the Union, and 
are a manifest breach of faith, and a 
violation of the most solemn obligations. 

"3. Resolved, That the Union of these 
States rests on the equality of rights 
and privileges among its members; and 
that it is especially the duty of the 
Senate, which represents the States in 
their sovereign capacity, to resist all 
attempts to discriminate, either in rela- 
tion to persons or property in the Terri- 
tories, which are the common posses- 
sions of the United States, so as to give 
advantages to the citizens of one State 
which are not equally assured to those 
of every other State. 

"4. Resolved, That neither Congress 
nor a territorial legislature, whether by 
direct legislation or legislation of an in- 
direct and unfriendly character, possesses 
power to annul or impair the constitu- 
tional right of any citizen of the United 
States to take his slave property into 
the common Territories, and there hold 
and enjoy the same while the territorial 
condition remains. 

"5. Resolved, That if experience should 
at any time prove that the judicial and 
executive authority do not possess means 
to insure adequate protection to consti- 
tutional rights in a Territory, and if the 
•territorial government should fail or 
refuse to provide the necessary remedies 
for that purpose, it will be the duty of 
Congress to supply such deficiency. 

"6. Resolved, That the inhabitants of a 
Territory of the United States, when 
they rightfully form a Constitution to be 
admitted, as a State, into the Union, may 
then for the first time, like the people 
of a State, when forming a new Consti- 



tution, decide for themselves whether 
slavery as a domestic institution shall 
be maintained or prohibited within their 
jurisdiction; and they shall be admitted 
into the Union with or without slavery 
as their Constitution may prescribe at 
the time of their admission. 

" 7. Resolved, That the provision of the 
Constitution for the rendition of fugitives 
from service of labor, without the adop- 
tion of which the Union could not have 
been formed, and the laws of 1793 and 
1850, which were enacted to secure its 
execution, and the main features of 
which, being similar, bear the impress 
of nearly seventy years of sanction by 
the highest judicial authority, should be 
honestly and faithfully observed and 
maintained, by all who enjoy the bene- 
fits of our compact of Union, and that 
all acts of individuals or of State legisla- 
tures to defeat the purpose or nullify 
the requirements of that provision, and 
the laws made in pursuance of it, are 
hostile in character, subversive of the 
Constitution, and revolutionary in their 
effect." 

These resolutions passed the Senate 
by large majorities; upon the first, the 
vote was 36 in favor, and 19 against it — 
they were 2 to I on the per capita vote. 
When viewed in relation to the States, it 
was equally decisive: 19 States voted for 
it, with only 10 against, while 2 were 
divided, and 2 did not vote. The States 
that voted for it were; Alabama, Arkan- 
sas, California, Florida, Georgia, Indiana, 
Kentucky, Louisiana, Missouri, Missis- 
sippi, Minnesota, Maryland, North Caro- 
lina, Oregon, Pennsylvania, South Caro- 
lina, Texas, Tennessee, and Virginia — 19. 
The States that voted against it were: 
Connecticut, Iowa, Maine, Massachu- 
setts, Michigan, New York, New Hamp- 
shire, Rhode Island, Vermont, and Wis- 



558 

consin — 10. The States that were di- 
vided were Ohi > and New Jersey — 2. 
Those not voting were Delaware and 
Illinois — 2. 

Had the two absent States, Delaware 
and Illinois, been present, the vote would 
have been 20 for it, and io against it, 
with 3 divided. For Douglas, of Illi- 
nois, would have voted for it, and Trum- 
bull, his colleague, would have voted 
against it. 



HISTORY OF THE UNITED STATES. 



Hook II , c.26 



divided among themselves as they were 
at this time. They ran three tickets in- 
stead of one; this was occasioned by 
the disastrous rupture of the Democratic 
party at their nominating Convention at 
Charleston, South Carolina, in April, 1 86o. 
One wing of the Democratic part}- put 
in nomination Stephen A. Douglas, of 
Illinois, for the Presidency, and Her- 
schel V. Johnson, of Georgia, for the 
Vice-Presidency. 




EDWARD EVERETT. 



The vote on the 7th resolution, per 
capita, was, yeas, 36, and nays but 6; by 
States the vote on this resolution was: 
20 for it, and only 4 against it, with 8 
not voting.* 

On the subjects of the Presidential 
election, most unfortunately for the 
country, the friends of the Union under 
the Constitution were never before so 

* See Journal of the Senate. 



Another wing of the same party put 
in nomination John C. Breckinridge, of 
Kentucky, for the Presidency, and Gen- 
eral Joseph Lane, of Oregon, for the 
Vice-Presidency. 

That portion of conservatives known 
as the American party put in nomina- 
tion for the Presidency, John Bell, of 
Tennessee, and for the Vice-Presidency, 
Edward Everett, of Massachusetts; while 



THE ADMINISTRATION OF BUCHANAN. 



559 



the agitators in the main rallied in mass 
and with enthusiasm under the banner 
of the " Republicans," as the party of 
the agitators then styled themselves, 
who had put in nomination Abraham 
Lincoln, of Illinois, and for the Vice- 
Presidency, Hannibal Hamlin, of Maine. 
The result was the election of the Re- 
publican ticket. The electoral vote by 
the colleger stood: 180 for Lincoln and 
Hamlin; 72 for Breckinridge and Lane; 
39 for Bell and Everett; and 12 for 
Douglas and Johnson. By a plurality 
count of the popular vote, Mr. Lincoln 
carried 18 States; Mr. Breckinridge, 11 ; 
Mr. Bell, 3; and Mr. Douglas but 1. 

The eighteen States carried by Mr. 
Lincoln were all north of what is known 
as " Mason and Dixon's line; " the elec- 
tion therefore was entirely sectional. 
The popular vote cast for him in the 
aggregate amounted to 1,857,610; while 
the aggregate vote cast against him 
(divided between the three other candi- 
dates) amounted to 2,804,560. This 
shows how differently the result might 
have been if the opponents of the schemes 
of the agitators had united upon one 
ticket. As it was, Mr. Douglas carried 
but one State on the plurality count, 
though of the aggregate popular vote 
he carried 1,365,976. The eighteen 
States that voted for Mr. Lincoln, under 
the plurality count of the popular vote, 
were: Maine, New Hampshire, Massa- 
chusetts, Rhode Island, Connecticut, 
Vermont, New York, New Jersey, Penn- 
sylvania, Ohio, Indiana, Illinois, Michi- 
gan, Iowa, Wisconsin, California, Minne- 
sota, and Oregon. The eleven that 
voted for Mr. Breckinridge were : Dela- 
ware, Maryland, North Carolina, South 
Carolina, Georgia, Louisiana, Mississippi, 
Alabama, Arkansas, Florida, and Texas. 
The three that so voted for Mr. Bell 



were : Virginia, Kentucky, and Tennes- 
see ; and the one that so voted for Mr.. 
Douglas was Missouri. Mr. Lincoln 
did not receive the majority of the popu- 
lar vote in but sixteen of the thirty-three 
States then constituting the Union; so he 
had been constitutionally elected, without 
having received a majority of the popular 
vote of the States or of the people. Most 
of the public men in the Southern States 
looked upon this election as an expression 
of a declared purpose on the part of the 
States North referred to, under the con- 
trol of the agitators, to continue their 
breach of faith in the matter of the ren- 
dition of fugitives from service, and as 
indicating such a tendency to a general 
centralization of the government as ren- 
dered a longer continuance in the Fed- 
eral Union perilous to their rights, 
security and safety.* 

When the result of the election was 
known, the people generally of the 
Southern States, without respect to past 
party associations, were thrown into the 
most intense state of excitement. Con- 
ventions were called in several of them, 
to take action as to their future safety. 
But of these we will speak in the next 
chapter. 

CHAPTER XXVII. 
Buchanan's administration — Continued. 

(4th November, 1S60 — 4th February, 1S61.) 

South Carolina passes ordinance of secession — Its. 
language, and reasons assigned for it — Breach of 
faith on the part of thirteen Northern States, in the 
matter of the rendition of fugitives from service — 
Refusal of the State of Ohio and Iowa to return 
fugitives from justice — In the matter of the John 
Brown raid — The meeting of the second s<*^,, in 
of the Thirty-sixth Congress, December, i860 — 
Conciliatory message of the President — While he 
denied the right of the State to secede, he also de- 
nied the power of Congress, under the Constitu- 

* See Appendix L. 



560 



HISTORY OF THE UNITED STATES. 



Book II., c. 27 




tion, to coerce the withdrawing State — Pro] 
of Mr. Criitenden for compromise by constitutional 
amendment — This meets with no favor from the 
agitators — Telegram of Mr. Davis, Toombs, and 
others to the people of the Southern States, advis- 
ing secession — Speech of Mr. Toombs in the Sen- 
ate, 7 1 h January, 1S61. 

g> OUTH CAROLINA no longer 
waited for the co-operation of 
her sister Southern States ; she 
took the lead in the call of sep- 
arate State conventions, and on 
the 20th day of December, i860, her 
convention being in session, passed the 
ordinance of secession. It was styled, 

"An ordinance to dissolve the Union 
between the State of South Carolina and 
other States united with her under the 
compact entitled ' The Constitution of 
the United States of America;'" and 
declared: "That the ordinance adopted 
by us in convention, on the 23d day of 
May, in the year of our Lord 1788, 
whereby the Constitution of the United 
States of America was ratified, and also 
all acts and parts of acts of the General 
Assembly of this State, ratifying amend- 
ments of the said Constitution, are hereby 
repealed ; and that the Union now sub- 
sisting between South Carolina and 
other States, under the name of the 
United States of America, is hereby dis- 
solved." 

The ordinance was based expressly on 
the grounds that " the States of Maine, 
New Hampshire, Vermont, Massachu- 
setts, Connecticut, Rhode Island, New 
York, Pennsylvania, Illinois, Indiana, 
Michigan, Wisconsin, and Iowa" (all of 
which had voted for Mr. Lincoln) had 
enacted laws which either nullified the 
acts of Congress for the rendition of 
fugitives from service, or rendered use- 
less any attempt to execute them, and 
that Iowa and Ohio had refused to sur- 
render fugitives from justice charged 



with murder, and with inciting servile 
insurrection in the John Brown raid, as 
well as the danger to be apprehended 
from the centralizing doctrines and prin- 
ciples of the party soon to come into 
power in the executive department of 
the Federal government. 

It is proper to note that in the mean- 
time the second session of the Thirty- 
sixth Congress had assembled. Mr. 
Buchanan in his message made special 
reference to the alarming condition of 
the country. While he maintained in 
strong terms that no State could right- 
fully withdraw from the Union, yet he 
held that there was no power in Con- 
gress to coerce any one of them, which 
might do so. He urged, therefore, con- 
cession and conciliation. 

Mr. Crittenden in the Senate, at an 
early day in the session, again brought 
up and presented as the basis of the 
settlement the famous Missouri compro- 
mise line of 36 30' north latitude, as a 
division of the public domain ; and as the 
Supreme Court had decided that slavery 
could not be prohibited in any of the 
Territories by act of Congress, he pre- 
sented his proposition of compromise in 
the form of a constitutional amendment. 
Great numbers of petitions from the 
North were sent in almost daily in favor 
of the adoption of his proposition, as a 
final settlement and adjustment of the 
sectional question. Mr. Davis, Mr. 
Toombs, and the extremest Southern 
senators, with Mr. Douglas and all the 
Northern conservative senators, were 
openly in favor of this compromise for 
future peace and harmony. But when it 
was ascertained that not a single one of 
the Northern agitators, or a single one 
of the party who had voted for Lincoln, 
would agree to support and stand by the 
proposed settlement, Mr. Daris, Mr. 



THE ADMINISTRATION OF BUCHANAN. 



5 6l 



Toombs, and nearly all the other 
Southern Senators, united in a telegram 
to the people of the Southern States, that 
their only safety lay in withdrawing from 
the Union. 

Such was the state of things at Wash- 
ington. Excitement was at the highest 
pitch in both Houses of Congress. On 
the 7th of January, more than two weeks 
after South Carolina had passed her ordi- 
nance of secession, Mr. Toombs made a 
speech in the Senate, which deserves to 
be perpetuated. In the history of this 
country, it deserves a place side by side 
of that of Pericles, in exposition of the 
causes of the Peloponnesian war in 
Greece. In speaking of the action of the 
people of South Carolina and the Seces- 
sionists of the South generally, in this 
assemblage of the ambassadors of the 
States, he said : 

" Inasmuch, sir, as I have labored 
earnestly, honestly, sincerely, with these 
men to avert this necessity, so long as I 
deemed it possible, and inasmuch as I 
heartily approve their present conduct 
of resistance, I deem it my duty to state 
their case to the Senate, to the country, 
and to the civilized world. 

" Senators, my countrymen have de- 
manded no new government ; they have 
demanded no new Constitution. Look 
to their records at home, and here, from 
the beginning of this strife until its con- 
summation in the disruption of the 
Union, and they have not demanded a 
single thing except that you shall abide 
by the Constitution of the United States ; 
that constitutional rights shall be re- 
spected, and that justice shall be done. 
Sirs, they have stood by your Constitu- 
tion ; they have stood by all its require- 
ments ; they have performed all of its 
duties unselfishly, uncalculatingly, disin- 
terestedly, until a party sprang up in this 
36 



country which endangered their social 
system — a party which they arraign, and 
which they charge before the American 
people and all mankind with having 
made proclamation of outlawry against 
thousands of millions of their property 
in the Territories of the United States, 
with having aided and abetted insur- 
rection from within and invasion from 
without, with the view of subverting their 
institutions, and desolating their homes 
and their firesides. I shall proceed to 
vindicate the justice of their demands, 
the patriotism of their conduct. I will 
show the injustice which they suffer, and 
the rightfulness of their resistance. 

" The discontented States of this Union 
have demanded nothing but clear, dis- 
tinct, unequivocal, well-acknowledged 
constitutional rights — rights affirmed by 
the highest judicial tribunals of their 
country ; rights older than the Constitu- 
tion ; rights which are planted upon the 
immutable principles of natural justice; 
rights which have been affirmed by the 
good and the wise of all countries and 
of all centuries. We demand no power 
to injure any man. We demand no right 
to injure our Confederate States. We 
demand no right to interfere with their 
institutions, either by word or deed. We 
have no right to disturb their peace, their 
tranquillity, their security. We have de- 
manded of them simply, solely — nothing 
else — to give u? equality, security, and 
tranquillity. Give us these and peace 
restores itself. 

" I will now read my own demands, 
acting under my own convictions. They 
are considered the demands of an ex- 
tremist. I believe this is the appellation 
these traitors employ. I accept their 
reproach rather than their principles. 
Accepting their designation of treason 
and rebellion, there stands before them 



562 



HISTORY Or THE UNITED STATES. 



Book II., c. 27 



as good a traitor and as good a rebel as ' 
ever descended from revolutionary loins. 
What do these rebels demand ? 

" First. ' That the people of the United 
States shall have an equal right to emigrate 
and settle in the present, or any future 
acquired Territories, with whatever prop- 
erty they may possess (including slaves), 
and be securely protected in its peaceable 
enjoyment until such Territory may be 
admitted as a State into the Union, with 
or without slavery, as she may determine, 
on an equality with all existing States ! 
That is our territorial demand. We have 
fought for this Territory, when blood was 
its price. We have paid for it, when 
gold was its price. We have not pro- 
posed to exclude you, though you have 
contributed very little of either blood or 
money. I refer especially to New Eng- 
land. We demand only to go into those 
Territories upon terms of equality with 
you, as equals in this great confederacy, 
to enjoy the common property of the 
whole Union, and receive the protection 
of the common government until the 
Territory is capable of coming into the 
Union as a sovereign State, when it may 
fix its own institutions to suit itself. 

"The second proposition is: 'that 
property in slaves shall be entitled to 
the same protection from the govern- 
ment of the United States, in all of its 
departments everywhere, which the Con- 
stitution confers the power upon it to 
extend to any other property, provided 
nothing herein contained shall be con- 
strued to limit or restrain the right now 
belonging to every State to prohibit, 
abolish, or establish and protect slavery 
within its limits.' We demand of the 
common government to use its granted 
powers to protect our property as well 
as yours. Ought it not to do so? You 
say no. Every one of you upon the 



committee said no. Your Senators say 
no. Your House of Representatives 
say no. Throughout the length and 
breadth of your conspiracy against the 
Constitution, there is but one shout of 
no! This recognition of this right is 
the price of my allegiance. Withhold 
it and you do not get my obedience. 

"W r e demand in the next place, 'that 
persons committing crimes against slave 
property in one State, and fleeing to an- 
other, shall be delivered up in the same 
manner as persons committing crimes 
against other property, and that the laws 
of the State from which such persons 
flee shall be the test of criminality.' 
That is another one of the demands of 
an extremist and rebel. The Constitu- 
tion of the United States, article IV., 
section 2, says: 'A person charged in 
any State with treason, felony, or other 
crime, who shall flee from justice, and 
be found in another State, shall, on 
demand of the executive authority of the 
State from which he fled, be delivered 
up, to be removed to the State having 
jurisdiction of the crime.' But some of 
the non-slaveholding States, treacherous 
to their oaths and compacts, have steadily 
refused, if the criminal only stole a 
negro, and that negro was a slave, to 
deliver him up. It was refused twice 
on the requisition of my own State, as 
long as twenty-two years ago. It was 
refused by Kent and Fairfield, Governors 
of Maine; and representing, I believe, 
each of the then Federal parties. We 
appealed to fraternity, but we submitted, 
and this constitutional right has been, 
practically, a dead letter from that day 
to this. # 

" The next case came up between us 
and the State of New York, when the 
present senior Senator (Mr. Seward) was 
the Governor of that State ; and he re- 



THE ADMINISTRATION OF BUCHANAN. 



563 



fused it. Why? He said it was not 
against the laws of New York to steal a 
negro, and therefore he would not com- 
ply with the demand. He made a simi- 
lar refusal to Virginia. Yet these are 
our confederates — these are our sister 
States. There is the bargain ; there is the 
compact. You have sworn to it. Both 
these governors swore to it. The Sena- 
tor from New York swore to it. The 
Governor of Ohio swore to it when he 
was inaugurated. You cannot bind 
them by oaths. Yet they talk to us of 
treason. It is natural we should want 
this provision of the Constitution carried 
out. By the text and letter of the Con- 
stitution, you agreed to give them up. 
You have sworn to do it, and you have 
broken your oaths! 

"The next stipulation is, that fugitive 
slaves shall be surrendered. Here is 
the Constitution: 'No person held to 
service or labor in one State, under the 
laws thereof, escaping into another, shall, 
in consequence of any law or regulation 
therein, be discharged from such service 
or labor, but shall be delivered up on 
claim' of the party to whom such service 
or labor may be due.' This language 
is plain, and everybody understood it 
the same way for the first forty years of 
our government. In 1793, in Washing- 
ton's time, an act was passed to carry 
out this provision. It was adopted 
unanimously in the Senate of the United 
States, and nearly so in the House of 
Representatives. Nobody, then, had 
invented pretexts to show that the Con- 
stitution did not mean a negro slave. 
It was clear, it was plain. Not only the 
Federal courts, but all the local, courts 
in all the States, decided that this was a 
constitutional obligation. 

" How is it now ? I have heretofore 
shown that this plain constitutional pro- 



vision has been violated by specific acts 
in thirteen of these States. 

" The next demand made on behalf of 
the South is, 'that Congress shall pass 
efficient laws for the punishment of all 
persons, in any of the States, who 
shall, in any manner, aid and abet 
invasion or insurrection in any other 
State, or commit any other act against 
the laws of nations tending to disturb 
the tranquillity of the people or govern- 
ment of any other State.' 

"That is a very plain principle. The 
Constitution of the United States now 
requires, and gives Congress express 
power, to define and punish piracies and 
felonies committed on the high seas, and 
offences against the laws of nations. 
When the honorable and distinguished 
Senator from Illinois (Mr. Douglas) 
last year introduced a bill for the pur- 
pose of punishing people thus offending 
under that clause of the Constitution, 
Mr. Lincoln in his speech at New York, 
which I have before me, declared that it 
was a 'sedition bill;' his press and party 
hooted at it. So far from recognizing 
the bill as intended to carry out the 
Constitution of the United States, it re- 
ceived their jeers and gibes. The Re- 
publicans of Massachusetts elected the 
admirer and eulogist of John Brown's 
courage, as their governor, and we may 
suppose he will throw no impediments 
in the way of John Brown's successors. 

" We demand these five propositions. 
Are they not right ? Are they not just ? 
Take them in detail, and show that they 
are not warranted by the Constitution, 
by the safety of our people, by the prin- 
ciples of eternal justice. We will pause, 
and consider them; but mark me, we 
will not let you decide the questions for us. 

" But we are told by well-meaning 
but simple-minded people that, admit 



564 



HISTORY OF THE UNITED STATES. 



Book II, c. 27 



your wrongs, your remedies are not 
justifiable. Senators, I have little care 
to dispute remedies with you, unless you 
propose to redress my wrongs. If you 
propose that in good faith, I will listen, 
with respectful deference; but when the 
objectors to my remedies propose no 
adequate ones of their own, I know 
what they mean by the objection. They 
mean submission. But still I will as 
yet argue it with them. 

"These thirteen Colonies originally 
had no bond of Union whatever — no 
more than Jamaica and Australia have 
to-day. They were wholly separate 
communities, independent of each other, 
and dependent on the crown of Great 
Britain. All the Union between them 
that was ever made is in writing. They 
made two written compacts. One was 
known as the Articles of Confederation, 
which declared that the Union thereby 
formed should be perpetual — an argu- 
ment very much relied upon by ' the 
friends of the Union,' now. Those Arti- 
cles of Confederation, in terms, declared 
that they should be perpetual. I believe 
that expression is used in our last treaty 
with Billy Bowlegs, the chief of the 
Seminoles. I know it is a phrase used 
in treaties with all nations, civilized and 
savage. Those that are not declared 
eternal are the exceptions; but usually, 
treaties profess to be for 'perpetual friend- 
ship and amity,' according to their terms. 
So was that treaty between the States. 
After a while, though the politicians said 
it did not work well, it carried us 
through the revolution. The difficulty 
was, that after the war there were troubles 
about the regulation of commerce, about 
navigation, but above all about financial 
matters. The government had no means 
of getting at the pockets of the people; 
and but for that one difficulty this present 



government would never have been 
made. The country is deluded with the 
nonsense that this bond of Union was 
cemented by the blood of brave men in 
the revolution. Sir, it is false. It never 
cost a drop of blood. A large portion 
of the best men of the revolution voted 
against it. It was carried in the Con- 
vention of Virginia by but ten majority, 
and among its opponents were Monroe 
and Henry, and other men who had 
fought the war, who recorded their 
judgment that it was not a good bond; 
and I am satisfied to-day that they were 
the wiser men. Some of the bravest, 
and the boldest, and the best men of the 
revolution, who fought from its beginning 
to its end, were opposed to the plan of 
Union. Are we to be deterred by the 
cry, that we are laying our unhallowed 
hands on this holy altar ? Sir, I have no 
hesitation in saying that a very large 
portion of the people of Georgia, whom 
I represent, prefer to remain in this 
Union, with their constitutional rights — 
I would say ninety per cent, of them — 
believing it to be a good government. 
I think it had but little to do with their 
prosperity beyond securing their peace 
with other nations, and that boon has 
been paid for at a price that no free man 
ought to submit to. These are my 
opinions; they have been announced to 
my constituents, and I announce them 
here. Had I lived in that day, I should 
have voted with the minority in Virginia, 
with Monroe, Henry, and the illustrious 
patriots who composed the seventy-nine 
votes (in the Virginia Convention) against 
the adoption of the present plan of gov- 
ernment. In my opinion, if they had 
prevailed, to-day the men of the South 
would have the greatest and most power- 
ful nation of the earth. Let this judg- 
ment stand for future ages. 






THE ADMINISTRATION OF BUCHANAN. 



565 



"Senators, the Constitution is a 'com- 
pact.' It contains all our obligations 
and duties of the Federal government. 
I am content, and have ever been con- 
tent to sustain it. While I doubt its 
perfection ; while I do not believe it was 
a good compact; and while I never saw 
the day that I would have voted for it as 
a proposition de novo ; I have given to it, 
and intend to give to it, unfaltering sup- 
port and allegiance; but I choose to put 
that allegiance on the true ground, not 
on the false idea that anybody's blood 
was shed for it. I say that the Consti- 
tution is the whole compact. All the 
obligations, all the chains that fetter the 
limbs of my people, are nominated in the 
bond, and they wisely excluded any con- 
clusion against them, by declaring that 
the powers not delegated by the Consti- 
tution to the United States or forbidden 
by it tothe States, belonged to the States 
respectively or the people. Now I will 
try it by that standard; I will subject it 
to that test. The law of nature, the law 
of justice would say — and it is so ex- 
pounded by the publicists — that equal 
rights in the common property shall be 
enjoyed. Even in a monarchy, the king 
cannot prevent the subjects from enjoy- 
ing equality in the disposition of the 
public property. Even in a despotic 
government this principle is recognized. 
It was the blood and the money of the 
whole people (says the learned Grotius, 
and say all the publicists) which acquired 
the public property, and therefore it is 
not the property of the sovereign. This 
right of equality being then, according 
to justice and natural equity, a right 
belonging to all States, when did we give 
it up ? You say Congress has a right to 
pass rules and regulations concerning 
the territory and other property of the 
United States. Very well. Does that 



exclude those whose blood and money 
paid for it ? Does ' dispose of ' mean to 
rob the rightful owners? 

"But you say, try the right. I agree. 
But how? By our judgment? No; 
not until the last resort. What then ? by 
yours? No; not until the same time. 
*How then try it? The South has always 
said by the Supreme Court. But that is 
in our favor, and Lincoln says he will 
not stand that judgment. Then each 
must judge for himself of the mode and 
manner of redress. But you deny us 
that privilege and finally reduce us to 
accepting your judgment. We decline 
it. You say you will 'enforce it by 
executing laws; that means your judg- 
ment of what the laws ought to be. The 
Senator from Kentucky comes to your 
aid, and says he can find no constitu- 
tional right of secession. Perhaps not; 
but the Constitution is not the place to 
look for State rights. If that right be- 
longs to independent States, and they did 
not cede it to the Federal government, 
it is reserved to the States or to the peo- 
ple. Ask your new commentator where 
he gets your right to judge for us. Is 
it in the bond ? 

"The Supreme Court has decided that 
by the Constitution we have a right to 
go to the Territories, and be protected 
there with our property. You say we 
cannot decide the compact for ourselves. 
Well, can the Supreme Court decide it 
for us ? Mr. Lincoln says he does not 
care what the Supreme Court decides, 
he will turn us out anyhow. He says 
this in his debate with the honorable 
Senator from Illinois (Mr. Douglas). I 
have it before me. He said he would 
vote against the decision of the Supreme 
Court. Then you do not accept that 
arbiter. You will not take my construc- 
tion; you will not take the Supreme 



HISTORY OF THE UNITED STATES. 



566 

Court as an arbiter; you will not take 
the practice of the government; you will 
not take the treaties under Jefferson and 
Madison; you will not take the opinion 
of Madison, upon the very question of 
prohibition in 1820. What, then, will 
you take? You will take nothing but 
your own judgment; that is, you will* 
not only judge for yourselves, not only 
discard the court, discard our construc- 
tion, discard the practice of the govern- 
ment, but you will drive us out simply 
because you will it. Your party says 
that you will not take the decision of the 
Supreme Court. You said so at Chicago ; 
you said so in committee; every man of 
you in both Houses says so. What arc 
you going to do? You say we shall 
submit to your construction. We shall 
do it, if you can make us; but not 
otherwise, or in any other manner. That 
is settled. 

"You have no warrant in the Consti- 
tution for this declaration of outlawry. 
The Court says you have no right to 
make it. The treaty says you shall not 
do it. The treaty of 1803 declares that 
the property of the people shall be pro- 
tected by the government, until they are 
admitted into the Union as a State. 
That treaty covers Kansas and Nebraska. 
The law passed in 1804, or 1805, under 
Mr. Jefferson, protects property in slaves 
in that very Territory. In 1820, when 
the question of prohibition came up, Mr. 
Madison declared it was not warranted 
by the Constitution, and Jefferson de- 
nounced its abettors as enemies of the 
human race. Here is the court ; here 
are our fathers; here is contemporaneous 
exposition for fifty years, all asserting 
our right. The Republican party says, 
' We care not for your precedents, or 
practices; we have progressive politics, 
as well as a progressive religion.' 



Book II., c. 27 



"But no matter what may be our 
grievances, the honorable Senator from 
Kentucky (Mr. Crittenden) says we 
cannot secede. Well, what oan we do ? 
We cannot revolutionize; he will say 
that is treason. What can we do? Sub- 
mit ? They say they are the strongest 
and they will hang us. Very well, I 
suppose we are to be thankful for that 
boon. We will take that risk. We will 
stand by the right; we will take the 
Constitution; we will defend it by the 
sword with the halter around our necks! 
Will that satisfy the honorable Senator 
from Kentucky? You cannot intimidate 
my constituents by talking to them about 
treason. They are ready to fight for the 
right with the rope around their necks ! 

"But although I insist upon this per- 
fect equality in the Territories, yet, when 
it was proposed, as I understand the 
Senator from Kentucky now proposes, 
that the line of 36 30' shall be extended, 
acknowledging and protecting our prop- 
erty on the south side of that line, for 
the sake of peace — permanent peace — I 
said to the committee of thirteen, and I 
say here, that with other satisfactory 
provisions I would accept it. 

" Yet, not only did your committee 
refuse that, but my distinguished friend 
from Mississippi (Mr. Davis) — another 
moderate gentleman like myself — pro- 
posed simply to get a recognition that 
we had the right to our own ; that man 
could have property in man; and it met 
with the unanimous refusal even of the 
most moderate, Union-saving, compro- 
mising portion of the Republican party. 
They do not intend to acknowledge it. 

" Very well ; you not only want to 
break down our constitutional rights; 
you not only want to upturn our social 
system; your people not only steal our 
slaves, and make them freemen to vote 






THE ADMINISTRATION OF BUCHANAN. 



567 



against us; but you seek to bring an in- 
ferior race in a condition of equality, 
socially and politically, with our own 
people. Well, sir, the question of slavery 
moves not the people of Georgia one-half 
as much as the fact that you insult their 
rights as a community. You Abolition- 
ists are right when you say that there 
are thousands and tens of thousands of 
men in Georgia, and all over the South, 
who do not own slaves. A very large 
portion of the people of Georgia own 
none of them. In the mountains there 
are comparatively but few of them; but 
no part of our people are more loyal to 
their race or country than our bold and 
brave mountain population; and every 
flash of the electric wires brings me 
cheering news from our mountain tops, 
and our valleys, that these sons of Geor- 
gia are excelled by none of their coun- 
trymen in loyalty to the rights, the 
honor, and the glory of the common- 
wealth. They say, and well say, this is 
our question; we want no negro 
equality, no negro citizenship; we want 
no mongrel race to degrade our own ; 
and as one man they would meet you 
upon the border with the sword in one 
hand, and the torch in the other. We 
will tell you when we choose to abolish 
this thing ; it must be done under our 
direction, and according to our will; our 
own, our native land, shall determine 
this question, and not the Abolitionists 
of the North. That is the spirit of our 
freemen. 

" I have already adverted to the prop- 
osition in regard to giving up criminals 
who are charged with stealing negroes, 
and I have referred to the cases of 
Maine, New York and Ohio. I come 
now to the last specification — the re- 
quirement that laws should be passed 
punishing all who aid and abet insurrec- 



tion. These are offences recognized by 
the laws of nations as inimical to all 
society; and I will read the opinions of 
an eminent publicist, when I get to that 
point. I said that you had aided and 
abetted insurrection. John Brown cer- 
tainly invaded Virginia. John Brown's 
sympathizers, I presume, are not Demo- 
crats. Two of the accomplices of John 
Brown fled — one to Ohio, one to Iowa. 
The governors of both States refused 
to give up the fugitives from justice. 
The party maintained them. I am aware 
that, in both cases, pretexts were gotten 
up, to cover the shame of the transac- 
tion. I am going to show you that their 
pretexts were hollow, unsubstantial, not 
only against constitutional law, but 
against the law of nations. I will show 
you that it was their duty to seize them 
under the law of nations, and bring them 
to their Confederate States, or even to a 
friendly State. The first authority I will 
read is ' Vattel on the Law of Nations.' 
If there had been any well-founded 
ground, if the papers had been defective, 
if the case had been defectively stated, 
what was the general duty of a friendly 
State without any constitutional obliga- 
tions? This general principle is, that 
one State is bound to restrain its citizens 
from doing anything tending to create 
disturbance in another State; to ferment 
disorders; to corrupt its citizens, or to 
alienate its allies. Vattel says, page 
162: 

" 'And since the latter (the sovereign) 
ought not to suffer his subjects to molest 
the subjects of another State, or to do 
them an injury, much less to give open, 
audacious offence to foreign powers, he 
ought to compel the transgressors to 
make reparation for the damage or in- 
jury, if possible, or to inflict on him an 
exemplary punishment; or finally, ac- 



HISTORY OF THE UNITED STATES 



568 

cording to the nature and circumstances 
of the case, to deliver him up to the 
offended State, to be there brought to 
justice. This is pretty generally ob- 
served with respect to great crimes, 
which are equally contrary to the laws 
and safety of all nations. Assassins, in- 
cendiaries, and robbers, are seized every- 
where at the desire of the sovereign in 
whose territories the crime was com- 
mitted, and are delivered up to his jus- 
tice. The matter is carried still further 
in States that arc more closely connected 
by friendship and good neighborhood. 
Even in cases of ordinary transgressions, 
which are only subjects of civil prosecu- 
tion, either with a view to the recovery 
of damages, or the infliction of a slight 
civil punishment, the subjects of two 
neighboring States arc reciprocally ob- 
liged to appear before the magistrate of 
the place where they are accused of 
having failed in their duty. Upon a re- 
quisition of that magistrate, called letter- 
rogatory, they are summoned in due 
form by their own magistrates, and ob- 
liged to appear. An admirable institu- 
tion, by means of which many neighbor- 
ing States live together in peace, and 
seem to form only one Republic ! This 
is in force through all Switzerland. As 
soon as the letters-rogatory are issued 
in form, the superior of the accused is 
bound to enforce them. It belongs not 
to him to examine whether the accusa- 
tion be true or false ; he is to presume 
on the justice of his neighbor, and not 
to suffer any doubts on his own part to 
impair an institution so well calculated 
to preserve harmony and good under- 
standing between the Stat 

" That is the law of nations, as de- 
clared by one of its ablest expounders ; 
but, besides, we have this principle em- 
bodied in the Constitution. We have 



Book II., c. 27 



there the obligation to deliver up fugi- 
tives from justice; and though it is in 
the Constitution, though it is sanctioned, 
as I said, by all ages and all centuries, 
by the wise and the good everywhere, 
our Confederate States are seeking 
false pretexts to evade a plain, social 
duty, in which are involved the peace 
and security of all society. If we had 
no Constitution, this obligation would 
devolve upon friendly States ; if there 
were no Constitution, we ought to de- 
mand it; But, instead of giving us this 
protection, we are met with reproaches, 
reviling tricks, and treachery, to conceal 
and protect incendiaries and murderers. 

"This man, Brown, and his accom- 
plices, had sympathizers. Who were 
they ? One of them, as I have before 
said, who was, according to his public 
speeches, a defender and laudator of 
John Brown, is Governor of Massachu- 
setts. Other officials of that State ap- 
plauded Brown's heroism, magnified his 
courage, and no doubt lamented his ill 
success. Throughout the whole North, 
public meetings, immense gatherings, 
triumphal processions, the honors of the 
hero and conqueror, were awarded to 
this incendiary and assassin. They did 
not condemn the traitor; think you, they 
abhorred the treason ? 

" Yet, I repeat, when a distinguished 
senator from a non-slaveholding State 
(Mr. Douglas) proposed to punish such 
attempts at invasion and insurrection, 
Lincoln and his party come before the 
world and say, ' I [ere is a sedition law.' 
To carry out the Constitution, to protect 
States from invasion, and suppress insur- 
rection, to comply with the laws of the 
United States, is a 'sedition law,' and the 
chief of this party treats it with con- 
tempt ; yet, under the very same clause 
of the Constitution which warranted this 



THE ADMINISTRATION OF BUCHANAN. 



important bill, you derive your power to 
punish offences against the laws of na- 
tions. Under this warrant you have 
tried and punished our citizens for med- 
itating the invasion of foreign States ; 
you have stopped illegal expeditions, 
you have denounced our citizens as 
pirates, and commended them to the 
bloody vengeance of a merciless enemy. 
" Under this principle alone you pro- 
tect our weaker neighbors of Cuba, 
Honduras, and Nicaragua. By this 
alone are we empowered and bound to 
prevent our people from conspiring to- 
gether, giving aid, giving money, or 
arms, to fit out expeditions against any 
foreign nation. Foreign nations get the 
benefit of this protection ; but we are 
worse off in the Union than if we were 
out of it. Out of it we should have the 
protection of the neutrality laws. Now 
you can come among us ; raids may be 
made ; you may put the incendiary's 
torch to our dwellings, as you did last 
summer, for hundreds of miles on the 
frontier of Texas ; you may do what 
John Brown did, and when the mis- 
creants escape to your States, you will 
not punish them ; you will not deliver 
them up. Therefore, we stand defence- 
less. We must cut loose from the 
accursed ' body of this death,' even to 
get the benefit of the law of nations. 

" You will not regard confederate 
obligations ; you will not regard con- 
stitutional obligations; you will not 
regard your oaths. What, then, am I 
to do ? Am I a freeman ? Is my State 
a free State ? We are freemen. We 
have rights ; I have stated them. We 
have wrongs ; I have recounted them. 
I have demonstrated that the party now 
coming into power has declared us out- 
laws, and is determined to exclude thou- 
sands of millions of our property from 



569 

the common Territories ; that it has de- 
clared us under the ban of the Union, 
and out of the protection of the laws of 
the United States everywhere. They 
have refused to protect us from invasion 
and insurrection by the Federal power, 
and the Constitution denies to us in the 
Union the right either to raise fleets or 
armies for our defence. All these 
charges I have proven by the record ; 
and I put them before the civilized 
world, and demand the judgment of to- 
day, of to-morrow, of distant ages, and 
of heaven itself, upon the justice of these 
causes. I am content, whatever it be, 
to peril all in so noble, so holy a cause. 
We have appealed, time and time again, 
for these constitutional rights. You 
have refused them. We appeal again. 
Restore us these rights as we had them, as 
your court adjudges the in to be just as 
our people have said they are ; redress 
these flagrant wrongs, seen of all men, 
and it will restore fraternity, and peace, 
and unity to all of us. Refuse them, and 
what then ? We shall then ask you, 
' Let us depart in peace.' Refuse that, 
and you present us war. We accept it ; 
and, inscribing upon our banners the 
glorious words, ' Liberty and Equality!' 
we will trust to the blood of the brave, 
and the God of battles, for security and 
tranquillity."* 

On the 29th of January, 1861, the 
people of Kansas were admitted as a 




COAT OF ARMS OF KANSAS. 

separate State in the Federal Union, 



without any excitement. 



* See Congressional Globe, 7th January, 1861. 



5/-o 



HISTORY OF THE UNITED STATES. 



Book II., c, -8 



On the same day, an informal Peace 
Congress of all the States was called by 
the Legislature of Virginia, to meet in 
Washington, on the 4th of the ensuing 
February, an account of which will be 
given hereafter. 

CHAPTER XXVIII. 
Buchanan's administration — Continued. 

(4th November, i860 — 4th February, 1S61.) 

Events in Georgia — Old champions of the Union now 
for secession — Toombs, the brothers Cobb, Thomas 
W. Thomas, and others — Speech of Alexander II . 
Stephens, before the State Legislature, November 
14th, i860 — The secession convention, 16th Janu- 
ary, 1S61 — The speech of Alexander H. Stephens 
in that body — Position of Ilerschel V. Johnson — 
Ordinance of secession passed — Linton Stephens' 
resolutions — State sends delegates to the Mont- 
gomery convention — Alexander H. Stephens one 
of the delegates — Resolution offered by him, and 
adopted before his acceptance of the trust. 

EFORE proceeding to the con- 
sideration of the action and 
results of the Peace Congress, 
we will now notice some ante- 
cedent facts, which may prop- 
erly be here presented, in connection 
with the current events of this period. 
After the election of Messrs. Lincoln 
and Hamlin was known in November, 
i860, the excitement in Georgia was 
quite as great perhaps as in any other 
State. 

Several of the most prominent men, 
who had in 1S51 thrown all their influ- 
ence and exerted their utmost energies 
for the maintenance of the Union on 
the principles of the Georgia platform 
adopted the year before, were now the un- 
qualified, open, bold, and eloquent advo- 
cates of immediate secession, unless some 
guarantee against threatening dangers 
should be secured. Among these may 
be named Mr. Toombs, Mr. Howell Cobb, 
his junior brother, Thomas R. R. Cobb, 




Thomas W.Thomas, Eugenius A. Nesbit, 
Asbury Hull, and many others of high 
character and great influence. 

In the midst of this excitement the 
Legislature of the State being in session, 
the author, while at his home, received 
an urgent invitation from a large number 
of the members and others to go to Mil- 
lcdgeville, the seat of government, and 
address them upon the condition of 
public affairs. To this request he yielded, 
though he had voluntarily retired from 
Congress in March, 1859, with the deter- 
mination never again to be connected 
with politics. The crisis at this time, 
however, was so alarming that he felt it 
to be his duty to respond to the call that 
had been made upon him. That response 
was made in the following extempore 
address on the night of the 14th of No- 
vember, i860, before an immense audi- 
ence, whose passions had been aroused 
almost to fury by previous addresses on 
previous nights by Mr. Thomas R. R. 
Cobb, Mr. Toombs and others. 

" Fellow-Citizens : I appear before you 
to-night at the request of members of 
the Legislature and others, to speak of 
matters of the deepest interest that can 
possibly concern us all, of an earthly 
character. There is nothing, no question 
or subject connected with this life, that 
concerns a free people so intimately as 
that of the government under which they 
live. We are now, indeed, surrounded 
by evils. Never since I entered upon 
the public stage has the country been 
so environed with difficulties and dangers 
that threatened the public peace and the 
very existence of our institutions as now. 
I do not appear before you at my own 
instance. It is not to gratify any desire 
of my own that I am here. Had I con- 
sulted my personal ease and pleasure, I 
should not be before you ; but believing 



THE ADMINISTRATION OF BUCHANAN. 



that it is the duty of every good citizen, 
when called on, to give his counsels and 
views whenever the country is in danger, 
as to the best policy to be pursued, I am 
here. For these reasons, and these only, 
do I bespeak a calm, patient, and atten- 
tive hearing. 

" My object is not to stir up strife, but 
to allay it ; not to appeal to your pas- 
sions, but to your reason. Let us, there- 
fore, reason together. It is not my pur- 
pose to say ought to wound the feelings 
of any individual who may be present ; 
and if, in the ardency with which I shall 
express my opinions, I shall say anything 
which may be deemed too strong, let it 
be set down to the zeal with which I 
advocate my own convictions. There is 
with me no intention to irritate or offend. 

" I do not, on this occasion, intend to 
enter into the history of the reasons 
or causes of the embarrassments which 
press so heavily upon us all at this time. 
In justice to myself, however, I must 
barely state upon this point that I do 
think much of it depended upon ourselves. 
The consternation that has come upon 
the people is the result of a sectional 
election of a President of the United 
States, one whose opinions and avowed 
principles are in antagonism to our in- 
terests and rights, and we believe, if 
carried out, would subvert the Con- 
stitution under which we now live. But 
are we entirely blameless in this mat- 
ter, my countrymen ? I give it to you 
as my opinion, that but for the 
policy the Southern people pursued, 
this fearful result would not have oc- 
curred. 

"The first question that presents itself 
is, shall the people of Georgia secede 
from the Union in consequence of the 
election of Mr. Lincoln to the Presidency 
of the United States ? My countrymen, 



571 

I tell you frankly, candidly, and earnestly, 
that I do not think that they ought. In 
my judgment, the election of no man, 
constitutionally chosen, to that high of- 
fice, is sufficient cause to justify any State 
to separate from the Union. It ought to 
stand by and aid still in maintaining the 
Constitution of the country. To make a 
point of resistance to the government, 
to withdraw from it because any man has 
been elected, would put us in the wrong. 
We are pledged to maintain the Constitu- 
tion. Many of us have sworn to support 
it. Can we, therefore, for the mere elec- 
tion of any man to the Presidency, and 
that, too, in accordance with the pre- 
scribed forms of the Constitution, make 
a point of resistance to the government, 
without becoming the breakers of that 
sacred instrument ourselves, by with- 
drawing ourselves from it? Would we 
not be in the wrong ? Whatever fate is 
to befall this country, let it never be laid 
to the charge of the people of the South, 
and especially to the people of Georgia, 
that we were untrue to our national en- 
gagements. Let the fault and the wrong 
rest upon others. If all our hopes are 
to be blasted, if the Republic is to go 
down, let us be found to the last moment 
standing on the deck with the Constitu- 
tion of the United States waving over 
our heads. [Applause.] Let the fanatics 
of the North break the Constitution, if 
such is their fell purpose. Let the re- 
sponsibility be upon them. I shall speak 
presently more of theii acts ; but let not 
the South, let us not be the ones to 
commit the aggression. We went into 
the election with this people. The result 
was different from what we wished ; but 
the election has been constitutionally 
held. Were we to make a point of re- 
sistance to the government and go out 
of the Union merely on that account, 



572 



HISTORY OF THE UNITED STATES. 



Book II., c. 28 



the record would be made up hereafter 
against us. 

" But it is said Mr. Lincoln's policy 
and principles are against the Constitu- 
tion, and that, if he carries them out, it 
will be destructive of our rights. Let 
us not anticipate a threatened evil. If 
he violates the Constitution, then will 
come our time to act. Do not let us 
break it because, forsooth, he may. If 
he does, that is the time for us to act. 
[Applause.] I think it would be inju- 
dicious and unwise to do this sooner. I 
do not anticipate that Mr. Lincoln will 
do anything to jeopard our safety or 
security, whatever may be his spirit to 
do it; for he is bound by the constitu- 
tional checks which are thrown around 
him, which at this time render him pow- 
erless to do any great mischief. This 
shows the wisdom of our system. The 
President of the United States is no 
Emperor, no Dictator — he is clothed 
with no absolute power. He can do 
nothing, unless he is backed by power 
in Congress. The House of Representa- 
tives is largely in a majority against him. 
In the very face and teeth of the majority 
of the electoral votes, which he has 
obtained in the Northern States, there 
have been large gains in the House of 
Representatives, to the conservative 
constitutional party of the country, 
which I here will call the National Dem- 
ocratic party, because that is the cogno- 
men it has at the North. There are 
twelve of this party elected from New 
York, to the next Congress, I believe. 
In the present House there are but four, 
I think. In Pennsylvania, New Jersey, 
Ohio, and Indiana, there have been gains. 
In the present Congress there were one 
hundred and thirteen Republicans, when 
it takes one hundred and seventeen to 
make a majority. The gains in the 



Democratic party in Pennsylvania, Ohio, 
New Jersey, New York, Indiana, and 
other States, notwithstanding its dis- 
tractions, have been enough to make a 
majority of nearly thirty, in the next 
House, against Mr. Lincoln. Even in 
Boston, Mr. Burlingame, one of the 
noted leaders of the fanatics of that sec- 
tion, has been defeated, and a conserva- 
tive man returned in his stead. Is this 
the time, then, to apprehend that Mr. 
Lincoln, with this large majority in the 
House of Representatives against him, 
can carry out any of his unconstitutional 
principles in that body? 

" In the Senate he will also be power- 
less. There will be a majority of four 
against him. This, after the loss of 
Bigler, Fitch, and others, by the unfor- 
tunate dissensions of the National Dem- 
ocratic party in their States. Mr. Lin- 
coln cannot appoint an officer without 
the consent of the Senate — lie cannot 
form a cabinet without the same consent. 
He will be in the condition of George 
the Third (the embodiment of Toryism), 
who had to ask the Whigs to appoint 
his ministers, and was compelled to re- 
ceive a cabinet utterly opposed to his 
views; and so Mr. Lincoln will be com- 
pelled to ask of the Senate to choose 
for him a cabinet, if the Democracy or 
that party choose to put him on such 
terms. He will be compelled to do 
this, or let the government stop, if the 
National Democratic Senators (for that 
is their name at the North), the conser- 
vative men in the Senate, should so 
determine. Then how can Mr. Lincoln 
obtain a cabinet which would aid him 
or allow him to violate the Constitution? 
Why then, I say, should we disrupt 
the ties of this Union, when his hands 
arc tied — when he can do nothing 
against us ? 



THE ADMINISTRATION OF BUCHANAN. 



573 



" I have heard it mooted, that no man 
in the State of Georgia, who is true to 
her interests, could hold office under 
Mr. Lincoln. But I ask, who appoints 
to office ? Not the President alone; the 
Senate has to concur. No man can be 
appointed without the consent of the 
Senate. Should any man, then, refuse 
to hold office that was given him by a 
Democratic Senate ? 

[Mr. Toombs interrupted and said, if 
the Senate was Democratic it was for 
Breckinridge.] 

" Well, then," continued Mr. Stephens, 
" I apprehend that no man could be justly 
considered untrue to the interests of 
Georgia, or incur any disgrace, if the 
interests of Georgia required it, to hold 
an office which a Breckinridge Senate 
had given him, even though Mr. Lin- 
coln should be President. [Prolonged 
applause, mingled with interruptions.] 

"I trust, my countrymen, you will be 
still and silent. I am addressing your 
good sense. I am giving you my views, 
in a calm and dispassionate manner, and 
if any of you differ with me, you can on 
some other occasion give your views, as 
I am doing now, and let reason and true 
patriotism decide between us. In my 
judgment, I say, under such circum- 
stances, there would be no possible 
disgrace for a Southern man to hold 
office. No man will be suffered to be 
appointed, I have no doubt, who is not 
true to the Constitution, if Southern 
Senators are true to their trusts, as I 
cannot permit myself to doubt that they 
will be. 

" My honorable friend who addressed 
you last night (Mr. Toombs), and to 
whom I listened with the profoundest at- 
tention, asks if we would submit to Black 
Republican rule ? I say to you and to 
him, as a Georgian, I never would submit 



to any Black Republican aggression 
upon our constitutional rights. 

" I will never consent myself, as much 
as I admire this Union, for the glories 
of the past or the blessings of the pres- 
ent ; as much as it has done for civiliza- 
tion ; as much as the hopes of the world 
hang upon it; I would never submit to 
aggression upon my rights to maintain it 
longer; and if they cannot be main- 
tained in the Union standing on the 
Georgia platform, where I have stood 
from the time of its adoption, I would be 
in favor of disrupting every tie which 
binds the States together. I will have 
equality for Georgia, and for the citizens 
of Georgia, in this Union, or I will look 
for new safeguards elsewhere. This is 
my position. The only question now 
is, Can this be secured in the Union? 
That is what I am counselling with you 
to-night about. Can it be secured ? In 
my judgment it may be, yet it may not 
be ; but let us do all we can, so that in 
the future, if the worst comes, it may 
never be said we were negligent in doing 
our duty to the last. 

" My countrymen, I am not of those 
who believe this Union has been a curse 
up to this time. True men, men of in- 
tegrity, entertain different views from me 
on this subject. I do not question their 
right to do so ; I would not impugn 
their motives in so doing. Nor will I 
undertake to say that this government 
of our fathers is perfect. There is 
nothing perfect in this world of human 
origin; nothing connected with human 
nature, from man himself to any of his 
works. You may select the wisest and 
best men for your judges, and yet how 
many defects are there in the administra- 
tion of justice? You may select the 
wisest and best men for your legislators, 
and yet how many defects are apparent 



574 



HISTORY OF THE UNITED STATES. 



Book II., c. 28 



in your laws? And it is so in our gov- 
ernment. But that this government of 
our fathers, with all its defects, comes 
nearer the objects of all good govern- 
ments than any other on the face of 
the earth, is my settled conviction. 
Contrast it now with any on the face of 
the earth. 

[" England," said Mr. Toombs.] 
" Mr. Stephens. — England, my friend 
says. Well, that is the next best, I 
grant ; but I think we have improved 
upon England. Statesmen tried their 
apprentice hand on the government of 
England, and then ours was made. 
Ours sprung from that, avoiding many 
of its defects, taking most of the good, 
and leaving out many of its errors, and 
from the whole our fathers constructed 
and built up this model Republic — the 
best which the history of the world gives 
any account of. Compare, my friends, 
this government with that of France, 
Spain, Mexico, the South American Re- 
publics, Germany, Ireland — (are there 
any sons of that down-trodden nation 
here to-night?) — Prussia; or if you 
travel further cast, to Turkey or China ? 
Where will you go, following the sun in 
its circuit round our globe, to find a 
government that better protects the lib- 
erties of its people, and secures to them 
the blessings we enjoy? [Applause.] 
I think that one of the evils that beset 
us is a surfeit of liberty, an exuberance 
of the priceless blessings for which we 
are ungrateful. We listened to my hon- 
orable friend who addressed you last 
night [Mr. Toombs] as he recounted the 
evils of this government. The first was 
the fishing bounties, paid mostly to the 
sailors of New England. Our friend 
stated that forty-eight years of our gov- 
ernment was under the administration 
of Southern Presidents. Well, these 
fishing bounties becran under the rule of 



a Southern President, I believe. No one 
of them during the whole forty-eight 
years ever set his administration against 
the principle or policy of them. It is 
not for me to say whether it was a wise 
policy in the beginning; it probably was 
not, and I have nothing to say in its de- 
fence. But the reason given for it was 
to encourage our young men to go to 
sea, and learn to manage .--hips. We had 
at the time but a small navy. It was 
thought best to encourage a class of our 
people to become acquainted with sea- 
faring life ; to become sailors, to man 
our naval ships. It requires practice to 
walk the deck of a ship, to pull the 
ropes, to furl the sails, to go aloft, to 
climb the mast ; and it was thought by 
offering this bounty, a nursery might be 
formed, in which young men would be- 
come perfected in these arts, and it ap- 
plied to one section of the country as 
well as to any other. The result of this 
was that, in the war of 1S12, our sailors, 
many of whom came from this nursery, 
were equal to any that England brought 
against us. At any rate, no small part 
of the glories of that war were gained by 
the veteran tars of America, and the ob- 
ject of these bounties was to foster that 
branch of the national defence. My 
opinion is, that whatever may have been 
the reason at first, this bounty ought to 
be discontinued — the reason for it at first 
no longer exists. A bill for this object 
did pass the Senate the last Congress I 
was in, to which my honorable friend 
contributed greatly, but it was not 
reached in the House of Representa- 
tives. I trust that he will yet see that 
he may with honor continue his connec- 
tion with the government, and that his elo- 
quence, unrivalled in the Senate, may here- 
after, as heretofore, be displayed in having 
this bounty, so obnoxious to him, repealed 
and wiped off from the statute book. 



THE ADMINISTRATION OF BUCHANAN 



575 



" The next evil that my friend com- 
plained of was the tariff. Well, let us 
look at that for a moment. About the 
time I commenced noticing public mat- 
ters, this question was agitating the 
country almost as fearfully as the slave 
question now is. In 1832, when I was 
in college, South Carolina was ready to 
nullify or secede from the Union on this 
account. And what have we seen ? 
The tariff no longer distracts the public 
councils. Reason has triumphed ! The 
present tariff was voted for by Massa- 
chusetts and South Carolina. The lion 
and the lamb lay down together — every 
man in the Senate and House from Mas- 
sachusetts and South Carolina, I think, 
voted for it, as did my honorable friend 
himself. And if it be true, to use the 
figure of speech of my honorable friend, 
that every man in the North, that works 
in iron and brass and wood, has his 
muscle strengthened by the protection 
of the government, that stimulant was 
given by his vote, and I believe every 
other Southern man. So we ought not 
to complain of that. 

[Mr. Toombs. — " That tariff lessened 
the duties."] 

" Mr. Stephens. — Yes, and Massachu- 
setts, with unanimity, voted with the 
South to lessen them, and they were 
made just as low as Southern men asked 
them to be, and those are the rates they 
are now at. If reason and argument, 
with experience, produced such changes 
in the sentiments of Massachusetts from 
1832 to 1857, on tn e subject of the tariff, 
may not like changes be effected there 
by the same means, reason and argument, 
and appeals to patriotism on the present 
vexed question ? and who can say that 
by 1875 or 1890, Massachusetts may not 
vote with South Carolina and Georgia 
upon all those questions that now dis- 



tract the country and threaten its peace 
and existence ? I believe in the power 
and efficiency of truth, in the omnipo- 
tence of truth, and its ultimate triumph 
when properly wielded. [Applause.] 

"Another matter of grievance alluded 
to by my honorable friend was the Navi- 
gation Laws. This policy was also com- 
menced under the administration of one 
of these Southern Presidents, who ruled 
so well, and has been continued through 
all of them since. The gentleman's 
views of the policy of these laws and 
my own do not disagree. We occupied 
the same ground in relation to them in 
Congress. It is not my purpose to 
defend them now. But it is proper to 
state some matters connected with their 
origin. 

"One of the objects was to build up a 
commercial American marine by giving 
American bottoms the exclusive carrying 
trade between our own ports. This is a 
great arm of national power. This ob- 
ject was accomplished. We have now 
an amount of shipping not only coast- 
wise but to foreign countries which puts 
us in the front rank of the nations of the 
world. England can no longer be styled 
the mistress of the seas. What Ameri- 
can is not proud of the result ? Whether 
those laws should be continued is another 
question. But one thing is certain, no 
President, Northern or Southern, has 
ever yet recommended their repeal. 
And my friend's effort to get them re- 
pealed has met with but little favor North 
or South. 

" These were three of the grievances 
or grounds of complaint against the gen- 
eral system of our government and its 
workings; I mean the administration of 
the Federal government. As to the acts 
of several of the States, I shall speak 
presently, but these three were the main 



5 ;6 



HISTORY OF THE UNITED STATES. 



Book II., c. 28 



ones urged against the common Head. 
Now suppose it be admitted that all of 
these are evils in the system; do they 
overbalance and outweigh the advantages 
and great good which this same govern- 
ment affords in a thousand innumerable 
ways that cannot be estimated ? Have 
we not at the South, as well as the North, 
grown great, prosperous and happy 
under its operation? Has any part of 
the world ever shown such rapid progress 
in the development of wealth, and all 
the material resources of national power 
and greatness, as the Southern States 
have under the general government, not- 
withstanding all its defects? 

[Mr. Toombs. — " In spite of it ! "' 
" Mr. Stephens. — My honorable friend 
says we have, in spite of the general 
government; that without it I suppose 
he thinks we might have done as well, or 
perhaps better than we have done. This 
grand result is in spite of the govern- 
ment ! That may be, and it may not be; 
but the great fact that we have grown 
great and powerful under the govern- 
ment, as it exists, is admitted. There is 
no conjecture or speculation about that; 
it stands out bold, high, and prominent, 
like your Stone mountain, to which the 
gentleman alluded, in illustrating home 
facts, in his record — this great fact of our 
unrivalled prosperity in the Union as it 
is, is admitted — whether all this is in spite 
of the government — whether we of the 
South would have been better off with- 
out the government, is, to say the least, 
problematical. On the one side we can 
only put the fact against speculation and 
conjecture on the other. But even as a 
question of speculation, I differ from my 
distinguished friend. What we would 
have lost in border wars without the 
Union, or what we have gained, simply 
by the peace it has secured, is not within 



our power to estimate. Our foreign 
trade, which is the foundation of all our 
prosperity, has the protection of the 
navy which drove the pirates from the 
waters near our coast, where they had 
been buccaneering for centuries before, 
and might have been still, had it not been 
for the American navy, under the com- 
mand of such a spirit as Commodore 
Porter. Now, that the coast is clear, 
that our commerce flows freely, out- 
wardly and inwardly, we cannot well 
estimate how it would have been, under 
other circumstances. The influence of 
the government on us is like that of the 
atmosphere around us. Its benefits are 
so silent and unseen, that they are seldom 
thought of or appreciated. 

"We seldom think of the single ele- 
ment of oxygen, in the air we breathe, 
and yet, let this simple, unseen, and unfelt 
agent be withdrawn, this life-giving 
element be taken away from this all-per- 
vading fluid around us, and what instant 
and appalling changes would take place, 
in all organic creation ! 

"It may be, that we are all that we 
are, in 'spite of the general government,' 
but it may be that without it, we should 
have been far different from what we arc 
now. It is true, there is no equal part 
of the earth with natural resources su- 
perior, perhaps, to ours. That portion 
of this country known as the Southern 
States, stretching from the Chesapeake 
to the Rio Grande, is fully equal to the 
picture drawn by the honorable and 
eloquent Senator, last night, in all natural 
capacities. But how many ages, centuries, 
passed before these capacities were de- 
veloped to reach this advanced stage of 
civilization? There, these same hills, 
rich in ore, same rivers, same valleys and 
plains, are as they have been since they 
came from the hand of the Creator. 



THE ADMINISTRATION OF BUCHANAN. 



S77 



Uneducated and uncivilized, man roamed 
over them, for how long no history in- 
forms us. 

"It was only under our institutions as 
they are, that they were developed. 
Their development is the result of the 
enterprise of our people under operations 
of the government and institutions under 
which we have lived. Even our people, 
without these, never would have done it. 
The organization of society has much to 
do with the development of the natural 
resources of any country or any land. 
The institutions of a people, political and 
mora!, are the matrix in which the germ 
of their organic structure quickens into 
life, takes root, and develops in form, 
nature, and character. Our institutions 
constitute the basis,, the matrix from 
which spring all our characteristics of 
development and greatness. Look at 
Greece ! There is the same fertile soil, 
the same blue sky, the same inlets and 
harbors, the same yEgean, the same 
Olympus — there is the same land where 
Homer sung, where Pericles spoke — it 
is, in nature, the same old Greece ; but 
it is ' living Greece no more.' [Ap- 
plause.] 

" Descendants of the same people in- 
habit the country ; yet what is the 
reason of this mighty difference ? In the 
midst of present degradation we see the 
glorious fragments of ancient works of 
art — temples with ornaments and inscrip- 
tions that excite wonder and admiration, 
the remains of a once high order of 
civilization, which have outlived the lan- 
guage they spoke. Upon them all Icha- 
bod is written — their glory has departed. 
Why is this so ? I answer this, their 
institutions have been destroyed. These 
were but the fruits of their forms of 
government, the matrix from which their 
grand development sprung ; and when 
37 



once the institutions of our people shall 
have been destroyed, there is no earthly 
power that can bring back the Prome- 
thean spark to kindle them here again, 
any more than in that ancient land of 
eloquence, poetry, and song ! [Ap- 
plause.] The same may be said of 
Italy. Where is Rome, once the mis- 
tress of the world ? There are the same 
seven hills now, the same soil, the same 
natural resources ; nature is the same ; 
but what a ruin of human greatness 
meets the eye of the traveller throughout 
the length and breadth of that most 
down-trodden land ! Why have not the 
people of that heaven-favored clime the 
spirit that animated their fathers ? Why 
this sad difference ? It is the destruc- 
tion of her institutions that has caused 
it. And, my countrymen, if we shall, in 
an evil hour, rashly pull down and de- 
stroy those institutions, which the patri- 
otic hand of our fathers labored so long 
and so hard to build up, and which have 
done so much for us, and for the world ; 
who can venture the prediction that 
similar results will not ensue ? Let us 
avoid them if we can. I trust the spirit 
is amongst us that will enable us to do 
it. Let us not rashly try the experiment 
of change, of pulling down and destroy- 
ing ; for, as in Greece and Italy, and the 
South American Republics, and in every 
other place, whenever our liberty is once 
loet, it may never be restored to us 
again. [Applause.] 

" There are defects in our government, 
errors in our administration, and short- 
comings of many kinds, but in spite of 
these defects and errors, Georgia has 
grown to be a great State. Let us 
pause here a moment. In 1850 there 
was a great crisis, but not so fearful as 
this, for of all I have ever passed through, 
this is the most perilous, and requires to 



578 



HISTORY OF THE UNITED STATES. 



Book II., c 28 



be met with the greatest calmness and 
deliberation. 

" There were man)' amongst us in 
1850 zealous to go at once out of the 
Union — to disrupt every tie that binds us 
together. Now do you believe, had 
that policy been carried out at that time, 
we would have been the same great peo- 
ple that we are to-day ? It may be that 
we would, but have you any assurance 
of that fact ? Would we have made the 
same advancement, improvement, and 
progress, in all that constitutes material 
wealth and prosperity, that we have? 

" I notice in the Comptroller-General's 
report, that the taxable property of 
Georgia is 5670,000,000 and upwards — 
an amount not far from double what it 
was in 1850. I think I may venture to 
say that for the last ten years the mate- 
rial wealth of the people of Georgia has 
been nearly if not quite doubled. The 
same may be said of our advance in 
education, and everything that marks 
our civilization. Have we any assurance 
that had we regarded the earnest but 
misguided patriotic advice, as I think, of 
some of that day, and disrupted the ties 
which bind us to the Union, we would 
have advanced as. we have? I think 
not. Well, then, let us be careful now, 
before we attempt any rash experiment 
of this sort. I know that there are 
friends whose patriotism I do not intend 
to question, who think this Union a 
curse, and that we would be better off 
without it. I do not so think, if we can 
bring about a correction of these evils 
which threaten, and I am not without 
hope that this may yet be done. This 
appeal to go out with all the promises 
for good that accompany it, I look upon 
as a great, and I fear, a fatal temptation. 

" When I look around and see our 
prosperity in everything — agriculture, 



commerce, art, science, and every de- 
partment of progress, physical, mental, 
and moral — certainly, in the face of such 
an exhibition, if we can, without the loss 
of power, or any essential right or inter- 
est, remain in the Union, it is our duty 
to ourselves and to posterity to do so. 
Let us not unwisely yield to this temp- 
tation. Our first parents, the great pro- 
genitors of the human race, were not 
without a like temptation when in the 
garden of Eden. They were led to be- 
lieve that their condition would- be 
bettered — that their eyes would be 
opened — and that they would become 
as gods. They, in an evil hour, yielded 
— instead of becoming gods, they only 
saw their own nakedness ! 

"I look upon .this country with our 
institutions as the Eden of the world, the 
Paradise of the universe. It may be that 
out of it we may become greater and 
more prosperous, but I am candid and 
sincere in telling you that I fear if we 
yield to passion, and without sufficient 
cause shall take that step, that instead 
of becoming greater or more peaceful, 
prosperous, and happy — instead of be- 
coming gods, we will become demons, 
and at no distant day commence cutting 
one another's throats. This is my appre- 
hension. Let us, therefore, whatever we 
do, meet these difficulties, great as they 
are, like wise and sensible men, and con- 
sider them in the light of all the conse- 
quences which may attend our action. 
Let us see first, clearly, where the path 
of duty leads, and then we may not fear 
to tread therein. 

" Now, upon another point, and that 
the most difficult, and deserving your 
most serious consideration, I will speak. 
That is, the course which this State 
should pursue towards those Northern 
States which, by their legislative acts, 






THE ADMINISTRATION OF BUCHANAN. 



579 



have attempted to nullify the fugitive 
slave law. 

" Northern States, on entering into the 
Federal compact, pledged themselves to 
surrender such fugitives ; and it is in 
disregard of their constitutional obliga- 
tions that they have passed laws which 
even tend tc hinder or inhibit the fulfil- 
ment of that obligation. They have 
violated their plighted faith. What 
ought we to do in view of this? That 
is the question. What is to be done ? 
By the law of nations, you would have a 
right to demand the carrying out of this 
article of agreement, and I do not see 
that it should be otherwise with respect 
to the States of this Union ; and in case 
it be not done, we would, by these prin- 
ciples, have the right to commit acts of 
reprisal on these faithless governments, 
and seize upon their property, or that 
of their citizens, wherever found. The 
States of this Union stand upon the 
same footing with foreign nations in this 
respect. 

"Suppose it were Great Britain that 
had violated some compact of agreement 
with the general government — what 
would be first done? In that case our 
ministers would be directed, in the first 
instance, to bring the matter to the at- 
tention of that government, or a commis- 
sioner be sent to that country to open 
negotiations with her, ask for redress, 
and it would only be after argument 
and reason had been exhausted in vain 
that we would take the last resort of 
nations. That would be the course 
toward a foreign government, and to- 
ward a member of this Confederacy, I 
would recommend the same course. 
Let us not, therefore, act hastily, or ill- 
temperedly in this matter. Let your 
committee on the state of the republic 
make out a bill of grievances; let it be 



sent by the governor to those faithless 
States; and if reason and argument shall 
be tried in vain — if all shall fail to 
induce them to return to their constitu- 
tional obligations, I would be for retalia- 
tory measures, such as the governor has 
suggested to you. This mode of resist- 
ance in the Union is in our power. 

" Now, then, my recommendation to 
you would be this: In view of all these 
questions of difficulty, let a Convention of 
the people of Georgia be called, to which 
they may be all referred. Let the sov- 
ereignty of the people speak. Some 
think that the election of Mr. Lincoln is 
cause sufficient to dissolve the Union. 
Some think those other grievances are 
sufficient to justify the same; and that 
the Legislature has the power thus to 
act, and ought thus to act. I have no 
hesitancy in saying that the Legislature 
is not the proper body to sever our 
Federal relations, if that necessity should 
arise. 

" I say to you, you have no power so 
to act. You must refer this question to 
the people, and you must wait to hear 
from the men at the cross-roads, and 
even the groceries; for the people of this 
country, whether at the cross-roads or 
groceries, whether in cottages or palaces, 
are all equal, and they are the sovereigns 
in this country. Sovereignty is not in 
the Legislature. We, the people, are 
sovereign ! I am one of them, and have 
a right to be heard ; and so has every 
other citizen of the State. You legislators 
— I speak it respectfully — are but our 
servants. You are the servants of the 
people, and not their masters. Power 
resides with the people in this country. 
The great difference between our coun- 
try and most others is, that here there 
is popular sovereignty, while there sov- 
ereignty is exercised by kings or favored 



58o 



HISTORY OF THE UNITED STATES. 



Book II, c. 28 



classes. This principle of popular sov- 
ereignty, however much derided lately, 
is the foundation of our institutions. 
Constitutions "are but the channels 
through which the popular will may be 
expressed. Our Constitutions, State 
and Federal, came from the people. 
They made both, and they alone can 
rightfully unmake either. 

" Should Georgia determine to go out 
of the Union, I speak for one, though 
my views might not agree with them, 
whatever the result may be, I shall bow 
to the will of her people. Their cause 
is my cause, and their destiny is my 
destiny; and I trust this will be the 
ultimate course of all. The greatest 
curse that can befall a free people is 
civil war. 

"As to the other matter, I think we 
have a right to pass retaliatory measures, 
provided they be in accordance with the 
Constitution of the United States ; and 
I think they can be made so. But 
whether it would be wise for this Lee- 
islature to do this now, is a question. 
To the Convention, in my judgment, 
tli is matter ought to be referred. Before 
making reprisals, we should exhaust 
every means of bringing about a peace- 
ful settlement of the controversy. Thus 
did General Jackson in the case of the 
French. He did not recommend re- 
prisals until he had treated with France 
and got her to promise to make indem- 
nifications, and it was only on her 
refusal to pay the money which she had 
promised, that he recommended reprisals. 
It was after negotiation had failed. I 
do think, therefore, that it would be best 
before going to extreme measures with 
our Confederate States, to make the pre- 
sentation of our demands, to appeal to 
their reason and judgment to give us 
our rights. Then if reason should not 



triumph, it will be time enough to make 
reprisals, and we should be justified in 
the eyes of a civilized world. At least, 
let these offending and derelict States 
know what your grievances are, and if 
they refuse, as I said, to give us our 
rights under the Constitution, I should 
be willing, as a last resort, to sever the 
ties of our Union with them. , [Ap- 
plause.] 

"My own opinion is, that if this course 
be pursued, and they are informed of the 
consequences of refusal, these States will 
recede, will repeal their nullifying acts ; 
but if they should not, then let the con- 
sequences be with them, and the respon- 
sibility of the consequences rest upon 
them. Another thing I would have that 
Convention to do. Reaffirm the Geor- 
gia Platform with an additional plank in 
it. Let that plank be the fulfilment of 
these constitutional obligations on the 
part of those States — their repeal of 
these obnoxious laws as the condition of 
our remaining in the Union. Give them 
time to consider it, and I would ask all 
States South to do the same thing. 

" I am for exhausting all that patriotism 
demands, before taking the last step. I 
would invite, therefore, South Carolina to 
a conference. I would ask the same of 
all the other Southern States, so that if 
the evil has got beyond our control, 
which God in his mercy grant may not 
be the case, we may not be divided 
among ourselves [cheers] ; but if possi- 
ble, secure the united co-operation of all 
the Southern States, and then, in the face 
of the civilized world, we may justify 
our action, and, with the wrong all on 
the other side, we can appeal to the God 
of battles, if it comes to that, to aid us 
in our cause. [Loud applause.] But 
do nothing in which any portion of our 
people may charge you with rash or 



THE ADMINISTRATION OF BUCHANAN 



5 8l 



hasty action. It is certainly a matter of 
great importance to tear this govern- 
ment asunder. You were not sent here 
for that purpose. I would wish the 
whole South to be united, if this is to be 
done; and I believe if we pursue the 
policy which I have indicated, this can 
be effected. 

"In this way our sister Southern 
States can be induced to act with us; 
and I have but little doubt that the 
States of New York, and Pennsylvania, 
and Ohio, and the other Western States 
will compel their Legislatures to recede 
from their hostile attitude, if the others 
do not. Then, with these we would go 
on without New England, if she chose 
to stay out. 

[A voice in the assembly — " We will 
kick them out."] 

" Mr. Stephens — No: T would not kick 
them out. But if they chose to stay out, 
they might. I think, moreover, that 
these Northern States, being principally 
engaged in manufactures, would find that 
they had as much interest in the Union, 
under the Constitution, as we, and that 
they would return to their constitutional 
duty — this would be my hope. If they 
should not, and if the Middle States and 
Western States do not join us, we should, 
at least, have an undivided South. I am, 
as you clearly perceive, for maintaining 
the Union as it is, if possible. I will 
exhaust every means, thus, to maintain 
it with an equality in it. My position, 
then, in conclusion, is for the maintenance 
of the honor, the rights, the equality, the 
security, and the glory of my native 
State in the Union, if possible; but if 
these cannot be maintained in the Union, 
l'ien I am for their maintenance, at all 
lrizards, out of it. Next to the honor 
;md glory of Georgia, the land of my 
birth, I hold the honor and glory of our 



common country. In Savannah, I was 
made to say by the reporters, who very 
often make me say things which I never 
did, that I was first for the glory of the 
whole country, and next for that of 
Georgia. I said the exact reverse of this. 
I am proud of Georgia, of her history, 
of her present standing. I am proud 
even of her motto, which I would have 
duly respected, at the present time, by 
all her sons — ' Wisdom, Justice, and 
Moderation.' I would have her rights 
and those of the Southern States main- 
tained now upon these principles. Her 
position now is just what it was in 1850, 
with respect to the Southern States. 
Her platform, then established, was sub- 
sequently adopted by most, if not all the 
other Southern States. Now I would 
add but one additional plank to that 
platform, which I have stated, and one 
which time has shown to be necessary, 
and if that shall likewise be adopted in 
substance by all the Southern States, all 
may yet be well. But, if all this fails, 
we shall at least have the satisfaction of 
knowing that we have done our duty, 
and all that patriotism could require. 

" Mr. Stephens then took his seat, 
amidst great applause." 

This speech shows how earnestly de- 
voted the author was to the sovereignty 
of the several States, as well as to the 
Union of the States, based upon that 
sovereignty. It shows how profoundly 
he was impressed with the belief, that the 
happiness and prosperity of all the States 
depended greatly upon the continued 
maintenance of the Federal Union, upon 
the principles upon which it was founded; 
and that he did not then despair of so 
maintaining it, if the real and true friends 
of the Union, on these principles, every- 
where, could but be brought to unite 
their energies and patriotic efforts to that 



582 



HISTORY OF THE UXITED STATES. 



Hook II., c A 



object. It shows also that he then did 
not despair of the prospect of bringing 
about such united effort. 

This speech was the occasion of the 
following correspondence between the 
author and Mr. Lincoln, the President 
elect. 

Springfield, III., 

Nov. 30, i860. 
Hon. A. H. Stephens: 

My Dear Sir: — I have read, in the 
newspapers, your speech recently de- 
livered (I think) before the Georgia 
Legislature or its assembled members. 
If you have revised it, as is probable, 
I shall be much obliged if you will send 
me a copy. Yours, very truly, 

A. Lincoln. 

[Original draft copy of MSS. sent.] 
Crawfordville, Ga. 

Dec. 14, i860. 

My Dear Sir : — Your short and polite 
note of the 30th ulto. asking for a revised 
copy of the speech to which you referred 
was not received until last night. The 
newspaper report of the speech has never 
been revised by me. The notes of the 
reporter were submitted to me and cor- 
rected to some extent before being pub- 
lished, but not so thoroughly as I would 
have wished. The report was substan- 
tially correct. If I had had any idea 
that it would have been so extensively 
circulated as it has been, and been repub- 
lished in so many papers throughout the 
country as it has been, I should have 
prepared a copy for the press in the first 
instance. But I had no such thought, 
and therefore let the report go as it did. 
There are several verbal inaccuracies in 
it, but the main points appear sufficiently 
clear for all practical purposes. The 
country is certainly in great peril, and no 
man ever had heavier or greater respon- 



sibility resting upon him than you have 
in the present momentous crisis. 

Yours, most respectfully, 
Alexander H. Stephens. 
Hon. Abraham Lincoln, 
Springfield, III. 

{For your own eye on/y.) 

Springfield, III., 

Dec. 22, i860. 
Hon. A. H. Stephens : 

My Dear Sir: — Your obliging 
answer to my short note is just received, 
and for which please accept my thanks. 
I fully appreciate the present peril the 
country is in, and the weight of respon- 
sibility on me. Do the people of the 
South really entertain fears that a Repub- 
lican administration would, directly or 
indirectly, interfere with the slaves, or 
with them, about their slaves? If they 
do, I wish to assure you, as once a friend, 
and still, I hope, not as an enemy, that 
there is no cause for such fears. The 
South would be in no more danger in 
this respect, than it was in the days of 
Washington. I suppose, however, this 
does not meet the case. You think 
slavery is right and ought to be extended, 
while we think it is wrong and ought to 
be restricted. That I suppose is the rule. 
It certainly is the only substantial differ- 
ence between us. 

Yours, very truly, 

A. Lincoln. 

The copy retained of the author's 
second letter to him, of the 30th, after 
the usual heading and address, is in these 
words : 

" Yours of the 226, instant was received 
two days ago. I hold it and appreciate 
it as you intended. Personally I am not 
your enemy — far from it — and however 
widely we may differ politically, yet I 



THE ADMINISTRATION OF BUCHANAN. 



583 



trust we both have an earnest desire to 
preserve and maintain the Union of the 
States, if it can be done upon the prin- 
ciples and in furtherance of the objects 
for which it was formed. It was with 
such feelings on my part, that I suggested 
to you in my former note the heavy re- 
sponsibility now resting on you, and with 
the same feelings I will now take the 
liberty of saying in all frankness and 
earnestness, that this great object can 
never be attained by force. This is my 
settled conviction. Consider the opinion, 
weigh it, and pass upon it for yourself. 
An error on this point may lead to the 
most disastrous consequences. I will 
also add, that in my judgment the people 
of the South do not entertain any fears 
that a Republican administration, or at 
least the one about to be inaugurated, 
would attempt to interfere directly and 
immediately with slavery in the States. 
Their apprehension and disquietude do 
not spring from that source. They do 
not arise from the fact of the known 
anti-slavery opinions of the President 
elect. Washington, Jefferson, and other 
Presidents are generally admitted to have 
been anti-slavery in sentiment. But in 
those days anti-slavery did not enter as 
an element into party organizations. 

" Questions of other kinds, relating to 
the foreign and domestic policy — com- 
merce, finance, and other legitimate ob- 
jects of the general government — were 
the basis of such associations in their 
day. The private opinions of individ- 
uals upon the subject of African slavery, 
or the status of the negro with us, were 
not looked to in the choice of Federal 
officers any more than their views upon 
matters of religion, or any other subject 
over which the government under the 
Constitution had no control. But now this 
subject, which is confessedly on all sides 



outside of the constitutional action of 
the government so far as the States are 
concerned, is made the ' central idea ' in 
the platform of principles announced by 
the triumphant party. The leading ob- 
ject seems to be simply, and wantonly, 
if you please, to put the institutions of 
nearly half the States under the ban of 
public opinion and national condemna- 
tion. This, upon general principles, is 
quite enough of itself to arouse a spirit 
not only of general indignation, but of 
revolt on the part of the proscribed. 
Let me illustrate. It is generally con- 
ceded, by the Republicans even, that 
Congress cannot interfere with slavery in 
the States. It is equally conceded that 
Congress cannot establish any form of 
religious worship. Now, suppose that 
any one of the present Christian churches 
or sects prevailed in all the Southern 
States, but had no existence in any one 
of the Northern States — under such cir- 
cumstances suppose the people of the 
Northern States should organize a polit- 
ical party — not upon a foreign or do- 
mestic policy, but with one leading idea 
of condemnation of the doctrines and 
tenets of that particular church, and with 
the avowed object of preventing its ex- 
tension into the common Territories, 
even after the highest judicial tribunal 
of the land had decided they had no 
such constitutional power! And sup- 
pose that a party so organized should 
carry a Presidential election ! Is it not 
apparent that a general feeling of re- 
sistance to the success, aims and objects 
of such a party would necessarily and 
rightfully ensue ? Would it not be the 
inevitable consequence ? And the more 
so, if possible, from the admitted fact 
that it was a matter beyond their con- 
trol, and one that they ought not in the 
spirit of comity between co-States to at- 



5 §4 



HISTORY OF THE UNITED STATES. 



Book II., c. 28 



tempt to meddle with. I submit these 
thoughts to you for your calm reflection. 
We at the South do think African slavery, 
as it exists with us, both morally and polit- 
ically right. This opinion is founded upon 
the inferiority of the black race. You, 
however, and perhaps a majority, of the 
North think it wrong. Admit the dif- 
ference of opinion. The same difference 
of opinion existed to a more general ex- 
tent amongst those who formed the Con- 
stitution, when it was made and adopted. 
The changes have been mainly to our 
side. As parties were not formed on 
this difference of opinion then, why 
should they be now ? The same differ- 
ence would of course exist in the sup- 
posed case of religion. When parties or 
combinations of men, therefore, so form 
themselves, must it not be assumed to 
arise not from reason or any sense of 
justice, but from fanaticism? The mo- 
tive can spring from no other source, and 
when men come under the influence of 
fanaticism, there is no telling where their 
impulses or passions may drive them. 
This is what creates our discontent and 
apprehension. You will also allow me 
to say that it is neither unnatural nor 
unreasonable, especially when we sec the 
extent to which this reckless spirit has 
already gone. Such, for instance, as the 
avowed disregard and breach of the 
Constitution, in the passage of the 
statutes in a number of the Northern 
States against the rendition of fugitives 
from service, and such exhibitions of 
madness as the John Brown raid into 
Virginia, which has received so much 
sympathy from many, and no open 
condemnation from any of the leading 
men of the present dominant party. For 
a very clear statement of the prevailing 
sentiment of the most moderate men of 
the South upon them, I refer you to the 



speech of Senator Nicholson, of Tennes- 
see, which I inclose to you. Upon a 
review of the whole, who can say that the 
general discontent and apprehension 
prevailing is not well founded ? 

" In addressing you thus, I would have 
you understand me as being not a per- 
sonal enemy, but as one who would 
have you to do what you can to save 
our common country. A word ' fitly 
spoken ' by you now, would indeed be 
' like apples of gold, in pictures of sil- 
ver.' I entreat you be not deceived as 
to the nature and extent of the danger, 
or as to the remedy. Conciliation and 
harmony, in my judgment, can never be 
established by force. Nor can the 
Union, under the Constitution, be main- 
tained by force. The Union was formed 
by the consent of independent sovereign 
States. Ultimate sovereignty still re- 
sides with them separately, which can be 
resumed, and will be, if their safety, 
tranquillity and security in their judg- 
ment require it. Under our system, as I 
view it, there is no rightful power in the 
general government to coerce a State, in 
case any one of them should throw her- 
self upon her reserved rights, and re- 
sume the full exercise of her sovereign 
powers. Force may perpetuate a Union. 
That depends upon the contingencies of 
war. But such a Union would not be 
the Union of the Constitution. It would 
be nothing short of a consolidated des- 
potism. Excuse me for giving you these 
views. Excuse the strong language used. 
Nothing but the deep interest I feel in 
prospect of the most alarming dangers 
now threatening our common country 
could induce me to do it. Consider 
well what I write, and let it have such 
weight with you as, in your judgment, 
under all the responsibility resting upon 
you, it merits." 



THE ADMINISTRATION OF BUCHANAN 



585 



Mr. Lincoln's injunction, " For your 
own eye only," was strictly observed. 
The correspondence was never made 
public, or alluded to by the author to but 
a very few friends, until after his death 
and the war was over. 

The Legislature of Georgia at this 
session subsequently passed an act call- 
ing for a sovereign Convention of the 
people of the State, to be represented by 
delegates, duly elected on the first Mon- 
day in January, 1861 ; and the Conven- 
tion to meet on the 16th day of the 
same month at the seat of government. 
The author was returned, as a delegate, 
to that Convention, with his well-known 
opinions in decided opposition to seces- 
sion as a mode of redress for the griev- 
ances complained of. The Convention 
was full. Every county in the State was 
represented. The whole number of del- 
egates was 301. Several of the ablest 
men of the State, representing both sides 
of the question, were in the body. The 
most prominent on the anti-secession 
side was Herschel V. Johnson, who 
had been United States Senator, twice 
Governor of the State, and had been run 
as a candidate for the Vice-Presidency 
in the recent Presidential election, on the 
Douglas ticket. Benjamin H. Hill, Au- 
gustus H. Kennon, and others of high 
distinction in the State, were also present 
on the same side. While on the seces- 
sion side were Mr. Toombs, Mr. Thomas 
R. R. Cobb, brother of Mr. Howell 
Cobb, who had just retired from the 
Secretaryship of the Treasury of the 
United States, Mr. Eugenius A. Nesbit, 
Francis Bartow, Asbury Hull, and others. 
It was soon ascertained that a decided 
majority of the delegates were in favor 
of secession, especially as it was known 
that South Carolina on the 20th of De- 
cember previous, Mississippi on the 9th | 



of January (1861), Florida on the loth, 
Alabama on the nth, had passed ordi- 
nances of secession. On the 18th of 
January, Mr. Nesbit offered two resolu- 
tions : the first declaring that the State had 
a right to secede, and ought to secede ; 
the second authorizing the appointment 
of a committee to report an ordinance to 
that effect. To these resolutions a sub- 
stitute was offered by ex-Governor John- 
son. It was an elaborate paper, pre- 
pared by, and expressing the views and 
policy of the anti-secessionists.* The 
test vote on Mr. Johnson's substi- 
tute showed a majority of thirty-one 
against it. It was while this substitute 
was under consideration, that the author 
made the following speech, which was 
the only one made by him in that con- 
vention : 

"Mr. President: It is well known 
that my judgment is against secession for 
existing causes. I have not lost hope 
of securing our rights in the Union and 
under the Constitution. My judgment 
on this point is as unshaken as it was 
when the convention was called. I do 
not now intend to go into any arguments 
on the subject. No good could be 
effected by it. That was fully considered 
in the late canvass, and I doubt not 
every delegate's mind is made up on the 
question. I have thought, and still 
think, that we should not take this ex- 
treme step before some positive aggres- 
sion upon our rights by the general gov- 
ernment, which may never occur; or 
until we fail, after effort made, to get a 
faithful performance of their constitu- 
tional obligations, on the part of those 
Confederate States which now stand so 
derelict in their plighted faith. I have 
been, and am still opposed to secession 
as a remedy against anticipated aggres- 



*\Var Between the States, vol. ii., p. 301. 



586 



HISTORY OF THE UNITED STATES. 



Book II, c. 28 



sions on the part of the Federal execu- 
tive or Congress. I have held, and do 
now hold, that the point of resistance 
should be the point of aggression. 

" Pardon me, Mr. President, for tres- 
passing on your time but for a moment 
longer. I have ever believed, and do now 
believe, that it is to the interest of all the 
States to be and remain united under the 
Constitution of the United States, with 
a faithful performance by each of all its 
constitutional obligations. If the Union 
could be maintained on this basis, and 
on these principles, I think it would be 
the best for the security, the liberty, 
happiness, and common prosperity of all. 
I do further feel confident, if Georgia 
would now stand firm, and unite with 
the border States, as they are called, in 
an effort to obtain a redress of these 
grievances on the part of some of their 
Northern Confederates, whereof they 
have such just cause to complain, that 
complete success would attend their 
efforts; our just and reasonable demands 
would be granted. In this opinion I 
may be mistaken, but I feel almost as 
confident of it as I do of my existence. 
Hence, if upon this test vote, which I 
trust will be made upon the motion now 
pending, to refer both the propositions 
before us to a committee of twenty-one, 
a majority shall vote to commit them, 
then I shall do all I can to perfect the 
plan of united Southern co-operation, 
submitted by the honorable delegate 
from Jefferson, and put it in such a shape 
as will, in the opinion of the Convention, 
best secure its object. That object, as I 
understand it, does not look to secession 
by the 16th of February, or the 4th of 
March, if redress should not be obtained 
by that time. In my opinion, it cannot 
be obtained by the 16th of February, or 
even the 4th of March. But by the 16th 



of February we can see whether the 
border States and other non-seceding 
Southern States will respond to our call 
for the proposed Congress or Convention 
at Atlanta. If they do, as I trust they 
may, then that body, so composed of 
representatives, or delegates, or commis- 
sioners as contemplated, from the whole 
of the slaveholding States, could and 
would, I doubt not, adopt either our plan 
or some other, which would fully secure 
our rights with ample guarantees, and 
thus preserve and maintain the ultimate 
peace and Union of the States. What- 
ever plan of peaceful adjustment might 
be adopted by such a Congress, I feel 
confident would be acceded to by the 
people of every Northern State. This 
would not be done in a month, or two 
months, or perhaps short of twelve 
months, or even longer. Time would 
necessarily have to be allowed for a con- 
sideration of the questions submitted to 
the people of the Northern States, and 
for their deliberate action on them in 
view of all their interests, present and 
future. How long a time should be 
allowed would be a proper question for 
that Congress to determine. Meanwhile, 
this Convention could continue its exist- 
ence, by adjourning over to hear and 
decide upon the ultimate result of this 
patriotic effort. 

"My judgment, as is well known, is 
against the policy of immediate Seces- 
sion for any existing causes. It cannot 
receive the sanction of my vote; but if 
the judgment of a majority of this Con- 
vention, embodying as it does the 
sovereignty of Georgia, be against mine; 
if a majority of the delegates in this 
Convention shall, by their votes, dissolve 
the compact of Union which has con- 
nected her so long with her Confederate 
States, and to which I have been so 



THE ADMINISTRATION OF BUCHANAN. 



537 



ardently attached, and have made such 
efforts to continue and perpetuate upon 
the principles on which it was founded, 
I shall bow in submission to that deci- 
sion." 

Upon the direct vote on the passage 
of the ordinance of secession, taken after 
the rejection of Johnson's substitute, 
there were 288 in favor of its adoption, 
and 89 only against it. After the result 
of this vote was announced, Mr.- Linton 
Stephens, a brother of the author — his 
junior by eleven years — who had voted 
against the adoption of the ordinance, 
and who, after his recent resignation of 
his position as one of the Justices of the 
Supreme Court of the State, had become 
a prominent actor in all of these events,* 
drew up a preamble and resolutions, 
which were adopted without a count. 
They are in these words : 

"Whereas, The lack of unanimity in 
the action of this Convention, in the 
passage of the Ordinance of Secession, 
indicates a difference of opinion amongst 
the members of the Convention, not so 
much as to the rights which Georgia 
claims, or the wrongs of which she com- 
plains, as to the remedy and its applica- 
tion before a resort to other means of 
redress : 

"And whereas, It is desirable to give 
expression to that intention which really 
exists among all the members of this 
Convention, to sustain the State in the 
course of action which she has pro- 
nounced to be proper for the occasion, 
therefore, 

"Resolved, That all members of this 
Convention, including those who voted 
against the said ordinance, as well as 
those who voted for it, will sicfn the 



* See Life of Linton Stephens, by James D. Wad- 
dell, and War Between the States, vol. ii v pp. 316 
and 317. 



same as a pledge of the unanimous de- 
termination of this Convention to sustain 
and defend the State, in this her chosen 
remedy, with all its responsibilities and 
consequences, without regard to indi- 
vidual approval or disapproval of its 
adoption." 

The ordinance was accordingly signed 
by every delegate present except six. 
These six entered upon the journal a 
statement wherein they declared their 
purpose to "yield to the will of the 




JUDGE LINTON STEPHENS. 

majority of the people of the State as 
expressed by their Representatives," and 
"pledged their lives, their fortunes, and 
their sacred honor to the defence of 
Georgia," etc. The names of these six 
are James P. Simmons, of Gwinnett, 
James Simmons, of Pickens, Thomas M. 
McRae, F. H. Latimer, Davis Whelchel, 
and P. M. Byrd. 

Thus the Convention became unani- 
mously bound to go with their State and 
abide her fortunes. 



588 



HISTORY OF THE UNITED STATES. 



Book II., c. 



The author will here add that he did 
not attach any serious importance, during 
these agitations, to the fact that the 
equality which had so long been main- 
tained in the number of the non-slave- 
holding and slaveholding States no 
longer existed. It is true the loss of 
that equilibrium, or balance of power, as 
it was called, caused many at the time to 
come to the conclusion that the slave- 
holding States could not, with safety to 
themselves, remain longer in the Union 
without some additional guarantee. This 
we have seen was the belief of Mr. Cal- 
houn. In this view the author did not 
concur. The only true equilibrium be- 
tween the institutions of the several States 
was their recognized sovereignty. The 
doctrine of the M Irrepressible Conflict " 
was the embodiment of centralism. The 
Federal government, in his judgment, so 
far from being weakened, was strengthened 
by the heterogeneous interests of the sev- 
eral States. Nothing tends more to cen- 
tralization of power, even in a separate 
State or Nation, than homogeneousness 
of interests on the part of its constituent 
elements. All progress in governments, 
as well as progressive developments in 
everything else, is marked by successive 
steps from the "simplex to the complex" 
from the homogeneous to the hetero- 
geneous. This is the true law of pro- 
gress in all things — in nature, in art, and 
in science in all their departments. The 
chief safeguards of liberty, in every 
political organization, owe their origin to 
a diversity of pursuits and a conflict of 
interests between its various members. 

This Convention, amongst other ordi- 
nances, passed one for the election of 
delegates by the body to represent the 
State of Georgia in the proposed Con- 
gress of such States as might secede from 
the Union, to be held at Montgomery, in 



the State of Alabama, on the 4th of Feb- 
ruary ensuing. The number of dele- 
gates so determined to be sent was equal 
to the number of Senators and mem- 
bers of the House to which the State 
was then entitled in the Congress of the 
United States. It was under this reso- 
lution, very much to his surprise, that 
the author was unanimously elected a 
delegate to the Montgomery Congress. 
It was a matter of several days' serious 
reflection with him, whether he should 
accept the trust or not. His final deter- 
mination was not made until after the 
Convention, on the 28th of January, with 
great unanimity, adopted the following 
resolutions, which he had drawn up and 
offered for their consideration on that 
day: 

"Resolved, That the delegates sent 
from this State, by this Convention, to 
the proposed Congress to assemble at 
Montgomery, Alabama, on the 4th day 
of February next, be fully authorized 
and empowered, upon free conference 
and consultation with delegates that may 
be sent from other seceding States, to 
said Congress, to unite with them in 
forming and putting into immediate 
operation, a temporary or provisional 
government, for the common safety and 
defence of all the States represented in 
said Congress. Such temporal)' or pro- 
visional government not to extend be- 
yond the period of twelve months from 
the time it goes into operation, and to be 
modelled as nearly as practicable on the 
basis and principles of the government 
of the United States of America. The 
powers of the delegates so appointed 
by this Convention, in this particular, 
being hereby declared to be full and 
plenary. 

"Be it further Resolved, That said dele- 
gates be likewise authorized, upon like 



THE ADMINISTRATION OF BUCHANAN. 



58g 



conference and consultation with the 
delegates from the other States in said 
Congress, to agree upon a plan of per- 
manent government for said States, upon 
the principles and basis of the Consti- 
tution of the United States of America, 
which said plan or Constitution of per- 
manent government shall not be binding 
or obligatory upon the people of Geor- 
gia, unless submitted to, approved, and 
ratified by this Convention." 

We will now return to where we left 
off in the last chapter, and trace the 
great historic events in their rapid pro- 
gress elsewhere. 

CHAPTER XXIX. 

Buchanan's administration — Continued. 

(4th of February, 1861 — 4th of March, 1861.) 

The Peace Congress — Twenty- one States represented 
— Mr. Chase appears as a delegate from Ohio — 
His speech — Its effect — Unequivocally declares 
that the party that elected Mr. Lincoln never 
would regard the decisions of the Supreme Court, 
upon the subject of the powers of Congress to ex- 
clude slavery in the Territories ; and that they 
never would comply with their obligations under 
the Constitution to return fugitives from service — 
The result of the Congress was to widen instead 
of healing the breach between the sections — The 
moral view of slavery — Was it a sin or not ? — Dr. 
Draper's view of what the Southern States had to 
contend against — Invitation of South Carolina for 
Southern Congress to meet at Montgomery, the 4th 
of February, 1861 — The assemblage of that Con- 
gress — The States represented — Provisional gov- 
ernment organized for a year — Officers elected 
under it — Jefferson Davis, President — Alexander 
H. Stephens, Vice-President — The provisional and 
permanent Constitution adopted — The changes in 
these from the Philadelphia Constitution of 1787 — 
All conservative — Mr. Davis' inaugural address — 
His cabinet — Commissioners sent to Washington — 
Commission of South Carolina — Mr. Buchanan's 
refusal to receive them officially — Spirited conver- 
sation between him and them, which was abruptly 
broken off by him — Major Robert Anderson dis- 
mantles Fort Moultrie, spikes the guns, and se- 
cretly at night takes possession of Fort Sumter — 
Changes in the cabinet at Washington — Mr. Cobb, 




General Cass, Mr. Floyd, Mr. Thompson, retire — 
The country in a most unsettled condition — Mr. 
Buchanan's retirement. 

E now come to the consideration 
of matters connected with the 
Peace Congress referred to in 
the chapter before the last. In 
the alarming state of affairs the 
Legislature of Virginia was convened on 
the 7th day of January, 1 861, to devise 
some means of conciliation, if possible, 
either by the adoption of the Crittenden 
proposition, or some other mode of 
peaceful settlement. On the 19th of 
January, that ancient commonwealth 
passed a resolution requesting all the 
States of the Union to send delegates to 
a Convention or Congress, to meet in 
Washington on the 4th day of February, 
to take into consideration the affairs of 
the country, and devise some plan if 
possible by which the Union under the 
Constitution would be preserved, and 
harmony once more restored. To this 
call twenty-one States responded by 
sending delegates, and the Congress as- 
sembled at Washington on the day 
designated. This was known as the 
Peace Congress. 

The States represented were : Maine, 
New Hampshire, Vermont, Massachu- 
setts, Rhode Island, Connecticut, New 
York, New Jersey, Pennsylvania, Ohio, 
Indiana, Illinois, Iowa, Delaware, Mary- 
land, Virginia, North Carolina, Ken- 
tucky, Tennessee, Wisconsin and Kansas. 
The venerable John Tyler, ex-Presi- 
dent of the United States, was chosen 
president. On assuming the chair, he 
made a very able and patriotic address, 
in behalf of the Union, peace, and har- 
mony, upon the principles of the Con- 
stitution. Among his colleagues from 
Virginia were William C. Rives, John 
W. Brockenborough, George W. Som- 



59° 



HISTORY OF THE UN J TED STATES. 



Book II., c. 2'j 



mers, and James A. Seddon, all men of 
ability and distinction. Senator Salmon 
P. Chase appeared as a delegate from the 
State of Ohio. It was generally under- 
stood at the time that he was to be Sec- 
retary of the Treasury under Mr. Lincoln, 
the incoming President. In view of this 
fact and his universally recognized su- 
perior ability, very great interest was felt 
as to the course he should pursue and 
the line of policy he would indicate as 
proper to be taken for harmony. He 




SALMON P. CHASE. 

had from the beginning been one of the 1 
most distinguished leaders of the agita- 
tors or anti-slavery party, and for several 
years had stood foremost among these 
leaders in the United States Senate. Two 
days after the meeting of the Congress, 
on the 6th of February, this Ajax Tel- 
emon of the incoming administration 
took the floor in the Peace Congress, 
and all eyes were turned to him with the 
intensest interest. His speech came far 



short of meeting the hopes of the anxious 
advocates of the Union, who had been 
active in getting up the Congress. In 
all the candor of his nature he declared 
most emphatically to the members of the 
Congress from the Southern States, that 
the Northern States never would fulfil 
that part of the Constitution which re- 
quired the return of fugitives from ser- 
vice. This whole speech was exceed- 
ingly interesting as one of the footprints 
of the momentous events of that day. 
Space will not allow the repro- 
duction on this occasion of but 
a part of it; the truth of history, 
however, forbids the omission of 
that portion of it which is here 
set forth. He said : 

" The result of the national can- 
vass which recently terminated 
in the election of Mr. Lincoln, 
has been spoken of by some as 
the effect of sudden impulse, or 
to some irregular excitement 
of the popular mind ; and it has 
been somewhat confidently as- 
serted, that upon reflection and 
consideration, the hastily formed 
opinions which brought about 
that election will be changed. 
It has been said, also, that sub- 
ordinate questions, of local and 
temporary character, have aug- 
mented the Republican vote and 
secured a majority which could not have 
been obtained upon the National ques- 
tions involved in the respective platforms 
of the parties which divided the country. 
" I cannot take this view of the result 
of the Presidential election. I believe, 
and the belief amounts to absolute con- 
viction, that the election must be re- 
garded as a triumph of the principles 
cherished in the hearts of the people of 
the free States. These principles, it is 



THE ADMINISTRATION OF BUCHANAN 



591 



true, were originally asserted by a small 
party only, but after years of discussion, 
they have, by their own value, their own 
intrinsic soundness, obtained the delib- 
erate and unalterable sanction of the 
people's judgment. 

" Chief among these principles is the 
restriction of slavery within the State 
limits ; not war upon slavery within those 
limits, but fixed opposition to its exten- 
sion beyond them. Mr. Lincoln was the 
candidate of the people opposed to the 
extension of slavery. We have elected 
him. After many years of earnest ad- 
vocacy and of severe trial, we have 
?.chieved the triumph of that principle. 
By a fair and unquestionable majority 
we have secured that triumph. Do you 
think we, who represent this majority, 
will throw it away ? Do you think the 
people would sustain us if we undertook 



Lincoln would not regard this decision 
of the Supreme Court; but then he went 
on to say : 

"Aside from the territorial question — 
the question of slavery outside of the 
slave States — I know of but one serious 
difficulty. I refer to the question con- 
cerning fugitives from service. The 
clause in the Constitution concerning 
this class of persons is regarded by 
almost all men, North and South, as a 
stipulation for the surrender to their 
masters of slaves escaping into free 
States. The people of the free States, 
however, who believe that slaveholding 
is wrong cannot and will not aid in re- 
clamation ; and the stipulation becomes 
therefore a dead letter. You complain 
of bad faith, and the complaint is retorted 
by denunciations of the cruelty which 
has dragged back to pondage the poor 



to throw it away ? I must speak to you slave who has escaped from it. You, 



plainly, gentlemen of the South ; it is 
not in my heart to deceive you. I there- 
fore tell you explicitly, that if we of the 
North and West would consent to throw 
away all that has been 'gained in the 
recent triumph of our principles, the 
people would not sustain us, and so the 
consent would avail you nothing ; and I 
must tell you further that under no in- 
ducements, whatever, will we consent to 
surrender a principle which we believe 
so sound and so important as that of re- 
striction of slavery within State limits." 

This part of the speech was in refer- 
ence to the claims of power on the part 
<>f the Federal government to prevent 
the people of the Southern States from 
going into the common territory with 



thinking slavery right, claim the fulfil- 
ment of the stipulation ; we, thinking 
slavery wrong, cannot fulfil the stipula- 
tion without the consciousness of parti- 
cipation in a wrong. There is a real 
difficulty, and it seems to me not in- 
superable. It would not do for us to 
say to you, in justification of non-per- 
formance, the stipulation is immoral, 
and therefore we cannot execute it ; for 
you denied the immorality, and we 
cannot assume to judge for you. On 
the other hand you ought not to exact 
from us the literal performance of the 
stipulation when you know that we can- 
not perform it without conscious culpa- 
bility. A true solution of the difficulty 
seems to be attainable by regarding it 



their slaves, and which power the Su- as a simple case where a contract, from 
preme Court had decided, four years be- j changed circumstances, cannot be ful- 
fore, the general government had no right filled exactly as made. A court of 
to exercise. He here deliberately as- equity in such a case decrees execution 
serted that the party which elected Mr. as near as maybe. It requires the party 



592 



HISTORY OF THE CXI TED STATES. 



Book II, c. C9 



who cannot perform to make compensa- 
tion for non-performance. Why cannot 
the same principle be applied to the ren- 
dition of fugitives from service ? We 
cannot surrender — but we can compen- 
sate. Why not then avoid all difficul- 
ties on all sides and show respectively 
good faith and good-will by providing 
and accepting the compensation where 
masters reclaim escaping servants, and 
prove the right of reclamation under the 
Constitution ? Instead of a judgment 




II. SEWARD. 

for rendition, let there be judgment for 
compensation determined by the true 
value of the services, and let the same 
judgment assure freedom to the fugi- 
tive. The costs of the national treasury 
would be as nothing in comparison with 
the evils of discord and strife. All par- 
ties would be gainers." 

This speech, backed as it was by a. 
large majority of the delegates from the 
Northern States, blasted all hopes oi'the 
most ardent friends of the Confess of 



any good results attending it. The truth 
is, instead of healing the breach between 
the States, it tended greatly to widen it. 
Whatever might have been thought of 
his suggestion in relation to fugitives from 
service as a proposed compromise to 
induce the Southern States to remain in 
the Union, no one could doubt its une- 
quivocal declaration that the non-slave- 
holding States, then in the majority, 
would not comply with their acknowfc 
edged obligations under the Constitu- 
tion. It was the opinion of one high in 
authority that that part of the Constitu- 
tion was regarded by the party coming 
into power as a dead letter; and besides 
this it was a clear and unequivocal 
declaration that they never would re- 
gard on this subject the decision of the 
Supreme Court of the United States, the 
highest arbiter on all questions of that 
sort. 

Many leading, prominent men at the 
South looked upon this speech made, 
quasi ex cathedra, as an unqualified dec- 
laration that the party coming into power 
would hold this provision of the Consti- 
tution as a dead letter, and that the 
Southern States were, therefore, ab- 
solved from all further obligation on 
their part to the compact of union.* 
This to many appeared conclusive on 
well-settled principles of public law. 
They recollected well, also, that Mr. 
Seward, who was to be Mr. Lincoln's 
Secretary of State, had announced simi- 
lar sentiments in the Senate as early as 
March nth, 1850. In speaking of the 
compact of union between the States 
requiring the rendition of fugitives from 
service, he had said : 

" The law of nations disavows such 
compacts ; the law of nature, written on 
the hearts and consciences of freemen, 



* See Appendix I. 






THE ADMINISTRATION OF BUCHANAN. 



593 



repudiates them. I know that there are 
laws, of various sorts, which regulate 
the conduct of men. There are consti- 
tutions and statutes, codes mercantile 
and codes civil ; but when we are legis- 
lating for States, especially when we are 
founding States, all these laws must be 
brought to the standard of the law of 
God, must be tried by that standard, and 
must stand or fall by it. To conclude on 
this point ; we are not slaveholders. 
We cannot, in my judgment, be either 
true Christians or real freemen if we im- 
pose on another a chain which we defy 
all human power to fasten on ourselves."* 

Mr. Seward, it was understood, was to 
be Mr. Lincoln's Secretary of State. 
From these speeches, as well as from 
divers other sources of reliable informa- 
tion, it was quite apparent that the minds 
of a large class of people in the Northern 
States were thoroughly and deeply im- 
pressed with the full consciousness that 
slavery as it existed in some of the States 
of the Union, and had from the beginning, 
was a great crime in the sight of man, as 
well as in the sight of God. It was, in 
the language of many, the " consumma- 
tion of all iniquity." They had formed 
their fixed determination not to fulfil or 
to allow to be fulfilled within the limits 
of their States their obligations under the 
Constitution in the matter of the rendi- 
tion of fugitives from service. This they 
held would be a violation of their con- 
sciences. They looked upon all public 
men who did stand by the Constitution 
as time-servers, who paid no regard to 
the higher law by which God governed 
the world and to which all human ac- 
tions and laws were subject. 

On the other hand the people of the 
Southern States, it may here be affirmed, 

* Greeley's Am. Conflict, vol. i.,p. 48; also appen- 
dix to Cong. Globe, vol. xxii., part I, p. 263. 
38 



knew of no Christian code regulating 
conscience and morals other than that 
which was set forth in the recognized 
oracles of God himself. The ablest and 
best of them saw nothing sinful or vio- 
lative of the moral law in the relation of 
master and slave as it existed in the 
Southern States, notwithstanding wrongs 
frequently resulted from the abuse of 
that relation. They felt that such 
wrongs were not different in principle 
or character from like wrongs resulting 
from abuses of other relations which re- 
ceived the most general and sacred 
sanction; such as the relations of mar- 
riage, husband and wife, parent and 
child, guardian and ward, and master 
and apprentice, and other like relations 
of servants for a term of years. The re- 
lation of master and slave at the South 
was not an exception to this universal 
rule. The intelligent Southern mind 
recognized fully that the standard of the 
law of God should prevail in all human 
governments; and that this law should 
be the foundation of all human institu- 
tions. They believed that this standard! 
was to be found in the divine oracles as- 
prescribed in the Old and New Testa- 
ment. By that standard the relation of 
master and slave, even in a much more 
abject condition than existed in the 
Southern States, was clearly justified and 
not condemned as founded in sin, or in 
a violation of the law of God; at least 
so Southern Christians interpreted the 
sacred text. Abram, afterward called 
Abraham, the "father of the faithful," 
with whom was made the divine cove- 
nant for the salvation and redemption 
of man from the dominion of sin, was a 
slaveholder. He was enjoined to im- 
part the seal of his everlasting covenant 
not only to those who were born in his 
house, but to those who were " bought 



594 



HISTORY OF THE UNITED STAIES. 



Book II., c. 20 



with his money." It was into his bosom 
in heaven that the poor man who died 
at the rich man's gate was borne by an- 
gels, according to the parable of the 
Saviour. Job certainly was one of the 
best men we read of in the Bible; he 
was a large slaveholder. So, too, were 
Isaac, Jacob, and all the patriarchs. The 
great moral law which defines sin, the 
Ten Commandments given to Moses on 
Mount Sinai, written on stone by the 
finger of God himself, according to the 
creed of all Christian associations, ex- 
pressly recognized slavery, and enjoins 
certain duties of masters towards their 
slaves. The chosen people of God, by 
the Levitical law proclaimed under 
divine sanction, were authorized to hold 
slaves, not of their own race — (of these 
they were to hold bondmen for a term 
of years) — but of the heathen around 
them — they were authorized to buy 
slaves, " bondmen and bondwomen," for 
life, who would be to them an "inheri- 
tance and possession forever." Slavery 
existed when the gospel was preached 
by Christ and his apostles, and where 
they preached it was all around them ; 
and though the scribes and Pharisees 
were denounced by Christ for their hy- 
pocrisy, and robbing widows' houses, 
and divers other sins, yet not a word 
did he utter, as far as we are informed, 
against the sin of slaveholding. On the 
•contrary, he said he had not found so 
■great faith in all Israel as in the slave- 
holding centurion. 

In no place in the New Testament or 
in the Old is the relation of master and 
slave spoken of as sinful. Several of 
the apostles alluded to it, but not one of 
them condemned it as sinful in itself, as 
violative of the laws of God, or even of 
Christian duty. They enjoined the rel- 
ative duties of both masters and slaves. 



Paul sent a fugitive slave, Onesimus, 
back to Philemon, his master. He did 
not consider it in violation of his con- 
science to do this, even when he was 
under no stipulated obligation to do it. 
He frequently alludes to slavery in his 
letters to the churches, but in no case 
speaks of it as sinful. What he says in 
one of his epistles is quite pertinent on 
this occasion in connection with what 
Mr. Chase said of the consciousness of 
the Northern people which forbid them 
to fulfil their obligations under the Con- 
stitution of the United States. In the 
first five verses of chapter vi. of Paul's 
First Epistle to Timothy, he wrote: 

" ist. Let as many servants " {doidoi — 
slaves) " as are under the yoke " (the most 
abject slaves)* "count their own masters 
worthy of all honor, that the name of God 
and his doctrine be not blasphemed. 

" 2d. And they that have believing 
masters " (from Messrs. Chase and Sew- 
ard's idea it would seem that the Northern 
mind could not tolerate such a thing as 
a slaveholding believer; but so, it seems, 
did not think Paul) " let them not de- 
spise " [Katapkroneitosan, that is, as it 
might better be rendered, " think lightly 
of" or "neglect") "them because they 
are brethren; but rather do them service, 
because they are faithful and beloved 
partakers of the benefit. These things 
teach and exhort. 

" 3d. If any man teach otherwise, and 
consent not to wholesome words, even 
the words of our Lord Jesus Christ, and 
to the doctrine which is according to 
godliness ; 

" 4th. He is proud, knowing nothing, 
but doting about questions and strifes 
of words, whereof cometh envy, strife, 
railings, and evil surmises, 

" 5th. Perverse disputings of men of 



* See Robison's Greek Lexicon. 



THE ADMINISTRATION OF BUCHANAN. 



595 



corrupt minds, and destitute of truth, 
suppose that gain is godliness : From 
such withdraw thyself." 

It is not the purpose or object of the 
writer of this history to renew the dis- 
cussions upon the subject of slavery, 
either as to the right or wrong of the 
institution or its evils, or what would 
have been the best mode of removing 
those evils and the amelioration of that 
class of society at the South deemed to 
be most deeply interested in it. These 
were the slaves. Southern statesmen 
and philanthropists looked upon the 
subject of African servitude, as it existed 
with them, more in the light of a polit- 
ico-economic question than that of a 
moral one. They endeavored to establish 
that relation between the two races reg- 
ulated by law, which would promote and 
secure the best interests and greatest 
happiness of both. These matters are 
here presented not to revive any discus- 
sion on these " dead issues," but his- 
torically to show in what light the pre- 
vailing ideas of the Northern States of 
the Union on the then pending questions 
between the sections were considered by 
the people in the Southern States. The 
main object of Southern statesmen was 
the preservation of the Union of the 
States under the Constitution — each 
State faithfully performing its obliga- 
tions assumed by its ratification of that 
compact. The morality of that com- 
pact they did not regard as a subject for 
discussion. No one, North or South, 
doubted, as Mr. Chase said, that accord- 
ing to the bonds of that Union, fugitives 
from service were to be rendered up on 
proper claim. The Southern States did 
not require or request of their Northern 
confederates to do anything in violation 
of their conscience. All they asked of 
them was that if they could no longer 



fulfil their part of the compact, to let 
their Southern sisters depart in peace. 
They could not well understand how the 
consciences of such men as Mr. Chase 
and Mr. Seward and that large class 
they represented could be violated by 
refusing an admitted obligation, and 
not touched with the slightest scruples 
by an open disregard of their oaths vol- 
untarily taken to support the Constitu- 
tion. But after this speech of Mr. Chase, 
the prevailing sentiment among all in- 
telligent and patriotic men of the South- 
ern States was that no alternative was 
left them but to let those States at the 
North who desired it follow the dictates 
of their conscience, and to let those of 
the South do the same.* Mr. Chase's 
proposition to pay for fugitives, by the 
Southern members in Congress, and by 
the South generally, was not regarded 
as at all fair or just. His reference as a 
parallel to the acts in chancery courts in 
cases upon contract where there is 
change of circumstances, was by no means 
in point. In the matter of the rendi- 
tion of fugitives from service there was 
no change in circumstances. There was 
nothing but a change of opinion. The 
parties stood just as they did at the be- 
ginning. One party had changed its 
opinion on a subject in a moral aspect 
of the question, while the other remained 
on that question as it was when the con- 
tract was made. The parallel was with- 
out foothold. But the proposition to 
pay for the dereliction of duty on the 
part of faithless Confederates out of the 
Federal treasury amounted to an offer to 
increase the wrong. In that way the 
people of the Southern States would have 
become equally burdened as those of 
the Northern with the taxes required to 
make good the shortcomings of the 
*See Appendix I. 



HISTORY OF THE UNITED STATES. 



596 

latter. No good came of the Peace 
Congress. Its results rather widened 
than healed the sectional breach. 

"In this connection, as a part of the 
history of those eventful times, and as 
evidence of the strange infatuation and 
dementation of the popular mind," it 
may not be out of place to quote the 
resolution which passed the House of 
Representatives some time afterward and 
after the war commenced. It is quite 
characteristic of that period ; it is in 
these words: 

"Resolved, That as our country and 
the very existence of the best govern- 
ment ever instituted by man, are imper- 
illed by the most causeless and wicked 
rebellion that the world has ever seen, 
and believing, as we do, that the only 
hope of saving this country and preserv- 
ing this government is by the power 
of the sword, we are for the most vigor- 
ous prosecution of the war until the Con- 
stitution and laws shall be enforced and 
obeyed in all parts of the United States; 
and to that end we oppose any armis- 
tice, or intervention, or mediation, or 
proposition for peace from any quarter, 
so long as there shall be found a rebel 
in arms against the government; and 
wc ignore all party names, lines and 
issues, and recognize but two parties in 
this war — patriots and traitors. "* 

This resolution passed by a vote of 
ninety-four in favor of it to sixty-five 
against it. The ninety-four votes all 
belonged to that party for which Mr. 
Chase spoke. Was there ever an in- 
stance in the history of the world of 
such inconsistency? If the Federal 
arms had been directed against those 
who resisted the enforcement of the 
Constitution and laws of the United 
States, with the purpose of preserving 



Book II., c. C9 



• McPherson's History of the Rebellion, p. 298. 



the " best government ever instituted by 
man " as it was founded, and as they 
were sworn to support it, it is exceed- 
ingly wonderful that those should have 
voted for this resolution who would 
have been the very first subjects of 
slaughter. They acknowledged that the 
Constitution, " founding the best govern- 
ment in the world," provided for the 
rendition of fugitives from service. 
They had sworn to support that Consti- 
tution. They positively refused to do it. 
Their States had openly and defiantly, 
as far as they could, nullified and repu- 
diated that obligation. In Vermont, for 
instance, an act was passed by her Leg- 
islature declaring that " every person 
who may have been held as a slave, who 
shall come or may be brought into this 
State with the consent of his or her al- 
leged master or mistress, or who shall 
come or be brought, or shall be in this 
State, shall be free." 

" Every person who shall hold or at- 
tempt to hold, in this State, in slavery, as 
a slave, any free person, in any form, or 
for any time, however short, under the 
pretence that such person is or has been 
a slave, shall, on conviction thereof, be 
imprisoned in the State prison for a term 
not less than five years, nor more than 
twenty, and be fined not less than 
51,000, nor more than 510,000." 

Thirteen States of the North had 
passed similar acts. As to matters of 
good faith between the States, impartial 
history must make up the record that 
the breach was on the part of the North- 
ern States. The South asked nothing 
of her confederates but to defend and to 
maintain the Constitution, as made by the 
fathers, according to its known provi- 
sions, as adjudicated by the highest 
judicial tribunal in the land. Perhaps, 
after all, it might be as well, since the 



THE ADMINISTRATION OF BUCHANAN. 



597 



conflict is over and the result settled, 
that the North and South should both 
as well as the world accept as the true 
solution what Ur. Draper so philo- 
sophically announced in his "History of 
the Civil War of America," vol. i., p. 25 : 

"There is a political force in ideas, 
which silently renders protestations, 
promises, and guarantees, no matter in 
what good faith they may have been 
given, of no avail ; and which makes Con- 
stitutions obsolete. Against the uncon- 
trollable growth of the anti-slavery idea 
the South was forced to contend." 

It was under these circumstances, per- 
haps, that in the madness, the mania of 
the times, good faith, obligations, con- 
stitutional restraints, and everything of 
a moral character were lost sight of under 
that blinded conscience which ignored 
not only human law and human govern- 
ment, but that standard of right between 
man and man set forth in the book of 
Divine revelations. So much for this 
digression. We will now return to the 
narrative of events. 

To keep these as closely connected as 
possible, it is" proper here to note that 
South Carolina, in her ordinance of 
secession, had invited all her Southern 
sister States who might secede, to join 
her in sending delegates to a Congress, 
to be assembled in Montgomery, on the 
4th day of February, 1861. The States 
of Florida, Alabama, Georgia, Louisiana, 
Texas, and South Carolina had passed 
ordinances of secession, as stated in the 
last chapter, and all had sent delegates 
equal in number to their Senators and 
Representatives in Congress of the 
United States. 

It is proper here to note that all the 
Senators and members in the Federal 
Congress, of each of the seceding States, 
resigned their positions as soon as they 



were informed of the actions of their 
States respectively, except one: this 
was Mr. Bouligney, of Louisiana. He re- 
mained in his seat until the expiration 
of his term. 

This proposed Congress met in Mont- 
gomery, Alabama, on the day of the as- 
sembling of the Peace Congress at Wash- 
ington. The delegates from the several 
States were as follows: 

Alabama — Richard W. Walker, 
Robert H. Smith, Colin J. McRae, John 
Gill Shorter, William Parish Chilton, 
Stephen F. Hale, David P. Lewis, 
Thomas Fearn, and Jabez L. M. Curry. 

Florida — Jackson Morton, James B. 
Owens, and J. Patton Anderson. 

Georgia — Robert Toombs, Francis S. 
Bartow, Martin J. Crawford, Eugenius 
A. Nisbet, Benjamin H. Hill, Howell 
Cobb, Augustus R. Wright, Thomas R. 
R. Cobb, Augustus H. Kenan, and Alex- 
ander H. Stephens. 

Louisiana — John Perkins, Jr., Alex- 
ander de Clouet, Charles M. Conrad, 
Duncan F. Kenner, Edward Sparrow, 
and Henry Marshall. 

Mississippi — W. P. Harris, Alexander 
M. Clayton, W. S. Wilson, James T. 
Harrison, Walker Brooke, William S. 
Barry, and J. A. P. Campbell. 

South Carolina — R. Barnwell Rhett, 
R. W. Barnwell, Lawrence M. Keitt, 
James Chesnut, Jr., Christopher G. Mem- 
minger, W. Porcher Miles, Thomas J. 
Withers, and William W. Boyce. 

Texas — Thomas M. Waul, William- 
son S. Oldham, John Gregg, John H. 
Reagan, W. B. Ochiltree, John Hemp- 
hill, and Louis T. Wigfall. 

Of the personnel of this body of men, 
the author may be excused for saying, in 
passing, that, taken collectively, he never 
was associated with an abler one. There 
was in it no one who, in ability, was not 



59« 



HISTORY OF THE UNITED STATES. 



Book II., c. 20 



above the average of the members of 
the House of Representatives of any one 
of the sixteen Congresses he had been in 
at Washington ; while there were several 
who may be justly ranked, for intellectual 
vigor, as well as acumen of thought and 
oratorical powers, amongst the first men 
of the continent at that time. 

They were not such men as revolutions 
or civil commotions usually bring to the 
surface. The) - were men of substance, 
as well as of solid character — men of 
education, of reading, of refinement, and 




JEFFERSON DAVIS. 

well versed in the principles of govern- 
ment. They came emphatically within 
the class styled by Carlyle, "earnest 
men." Their object was not to tear 
down, so much as it was to build up with 
the greater security and permanency. 
The debates were usually characterized 
by brevity, point, clearness, and force. 

On assembling, Howell Cobb, of 
Georgia, who had filled the Speaker's 
chair in the Thirty-first Congress with 



such rare ability, was chosen the presid- 
ing officer of the body, and J. J. Hooper, 
of Alabama, who had acquired an ex- 
tensive reputation from his connection 
with the press and literary publications, 
was elected Secretary. 

One of the first subjects which en- 
gaged the attention of the body after its 
organization was the formation of a tem- 
porary provisional government for the 
States thus assembled. The result of 
their labors in this respect was a new 
Constitution, to be of force for 6ne year, 
which received the unanimous sanction 
of the States assembled, on the 8th day 
of February.* 

The next step was the election of offi- 
cers under that provisional government; 
the result was the unanimous choice of 
Jefferson Davis, of Mississippi, as Presi- 
dent, and of Alexander H. Stephens, of 
Georgia, Vice-President. 

Mr. Davis being in Mississippi, sev- 
eral days elapsed before he reached 
Montgomery. His inauguration did not 
take place until the iSth of February. 
Meanwhile the Congress went on in the 
preparation of a Constitution for a per- 
manent government, which was likewise 
unanimously adopted by the Congress. 
The Constitution tor the permanent gov- 
ernment was to take effect on the 22d 
day of February, 1862.* From its terms 
and provisions, it will be seen it was 
based on the general principles of the 
Federal Constitution framed by the Phil- 
adelphia Convention in 1787, with the 
amendments thereafter adopted. Sev- 
eral changes in the details are noticeable 
— some of the most important of these 
may very properly be specially set forth : 

The first is in the preamble. In this, 
the words " each State acting in its sov- 
ereign and independent character" were 
* See Appendix M. f Ibid. 






THE ADMINISTRATION OF BUCHANAN. 



599 



introduced to put at rest forever the 
argument of the centralists, drawn from 
the preamble of the old Constitution, 
that it had been made by the people of 
all the States collectively, or in mass, 
and not by the States in their several 
sovereign character. 

The official term of the President was 
extended, in the new Constitution, to 
six years instead of four, with a disquali- 
fication for re-election. 

The question of the " Protective 
Policy," as it was called, under the old 
Constitution, was put to rest under the 
new, by the express declaration that no 
duties or taxes on importations from 
foreign nations should be laid to promote 
or foster any branch of industry. Under 
the new Constitution, export duties were 
allowed to be levied with the concur- 
rence of two-thirds of both Houses of 
Congress. 

In passing acts of bankruptcy, it was 
expressly declared that no law of Con- 
gress should discharge any debt con- 
t acted before the passage of the same. 
Considerable controversy had existed on 
this point under the old Constitution. 

The President, under the new Consti- 
tution, was empowered to approve any 
appropriation, and disapprove any other 
appropriation in the same bill, returning 
to the House those portions disapproved 
as in other like cases of veto. 

The impeachment of any judicial or 
other Federal officer, resident and acting 
solely within the limits of any State, was 
allowed by a vote of two-thirds of both 
branches of the Legislature thereof, as 
'well as by the House of Representatives 
of Congress ; the Senate of the Confed- 
erate States, however, still having the 
sole power to try all such impeach- 
ments. 

No general appropriation of money 



was allowed, unless asked and estimated 
for by some one of the heads of depart- 
ments, except by a two-thirds vote in 
both branches of Congress. The object 
of this was to make, as far as possible, 
each administration responsible for the 
public expenditures. 

All extra pay or extra allowance to 
any public contractor, officer, agent, or 
servant, was positively prohibited, as well 
as all bounties. Great abuses had grown 
up under the old system in this partic- 
ular. 

Internal improvements by Congress, 
another subject which had given rise to 
great controversy under the old, were 
prohibited by the new Constitution, but 
Congress was empowered to lay local 
duties, to support lights, beacons, buoys, 
and for the improvement of harbors, the 
expenses to be borne by the navigation 
facilitated thereby. 

The general power of the President 
to remove from office was restricted to 
the extent that he could remove for 
special cause only, and in all cases of 
removal he was required to report the 
same to the Senate, with his reasons, ex- 
cept in the case of the principal officer 
in each of the executive departments, 
and all persons connected with the dip- 
lomatic service. These, and these only, 
he could remove at pleasure, and with- 
out assigning any reasons therefor. 

Citizens of the several States, under 
the new Constitution, were not permitted 
to sue each other in the Federal courts, 
as they are under the old Constitution. 
They were left to their actions in the 
State courts. 

The right of any citizen of one State 
to pass through or sojourn in another 
with his slaves or other property, with- 
ont molestation, was expressly guaran- 
teed. 



6oo 



HISTORY OF THE UNITED STATES. 



Book 11., c. 29 



The admission of other States into the 
Confederacy required a vote of two- 
thirds of the whole House of Represent- 
atives, and two-thirds of the Senate, the 
Senate voting by States, instead of a bare 
majority in each. 

A Convention of the States to consider 
proposed amendments of the Constitu- 
tion was to be assembled for that pur- 
pose upon the call of any three States 
L-gally assembled in their several Con- 
ventions ; and if a Convention so called 
should agree to the proposed amend- 
ments, the vote on them being taken by 
States, and the same should afterwards 
be ratified by the Legislatures of two- 
thirds of the several States, or by Con- 
ventions in them, then the proposed 
amendments were to form a part of the 
Constitution. 

Congress was authorized by law to 
grant to the principal officer in each of 
the executive departments a scat upon 
the floor of either House, with the priv- 
ilege of discussing any measures apper- 
taining to his department. 

And, lastly, the power of Congress 
over the Territories was settled, in ex- 
press language, in opposition both to the 
doctrine of the centralists and the doc- 
trine of " squatter sovereignty," so called. 

These are the more prominent of the 
changes made. Several others will be 
seen upon a close examination ; some 
of them, however, verbal merely. Most 
of the prominent ones noticed emanated 
from Mr. Rhett, the chairman ; a few 
of them from Mr. Toombs. Those pro- 
posed by Mr. Toombs were the ones pro- 
hibiting bounties, extra allowances, and 
internal improvements, with some others 
of less importance. The leading changes 
proposed by Mr. Rhett were the ones 
in relation to the protective policy, the 
Presidential term, the modification upon 



the subject of removal from office, and 
the mode provided for future amend- 
ments. The clause in relation to the 
admission of new States occupied the 
special attention of Mr. Perkins, of Lou- 
isiana. The change in the old Constitu- 
tion, which authorized Congress to pass 
a law to allow cabinet ministers to oc- 
cupy seats in cither House of Congress, 
and to participate in debates on subjects 
relating to their respective departments, 
was the one in which Mr. Stephens took 
most interest. The clause, as it stands, 
did not go so far as he wished. He 
wanted the President to be required to 
appoint his cabinet ministers from mem- 
bers of one or the other Houses of Con- 
gress. This feature in the British Con- 
stitution he always regarded as one of 
the most salutary principles in it. But 
enough on this subject. 

All of these amendments were de- 
cidedly of a conservative character. It 
is true he did not approve of all of them. 
They were all, however, such as in the 
judgment of a majority of these States, 
the experience of seventy years had 
shown were proper and necessary for 
the harmonious working of the system. 
The whole document utterly negatives 
the idea which so many have been active 
in endeavoring to put in the enduring 
form of history, that the Convention at 
Montgomery was nothing but a set of 
"conspirators," whose object was the 
overthrow of the principles of the Con- 
stitution of the United States, and the 
erection of a great "Slavery oligarchy," 
instead of the free institutions thereby 
secured and guaranteed. This work of 
the Montgomery Convention, with that 
of the Constitution for a provisional 
government, will ever remain not only 
as a monument of the wisdom, forecast, 
and statesmanship of the men who con- 



THE ADMINISTRATION OF BUCHANAN. 



601 



stituted it, but an everlasting refutation 
of the charges which have been brought 
against them. These works together 
show clearly that their only leading ob- 
ject was to sustain, uphold, and perpet- 
uate the fundamental principles of the 
Constitution of the United States. 

The Constitution for the permanent 
government was adopted unanimously 
by the seven States represented, on the 
nth of March, 1861. In the meantime, 
however, while the Convention was 
going on with their work, Mr. Davis, 
the President elect under the provisional 
government, had arrived. He in his 
inaugural address on the 18th was 
highly conservative.* This afforded 
additional evidence, if any were wanting, 
to show the objects aimed at by the 
Confederate States in their separation 
from their former associates. It clearly 
showed, as the acts of the Convention 
showed, that these States had quit the 
Union only to preserve for themselves 
at least the principles of the Federal 
Constitution of 1787. Among other 
things he said: 

"With a Constitution differing only 
from that of our fathers, in so far as it is 
explanatory of their well-known intent, 
freed from the sectional conflicts which 
have interfered with the pursuit of the 
general welfare, it is not unreasonable 
to expect that States from which we 
have recently parted may seek to unite 
their fortunes with ours, under the gov- 
ernment which we have instituted. For 
this, your Constitution makes adequate 
provision; but beyond this, if I mistake 
not the judgment and will of the people, 
9 reunion with the States from which 
we have separated is neither practicable 
nor desirable. 

" Should reason guide the action of 

* See War Between the States, p. 341-2-3. 



the government from which we have 
separated, a policy so detrimental to the 
civilized world, the Northern States in- 
cluded, could not be dictated by even the 
strongest desire to inflict injury upon us; 
but if otherwise, a terrible responsibility 
will rest upon it, and the suffering of 
millions will bear testimony to the folly 
and wickedness of our aggressors. 

"We have changed the constituent 
parts, but not the system of our govern- 
ment. The Constitution formed by our 
fathers is that of these Confederate 
States, in their exposition of it; and, in 
the judicial construction it has received, 
we have a light which reveals its true 
meaning. 

"Thus instructed as to the just inter- 
pretation of the instrument, and ever 
remembering that all offices are but 
trusts held for the people, and that dele- 
gated powers are to be strictly construed, 
I will hope, by due diligence in the per- 
formance of my duties, though I may 
disappoint your expectations, yet to 
retain, when retiring, something of the 
good-will and confidence which wel- 
comed my entrance into office." 

At an early date Mr. Davis organized 
his cabinet. 

The Department of State was filled by 
Mr. Toombs, of Georgia. The Treasury 
Department by Mr. Christopher G. 
Mcmminger, of South Carolina. The 
Post-Office Department by Mr. John H. 
Reagan, of Texas. The Navy Depart- 
ment by Mr. Stephen R. Mallory, of 
Florida. The Department of War by 
Mr. Leroy P. Walker, of Alabama. 

The Department of Justice (a new 
department which Congress had created, 
and which was quite an improvement on 
the Washington organization) was filled 
by Mr. Judah P. Benjamin, of Louisiana, 
under the title of Attorney -General. 



Go2 



HISTORY OF THE UNITED STATES. 



Book 1 1 



Mr. Toombs reluctantly consented to 
take the State Department, but ultimately 
yielded on the condition that he was to 
hold it temporarily only. 

On the 15th of February, before the 
arrival of Mr. Davis, Congress had 
passed a resolution declaring its sense, 
" that a commission of three persons be 
appointed by the President elect, as 
early as may be convenient after his in- 



commissioners were appointed and sent 
to Washington very soon after the inau- 
guration of Mr. Davis. This commission 
was constituted of the very best ma- 
terial to accomplish the object, if it could 
be done. It consisted of Mr. John For- 
syth, of Alabama, Mr. Martin J. Crawford, 
of Georgia, and Mr. A. B. Roman, of 
Louisiana. Mr. Forsyth was the son of 
the renowned Georgian of the same 




FORT Mol'l.TRIE. 



auguration, and sent to the government 
of the United States of America, for the 
purpose of negotiating friendly relations 
between that government and the Con- 
federate States of America, and for the 
settlement of all questions of disagree- 
ment between the two governments, 
upon principles of right, justice, equity, 
and good faith." 

In pursuance of this resolution, three 



name, who had at one time been envoy 
and minister plenipotentiary to Spain, 
and had afterwards w on such distinction 
as the leader of General Jackson's ad- 
ministration in the Senate of the United 
States, in 1834 and 1835, against the 
combined assaults of the great trio, Mr. 
Clay, Mr. Calhoun, and Mr. Webster. 
This commissioner had also, himself, 
been in the diplomatic service of the 






i^^o 




INAUGURATION OF JEFFERSON DAVIS. 



(6o 3 ) 



604 



HJS10RY OF THE UNITED STATES. 



Book 11., c '.3 



United States, as minister to Mexico. 
Mr. Crawford was a member of the pro- 
visional Congress from Georgia. He 
had served several years in the old Con- 
gress with marked ability and distinction. 
Mr. Roman was ex-Governor of Louisi- 
ana, and was a gentleman of fortune, of 
education, and most agreeable manners. 
These commissioners were clothed with 
plenary powers to open negotiations for 
the settlement of all matters of joint 
property, forts, arsenals, arms, or prop- 
erty of any other kind within the limits 



now before proceeding further to note 
some facts that had transpired before 
and elsewhere. South Carolina, soon 
after her ordinance of secession, had 
sent a like commission to that which 
Georgia had just sent to Washington. 
They went for the purpose of peacefully 
negotiating with Mr. Buchanan's admin- 
istration for the evacuation of the Fed- 
eral forts within her limits. A short 
time before the passage of her ordi- 
nance of secession by South Carolina, 
several members of Congress from that 




FORT SUMTER IN lS6l. 



of the Confederate States, and all joint State called upon Mr. Buchanan to give 



liabilities with their former associates, 
upon principles of right, justice, equity, 
and good faith. 

Messrs. Crawford and Forsyth left 
Montgomery for Washington immedi- 
ately on their appointment. Mr. Ro- 
man joined them soon afterward. The 
result of this mission will be treated of 
hereafter. 



him assurance, in anticipation of the 
State secession, that there would be no 
attempt to interfere with the United 
States forts and arsenals within her 
limits, until the matter should be ami- 
cably adjusted, and inquired if in the 
meantime he would let matters remain 
as they were, until a peaceful adjustment 
should be made as stated. They under- 



Mcantime while these events were stood him to say that all things should 
transpiring at Montgomery, it is proper j remain as they were ; that is, that the 



THE ADMINISTRATION OF BUCHANAN. 5qk 

existing status in a military point of j and Buchanan, that the military status 
view should not be changed by him. j should not be changed at least until a 
After the ordinance of secession, when proposition for a peaceful adjustment 
the State, by virtue of her eminent do- between the Confederate States and the 
main, had assumed her right of jurisdic- United States government could be 



tion over all these forts and arsenals, and 
sent her commissioners, Messrs. Robert 
W. Barnwell, James H. Adams and James 
L. Orr, to Washington to negotiate 
upon the subject as above stated ; these 
commissioners on their arrival there, on 
the 26th day of December, were very 



submitted and decided. 

This change of status, therefore, was 
the first thing that occupied the atten- 
tion of the commissioners. Mr. Bu- 
chanan refused to receive them in their 
official character. But a spirited, unoffi- 
cial correspondence ensued, which it is 



much surprised and astonished to learn ' needless to set forth here in detail ; suf- 




FORT PICKENS. 



that after they had set out on their mis- 
sion, Major Robert Anderson, who had 
been occupying Fort Moultrie with a 
small force for some time, had secretly 
at night changed his position by evacua- 
ting Fort Moultrie, spiking his guns, 
burning his gun carriages, etc., and taken 
possession of Fort Sumter, the strong- 
est fortification in the harbor of Charles- 
ton. This movement had created great 
excitement in Charleston, and through- 
out the State ; they regarded it as a viola- 
tion of the understanding between the 
South Carolina members of Congress 



fice it to say it was broken abruptly off 
by Mr. Buchanan on the first day of 
January, 1861. 

A little before and about this time 
also, several changes took place in the 
Cabinet; Mr. Howell Cobb resigned the 
Treasury; General Cass, the State De- 
partment, and Mr. Floyd, the War De- 
partment ; Mr. Thompson, the Interior 
Department, and Jeremiah Black was 
transferred from Attorney-General to 
State Department, everything showing 
an unsettled state of the public mind 
with ominous portents for the future. 



6o6 



HISTORY OF THE UXITED STATES. 



Book II c. 30 



The debates in the House and Senate 
also continued with an increase rather 
than an abatement of excitement. 

The seceded States had in the mean- 
time peacefully taken possession of all 
the forts within their limits except Fort 
Sumter, in Charleston harbor, and Fort 
Pickens at Pensacola, in Florida, which 
they had transferred to the Confederate 
States. No attempt was made by the 
Federal Government to take or repossess 
them. Such was the state of things in 
Washington and the country generally 
when Mr. Buchanan's term expired on 
the 4th of March, i86l, after which he at 
once retired to Wheatland, his country 
home, in Pennsylvania. 

CHAPTER XXX. 

ADMINISTRATION OF LINCOLN — FIRST YEAR 

OF THE WAR BETWEEN THE STATES. 

(4th March, 1861 — 1st January, 1S62.) 

1 1 is inaugural — The cabinet — Confederate commis- 
sioners' note to Mr. Seward, Secretary of State — 
Mis reply to Judge Campbell, of the Supreme 
Court — Commissioners deceived — Fleet fitted out 
at New York to relieve Sumter in violation of 
pledge given the commissioners — Commissioners 
leave Washington — Judge Campbell resigns place 
on Supreme Court bench — Bombardment of Fort 
Sumter — Beauregard commands Confederate forces 
— Major Robert Anderson commands the Federal 
garrison — Anderson capitulates — President Lin- 
coln issues proclamation for 75,000 troops and for 
an extra session of Congress — Charge on the Fed- 
eral side that the Confederates had begun the war 
— Confederates maintain that the war was begun 
v hen the hostile fleet was sent to reinforce Fort 
Sumter, " peaceably, if permitted, but forcibly, if 
necessary " — " The aggressor in a war not the force 
who uses force, but the first who renders force 
necessary" — President Lincoln's call for troops 
met by a similar call by the government at Mont- 
gomery for volunteers to repel aggressions — Presi- 
dent Lincoln's call without authority of law — 
Creates great excitement in the border States — 
Virginia, North Carolina, Tennessee, and Arkan- 
sas secede from the Federal Union and join the 
Confederate — Riot in Baltimore — A second and 
third proclamation by President Lincoln, ordering 



a blockade of the ports of the seceded States, and 
increasing the regular army and the navy without 
authority of law — These were succeeded by a 
fourth, suspending habeas corpus in certain locali- 
ties — Great number of citizens arrested — The case 
of John Merryman — The decision of the chief- 
justice defied by the military — Lettres de Cachet 
by cabinet officers — Mr. Seward's remark to Lord 
Lyons — Seat of Confederate government trans- 
ferred to Richmond — The death of Stephen A. 
Douglas — His last words — Opposed to the policy 
of Mr. Lincoln — Federal Congress meets 4th July 
— His last speech in the Senate — President Lin- 
coln's acts not legalized, but excused by the Fed- 
eral Congress — 525,000 men and $500,000,000 
appropriated by Federals to prosecute the war — 
Death of Ellsworth at Alexandria — Engagements 
at Grafton, Phillipi, Big Bethel, Rich Mountain, 
Laurel Hill, Carrick's Ford, Acary Creek, and the 
first great battle of Manassas — Confederate Con- 
gress at Richmond — Toombs resigns secretaryship 
of State — Appointed brigadier-general — Robert 
M. T. Hunter succeeds him — General Scott re- 
lieved from further active duty — His place filled 
by McClellan — Victories of Federals in North 
Carolina — Victory of Confederates at Leesburg 
and at Cheat Mountain Pass — Federals take Port 
Royal, South Carolina — State of things in Mis- 
souri — Confederate victories at Carthage and Oak 
Hill — General Lyon killed — General Price takes 
Lexington — Battle at Belmont — Confederate elec- 
tions for President and Vice President, under con- 
stitution for permanent government — General Rob- 
ert Lee assigned to duty for South Carolina and 
Georgia — The affair of the Trent — Slidell and 
Mason, Confederate commissioners, seized by Cap- 
tain Wilkes, United States Navy — Federal govern- 
ment disavows the act — Commissioners released — 
Provisional government in Kentucky — Confederate 
privateers — No exchange of prisoners — Every 
proposition with this object made by Confederates 
rejected by the Federals — Close of first year of the 
war. 



KJJIftBRAHAM LINCOLN, of Illi- 
nois, Sixteenth President of the 
United States, was duly inau- 
gurated on the 4th of March, 
1 86 1, aged fifty-two years and 
twenty days. Borne in an open carriage, 
he was escorted and guarded from Wil- 
lard's Hotel to the Capitol, by an armed 
military force, under the direction of 



THE ADMINISTRATION OF LINCOLN. 



607 



Winfield Scott, the general-in-chief of 
the army of the United States. The 
oath of office was administered by Chief- 
Justice Taney, in the presence of an 
audience estimated at 10,000. His in- 
augural address was read from a manu- 
script. It indicated no decisive policy, 
except the maintenance of the " Union," 
which he claimed to be " older than the 
States," and his purpose to collect the 
public revenues at the ports of the 
seceded States, as well as to " hold, 
occupy, and possess " all the forts, arse- 
nals, and other public property before 
held by the Federal authorities. 

The new cabinet consisted of William 
H. Seward, of New York, Secretary of 
State; Salmon P. Chase, of Ohio, Sec- 
retary of the Treasury ; Simon Cameron, 
of Pennsylvania, Secretary of War; 
Gideon Welles, of Connecticut, Secre- 
tary of the Navy ; Caleb B. Smith, of 
Indiana, Secretary of the Interior; Mont- 
gomery Blair, of Maryland, Postmaster- 
General ; and Edward Bates, of Missouri, 
Attorney-General. 

On the 1 2th of March the Confederal 
States commissioners, who had reached 
Washington, as stated, not in time to 
hold communication with the outpoint! 
President, waited until the 12th of April, 
when they addressed a note to Mr. 
Seward, Secretary of State, setting forth 
the character and object of their mission. 
In it they said : 

" The undersigned are instructed to 
make to the government of the United 
States overtures for the opening of ne- 
gotiations, assuring the government of 
the United States that the President, 
Congress, and people of the Confederate 
States earnestly desire a peaceful solu- 
tion of these great questions ; that it is 
neither their interest nor their wish to 
make any demand which is not founded 



in strictest justice, nor do any act to in- 
jure their late confederates." 

This was replied to verbally and in- 
formally, through Mr. Justice John A. 
Campbell, of the Supreme Court of the 
United States. He was a citizen of Ala- 
bama, on terms of personal friendship 
with the commissioners, and exceedingly 
anxious to effect a reconciliation, if pos- 
sible. Mr. Seward selected him as a 
proper intermediary. In this way the 
commissioners were given to understand, 
by the most positive assurances, that 




ABRAHAM LINCOLN. 



Mr. Seward was " in favor of peace," 
and that an immediate official answer to 
the note of the commissioners would 
" be productive of evil, not of good ;" 
that " Fort Sumter, in Charleston har- 
bor, would be evacuated in less than ten 
days, even before a letter could go from 
Washington to Montgomery;" and, "as 
regarded Fort Pickens, in Florida, notice 
would be given of any design to alter 



6o8 



HISTORY OF THE UNTIED STAVES. 



Book II., c "0 



the status there."* Forts Sumter and put to sea, under sealed orders, from that 
Pickens were the only ones at this time | port and Norfolk, early in April. When 
held by the Federal authorities within j this became known also, as it did in a 
the limits of the Confederate States that few days, apprehensions were immedi- 
they felt anxious about. Relying im- ately entertained by the commissioners 
plicitly on these assurances, the commis- and others that it was intended for the 
sioners forebore to press an immediate reinforcement of Fort Sumter. The corn- 
reply to their note.f In the meantime, , missioners waited upon Judge Campbell 
however, it became known that the most I to know if he could get any information 

upon this point. On the 
7th of April Judge Camp- 
bell addressed a letter to 
Mr. Seward, asking if the 
assurances which he had 
given were well or ill- 
founded. Mr. Seward's 
reply was : " Faith as to 
Sumter fully kept ; wait 
and see." This was after 
the fleet had put to sea, 
and when it was near the 
harbor of Charleston for 
the purpose of reinforc- 
ing and provisioning Fort 
Sumter, "peaceably, if 
permitted ; otherwise, by 
force." The actual state 
of things was not known 
to the commissioners 
until the 8th of April. 
On the next day, the 9th, 
they addressed Mr. Sew- 
ard another note, in 
which they said that the 
sending of the fleet to 
reinforce Fort Sumter, 
arrival of PRESIDENT Lincoln at the capitol. under the circumstances, 

active war preparations were going on in I was viewed by them, and could only 
the navy-yard at New York. A squad- ! be received by the world, as " a decla- 
ron of seven ships, carrying two hundred I ration of war against the Confederate 




and eighty-five guns and two thousand 
four hundred men, was fitted out, and 



* See copy of entire correspondence, Appendix N. 
f See also War between the States, vol. ii., pp. 
346, y\1,et seq. 



States." 

From subsequent disclosures, it ap- 
pears that it was the intention of Mr. 
Lincoln to withdraw the Federal forces 
from Fort Sumter, at an early day, when 



THE ADMINISTRATION OF LINCOLN. 



assurance to that effect was given ; but 
when this intention became known in 
party circles, the governors of seven 
of the Northern States, which were 
under the control of the agitators, as- 
sembled in Washington, and prevailed 
on him to change his policy. It was 
after this that the war preparations men- 
tioned were secretly commenced and 
carried on ; and " faith as to Sumter " 
was only so far " kept " as to give notice, 
on the 8th of April, not to the Confed- 
erate Commissioners, but to Governor 
Pickens, of South Carolina, of a change 
of the policy of the administration in 
regard to the assurance given, and after 
the fleet was on its way to reinforce the 
fort, as stated. Judge Campbell com- 
plained of the treatment he had received 
of Mr. Seward, but could get no reply 
or explanation. Believing in the right- 
fulness of the Southern cause, he soon 
after resigned his seat on the Supreme 
Court bench. Fort Sumter at the time 
was commanded by Major Robert An- 
derson, of the United States army, as 
stated, with a force less than one hundred 
and with a very short supply of pro- 
visions. 

General Gustave T. Beauregard was in 
command of about 6,000 Confederate 
volunteer troops in Charleston at the 
time, collected for the purpose of defend- 
ing the place. Governor Pickens in- 
formed him of the notice he had received. 
This was telegraphed by Beauregard to 
the authorities at Montgomery. The 
Secretary of War there replied, by order- 
ing Beauregard, " if he had no doubt of 
the authenticity of the notice of the 
intention of the Washington government 
to supply Fort Sumter by force, to de- 
mand at once its evacuation ; and if this 
should be refused, to proceed to reduce 
it." On the 1 ith of April the demand 
39 



609 

for its evacuation was made. Major 
Andersen, in writing, stated that the 
demand would not be complied with ; 
but added verbally to the messenger, " I 
will await the first shot, and if you do 
not batter us to pieces, we will be starved 
out in a few days." This written reply, 
as well as the verbal remarks accom- 
panying it, was forthwith sent by General 
Beauregard to the Secretary of War at 
Montgomery, who returned the following 
response : " Do not desire needlessly to 
bombard Fort Sumter. If Major An- 
derson will state the time at which, as 
indicated by himself, he will evacuate, 
and agree that, in the meantime, he will 
not use his guns against us, unless ours 
should be employed against Fort Sumter, 
you are authorized thus to avoid the effu- 
sion of blood. If this or its equivalent 
be refused, reduce the fort as your judg- 
ment decides most practicable." This 
was communicated to Major Anderson. 
He refused to accede to the terms. The 
fleet was approaching; some of Beaure- 
gard's batteries and forces were between 
it and Fort Sumter. Should it arrive, 
while Anderson still held the fort, they 
would be exposed to attack in the rear 
as well as in the front. He therefore 
gave Major Anderson notice that he 
would, at an early specified hour, proceed 
to compel him to withdraw from the fort. 
He accordingly opened fire upon it at 
4.30 on the morning of the 12th of April. 
This was returned by the guns of the 
fort. The fleet came near, but took no 
part in the action. The bombardment 
lasted for thirty-two hours. Major An- 
derson then agreed to capitulate. Most 
liberal and honorable terms were granted ; 
the entire garrison, eighty in all, officers 
and men, were permitted to be marched 
out with their colors and music; all 
private as well as company property was 



6io 



HISTORY OF THE UNITED STATES. 



B' ok II., c. 30 



allowed to be taken by those to whom it 
belonged. As Providence ordered it, not 
a life was lost in this memorable and 
most frightful combat. The firing, on 
both sides, at some times, particularly at 

. was represented by those who 
witnessed it as " most grand and terrific." 
It was but the precursor, however, of 
many scenes of like character, not less 
grand and terrific, but infinitely more 
frightful and memorable, from the loss 
of life and effusion of blood attending 
them. 

This was the beginning of a war be- 
tween the States of the Federal Union, 
which has been truly characterized as 
" one of the most tremendous conflicts 
on record." The din of its clangor 
reached the remotest parts of the earth, 
and the people of all nations looked on, 

bur years and upwards, in wonder 
and amazement, as its gigantic propor- 
tions loomed forth, and its hideous en- 
gines of destruction of human life and 
everything of human structure were ter- 
ribly displayed in its sanguinary pro- 
gress and grievous duration. 

Much lias been said about the begin- 
ning of this war: upon this point there 
has been crimination and recrimination; 

Confederates have been charged by 
the Federals with having begun it, by 
firing the first gun on Sumter, while 
the Confederates have always main- 
tained that, in personal or national con- 
flicts, it is not he who strikes the first 
blow or fires the first gun that inaugu- 
rates or begins the conflict. On their 
i ide stands the high authority of Hallam, 
who maintains that the aggressor in a 
war — " that is, he who begins it" — " is 
not the first who uses force, but the first 
who renders force necessary."* The 

* Hillam's Constitutional History of England, vol. 
11.. p. 219. 



Confederates maintained that the war 
was inaugurated, though no blow had 
been struck, when the hostile fleet styled 
the relief squadron, before referred to, 
with a heavy force and armament, set 
out from New York and Norfolk, with 
their orders from the authorities at 
Washington, to reinforce Fort Sumter, 
"peaceably," if permitted, but "forci- 
bly " if necessary, which the Confederate 
commissioners had announced to Mr, 
Seward they regarded as a declaration 
of war. 

But about this war — its origin, causes, 
conduct, guilt, crimes, consequences, and 
results, as well as its sufferings, sacrifices, 
and heroic exploits — many volumes have 
already been published, and many more 
will doubtless b'e published. It is the 
purpose of the author of this work, how- 
ever, as an actor in the scenes, to give, 
in this connection, a clear and accurate 
account of all those great events, civil 
and military, which marked this great 
historic epoch, with such comments as 
will be proper for an elucidation of its 
social results and effects upon the organic 
structure of the government. 

The telegraphic announcement of the 
fall of Sumter enabled the agitators to 
inflame the minds of the people of the 
Northern States under their influence to 
a higher pitch than ever, and to add tu 
their ranks large accessions from the 
ranks of the Democratic and American 
parties. A cry was now raised by them 
for a maintenance of that Union which 
many of them had before denounced as 
" a covenant with death, and an agree*) 
ment with hell," and which was founded 
upon a compact with the acknowledged 
obligations of which Mr. Chase had 
solemnly declared that the)' on their 
part could never conscientiously comply. 
Upon the Confederates was charged the 




PORTRAITS OF PROMINENT CONFEDERATE GENERALS. 



(611) 



6l2 



HISTORY OF THE UXITED STATES. 



B« OK II. c. 30 



j^uilt of a desecration of the national within its limits — that the Federal au- 
flag, and with it the crime of treason, thorities had no rightful military juris- 
The beginning of the war, with all its re- diction over the soil upon which Fort, 
sponsibilitics, was laid at their door as Sumter was erected, except by the con- 
stated. Mr. Lincoln, on the 15th of sent of the State of South Carolina. 



April, issued a proclamation calling for 
75,000 troops, and convening Congress 
to meet in extra session on the 4th of 
July. Thus stood the case on one side. 
On the other, the Confederates main- 
tained that the silencing by them of the 
guns of Sumter was only an act of de- 
fence in anticipation of an approaching 
attack from a hostile fleet, as announced 
by the notification to Governor Pickens 



This was 'expressly stipulated in the 
constitutional compact, and when South. 
Carolina had reassumed her sovereign 
jurisdiction over her entire territory, the 
possession of this fort (erected by her 
consent, for the protection of her own 
chief city, as well as the common defence 
of the other States) justly belonged to 
her. They maintained further that she 
and her new confederates had the rieht. 




of the intention of the Federal authori- [ legally and morally, to claim and take 

possession of it, and that any at- 
tempt by force to resist the exer- 
cise of this right by any other 
power was an act of war upon her 
and them. Mr. Lincoln's call for 
troops, therefore, was met by the 
government at Montgomery by a 
similar call for volunteers to re- 
pel aggressions. So matters stood' 
on both sides. 

The Congress also adopted a 
Confederate flag, which differs 

THE CONFF.DFRATK FLAG. y C iy little from tllC flag of the 

ties to " reinforce Fort Sumter, peaceably, ' United States. Instead of thirteen stripes, 
if permitted, but forcibly, if necessary." it consisted of but three large bars. The 
This they regarded as a declaration of blue-ground was the same. On the 
war, already initiated by the Federals as Confederate flag, seven stars appeared,, 
stated. They held that the war was, in designating the number of the States in 
fact, begun when this fleet put to sea for their Union, just as the stars of the Fed- 
the purpose stated, and that it was for- eral flag represent the number of the 
mally declared by the notification given. States in the Federal Union. 

They held that under the Constitution ; Mr. Lincoln's call for troops without 
of 1787, by which the previously exist- authority of law excited no less alarm 
ing Federal Union between the States than indignation in the border States of 
had been strengthened and made " more Mankind, Virginia. North Carolina, Ten- 
perfect," the sovereignty of the several ncssee, Kentucky, Arkansas, and Mis- 
states was still reserved by the parties , souri. Denunciatory replies were made 
respectively, and with it the right of to this call by the governors of most of 
eminent domain was retained bv each them. Four of these, to wit, Virginia 







PORTRAITS OF PROMINENT FEDERAL GENERALS. 



(613) 



614 



HISTORY OF THE UXITED STATES. 



Book II., c. O 



"ii the 17th of April), Arkansas (on the 
6th of May), North Carolina (on the 
20th of May — the eighty-sixth anniver- 
sary of her celebrated Mecklenburg 
Declaration of Independence), and Ten- 
nessee (on the 8th of June), by sovereign 
Conventions of their people, withdrew 
from the Federal Union, and subse- 
quently became separate members of the 
new Confederation. The reply of Gov- 
ernor Letcher, of Virginia, to Mr. Lin- 
coln's call for the quota of Virginia was 
that "it would not be furnished for any- 
such purpose — an object which in his 
judgment was not within the purview of 




CAPITOL AT RICHMOND, VIRGINIA. 

the Constitution or the laws." Governor 
McGoffin, of Kentucky, replied : " Ken- 
lucky will furnish no troops for the 
wicked purpose of subduing her sister 
Southern States." Governor Harris, of 
Tennessee, replied : " Tennessee will not 
furnish a man for the purposes of coer- 
cion, but fifty thousand, if necessary, for 
the defence of our rights and those of 
our Southern brothers." 

Very different was the effect of the 
Federal executive's call for troops else- 
where. It was promptly responded to 
by the " seven governors " of the North- 
ern States before mentioned. Within a 
feu days, their organized, equipped and 



trained bauds were on their way to the 
seat of war, with all the speed that steam 
could afford. As some of them passed 
through Baltimore, a bloody riot oc- 
curred between them and citizens of 
that place on the 19th of April, in 
which several lives were lost on both 
ides. 
On the same day of the riot in Balti- 
more, Mr. Lincoln issued another proc- 
lamation, ordering a blockade of all the 
ports of the seceded States. This was 
succeeded on the 3d of May by a third 
proclamation ordering an increase to the 
regular Federal army of 64,748 men, and 
an increase to the navy of 18,000 sea- 
men. This was followed by a fourth 
proclamation on the 10th of May, author- 
izing the suspension of the privilege of 
the writ of habeas corpus in certain local- 
ities. Similar authority was soon after 
given to most of the Federal generals 
commanding in their respective districts. 
Under these executive orders, great 
numbers of citizens were arrested and 
put in close confinement without any 
charge or accusation. Application for 
redress was made to the venerable Taney, 
Chief-Justice of the United States, in the 
case of John Merryman. This high 
judicial officer held the executive edict 
j to be unconstitutional, and ordered the 
discharge of the prisoner. The decision 
was set at defiance. Members of the 
cabinet issued "Let/res de cachet" at will. 
It was about this time that Mr. Seward 
is reported to have said to Lord Lyons. 
tin- British minister at Washington, " I 
can touch a bell at my right hand, and 
order the arrest of a citizen of Ohio ; 1 
can touch the bell again, and order the 
arrest of a citizen of New York. Can 
Queen Victoria do as much ? " Some 
time after, the Legislature of Mar) land 
was prevented from meeting by the 



THE ADMINISTRATION OF LINCOLN. 



arrest and imprisonment of its most 
prominent members by order of the Sec- 
retary of War. No criminal charge was 
then or afterwards brought against them. 

On the 2 1 st of May, after the secession 
of Virginia, the seat of government of 
the Confederate States was transferred 
to Richmond, the capital of that State. 

Mr. Toombs, soon after, in pursuance 
of the understanding when he accepted 
it, resigned his position in the cabinet, 
and took a commission as brigadier- 
general in the army. Mr. Robert M. T. 
Hunter succeeded him in the State De- 
partment. 

On the 3d of June of this year the 
country sustained an irreparable loss in 
the death of Stephen A. Douglas. After 
a short illness, he died at his residence 
in Chicago, in the prime of manhood, at 
forty-eight years of age. His last words 
were expressed in a message to his two 
sons, Robert and Stephen, then at col- 
lege, " to obey the laws and support the 
Constitution of the United States." In 
his last great speech on the 15th of 
March before, in the Senate, against the 
coercive policy, avowed by the Republi- 
can party at the time, amongst other 
things, he said : 

"But we are told that the President is 
going to enforce the laws in the seceded 
States. How? By calling out the mili- 
tia and using the army and navy ! These 
terms are used as freely and as flippantly 
as if we were in a military government 
where martial law was the only rule' of 
action, and the will of the monarch was 
the only law to the subject. Sir, the 
President cannot use the army, or the 
navy, or the militia, for any purpose not 
authorized by law; and then he must do 
it in the manner, and only in the manner, 
prescribed by law. What is that ? If 
there be an insurrection in any State 



615 

against the laws and authorities thereof, 
the President can use the military to put 
it down only when called upon by the 
State Legislature, if it be in session, or, 
if it cannot be convened, by the gov- 
ernor. He cannot interfere except when 
requested. If, on the contrary, the in- 
surrection be against the laws of the 
United States instead of a State, then 
the President can use the military only 
as a posse comitatus in aid of the marshal 
in such cases as are so extreme that 
judicial authority and the powers of the 
marshal cannot put down the obstruc- 
tion. The military cannot be used in 
any case whatever, except in aid of civil 
process to assist the marshal to execute 
a writ. I shall not quote the laws upon 
this subject; but if gentlemen will refer 
to the acts of 1795 and 1807, tne y will 
find that, under the act of 1795, the 
militia only could be called out to aid in 
the enforcement of the laws when resisted 
to such an extent that the marshal could 
not overcome the obstruction. By the 
act of 1807, the President is authorized 
to use the army and navy to aid in en- 
forcing the laws in all cases where it was 
before lawful to use the militia. Hence 
the military power, no matter whether 
navy, regulars, volunteers, or militia, 
can be used only in aid of the civil 
authorities. 

" Now, sir, how are you going to 
create a case in one of these seceded 
States, where the President would be 
authorized to call out the military? You 
must first procure a writ from the judge 
describing the crime; you must place 
that in the hands of a marshal, and he 
must meet such obstructions as render 
it impossible for him to execute it; and 
then, not till then, can you call upon the 
military. Where is your judge in the 
seceded States? Where is your mar- 




(6i6^ 



PORTRAITS <-F SOME OF THE r.ENFRAI.S OF THE ARMY OF THE I 




THE ADMINISTRATION OF LINCOLN. 



shal ? You have no civil authorities 
there, and the President, in his inaugural, 
tells you he does not intend to appoint 
any. He said he intended to use the 
power confided to him, to hold, occupy, 
and possess the forts, and collect the 
revenue; but beyond this he did not in- 
tend to go. You are told, therefore, in 
the inaugural, that he is going to appoint 
no judges, no marshals, no civil officers, 
in the seceded States, that can execute 
the law; and hence, we are told that he 
does not intend to use the army, the 
navy, or the militia, for any such pur- 
pose. Then, sir, what cause is there for 
apprehension, that the President of the 
United States is going to pursue a war 
policy, unless he shall call Congress for 
the purpose of conferring the power and 
providing the means ? I presume no 
Senator will pretend that he has any 
authority, under the existing law, to do 
anything in the premises except what I 
have stated, and in the manner I have 
stated. If I am mistaken in regard to 
these laws, I shall be obliged to any 
Senator who will correct me. I have 
examined them carefully, and I think I 
have stated them accurately ; but if not, 
T should like to be corrected. 

"But it may be said that the President 
of the United States ought to have the 
power to collect the revenue on ship- 
board, to blockade the ports, to use the 
military to enforce the law. I say, it 
may be said he ought to have that power. 
Be that as it may, the President of the 
United States has not asked for that 
power. He knew that he did not pos- 
sess it under the existing laws — for we 
are bound to presume that he is familiar 
with the laws which he took an oath to 
execute. We are bound to presume that 
he knew, when he spoke of collecting 
revenue, that he had no power to collect 



617 

it on shipboard, or elsewhere than at 
the ports. We arc bound to presume 
that, when he said he would use the 
power confided to him to hold, occupy, 
and possess the forts and other property 
of the United States, he knew he could 
not call out the militia for any such pur- 
pose, under the existing law. We are 
bound to presume that he knew of this 
total absence of power on all these ques- 
tions." * 

In this speech Mr. Douglas was no 
less accurate in his facts than he was 
correct in his position upon the laws and 
the Constitution. In clearness of con- 
ception, in logical conclusions, with un- 
yielding inflexibility to principle, and in 
patriotic devotion to the Union of the 
States, under the Constitution,' Mr. 
Douglas had no superior in this country 
in his day. 

The Federal Congress, in pursuance 
of the proclamation of Mr. Lincoln, as- 
sembled in Washington on the 4th of 
July. Attempts were made to pass reso- 
lutions legalizing President Lincoln's 
proclamations. These failed. But his 
acts were excused on the ground of 
the " necessities of war." This Congress, 
however, promptly passed acts authoriz- 
ing the raising of and putting in the 
field 525,000 men, and appropriating 
over $500,000,000 for equipping and 
provisioning this immense force; as well 
as fitting out a most formidable navy, for 
the prosecution of the war. They. also 
passed a resolution in which they de- 
clared "that this war is not prosecuted 
on our part in any spirit of oppression, 
nor for any purpose of conquest or sub- 
jugation, nor for the purpose of over- 
throwing or interfering with the rights 
or established institutions of those (the 

* See Cong. Globe, part 2, special session of the 
Senate, Thirty-seventh Congress. 



6i8 



HISTORY OF THE UXJTED STATES. 



Book II , c. 30 



Southern) States; but to defend and 
maintain the supremacy of the Constitu- 
tion and all laws made in pursuance 
thereof, and to preserve the Union, with 
all the dignity, equality, and rights of 
the several States unimpaired; that as 



onel Elmer E. Ellsworth, in command 
of a regiment of New York Fire Zou- 
aves. On that day he advanced from 
Washington to Alexandria. He first 
took possession of the Marshall House, 
the principal hotel in that city, and while 




GENERAL M'CLELLAN. 



soon as these objects are accomplished 
the war ought to cease." 

Meantime large armies were marshall- 



tearing down the Confederate flag float- 
ing over it, and hoisting the Federal flag 
in its stead, was shot dead by James W. 



ing on both sides. Virginia was to be Jackson, the proprietor, who was him- 
the theatre of active operations. The | self instantly killed in turn by the sol- 
first movement for an invasion was made diers, but the city of Alexandria im- 
on the 24th of May. This was by Col- mediately surrendered to the Federal 



lerai 



THE ADMINISTRATION OF LINCOLN. 



619- 



authorities. This was the first blood 
shed in the war. 

This movement of Federal troops was 
soon followed by the engagements at 
Grafton, the 29th of May ; at Phillippi, 
the 3d of June; at Big Bethel, the 10th 
<if June ; at Rich Mountain, the 1 ith of 
July; at Laurel Hill, or Carrick's Ford, 
the 14th; at Scary Creek, the 17th. 

At Big Bethel the Confederate position 
in command of Colonel D. H. Hill, of 
North Carolina, was attacked by the 
Federal General Pierce. The result was 
100 killed and wounded on the part of 
the Federals, and only one killed and 
seven wounded on the part of the Con- 
federates. 

At the battle of Carrick's Ford, on 
the 14th of June, the Confederates suf- 
fered a great defeat. Early in the en- 
gagement, their commander, General 
Pvobert S. Garnett fell, mortally wounded, 
and a panic ensued, with the loss of 
everything in the way of arms and mu- 
nitions of war. These, however, were 
only the storm notes of the coming tem- 
pest, which displayed its fury shortly 
after on the plains of Manassas. 

By the 1st of July the' Federals had 
an available force in the field, at various 
points, of upwards of 300,000 men.* Over 
60,000 of these were concentrated at or 
near Washington, constituting a column 
which was expected to make " short and 
decisive work " of the Confederacy by 
an immediate onward march to Rich- 
mond, the then capital. The grand army 
was organized under the direction and 
inspection of General Scott himself, the 
chief in command. It consisted of nearly 
sixty regiments, besides several battalions 
and other organizations, arranged into 
numerous brigades and five great divis- 
ions. The command of the whole in the 



*Appleton's Cyclopedia, 1861, p. 26. 



field, however, was assigned to Major- 
General Irwin McDowell, an officer of 
great skill and ability. All being ready, 
this huge command — the largest and 
best equipped ever before seen in 
America, perhaps — was put in motion 
for its intended destination and purpose 
on the 16th of July, four days before the 
time fixed for the meeting of the Con- 
federate Congress in Richmond. The 
progress of its march, with its immense 
and unwieldy trains, was slow. On the 
18th the outposts of the Confederate 
forces, under the command of General 
Beauregard, were encountered at Bull 
Run — a small stream a few miles from 
Manassas. Here a considerable engage- 
ment ensued, which stopped McDowell 
for two days. The forces under Beaure- 
gard amounted in all to little, if an}-, 
over 20,000 men. Affairs were now ex- 
ceedingly critical. 

General Joseph E. Johnston, who had 
an army of about 8,000 men, in the 
valley of the Shenandoah, beyond the 
mountains of the Blue Ridge, was imme- 
diately informed by telegraph from the 
War Department at Richmond of the 
situation, and directed to pursue such 
course as he might think best under the 
circumstances. He, by a movement with 
hardly a parallel in the annals of war, 
joined General Beauregard with his 
command, in time to meet and drive 
back the advancing, threatening and 
formidable hosts. It was on this occa- 
sion that he displayed those qualities 
which so distinguished him throughout 
the war, and which so endeared him to 
the soldiers and people of the Confed- 
erate States. Of this first great battle 
between the opposing sides, which may 
very properly be noticed here somewhat 
in detail, we will let him give the account 
himself. He being the senior in com- 



; 




THE ADMINISTRATION OF LINCOLN. 



621 



mand, the control of all subsequent 
operations devolved on him, so soon as 
lie reached the field. This was on the 
evening of Saturday, the 20th. The 
bloody conflict came off on Sunday, the 
2 1 st. In his rapid movement to Man- 
assas, he had pushed forward at the 
head of only a part of his forces, leaving 
the others to follow as quickly as pos- 
sible. In his official report of the battle 
he says : 

" In the exercise of the discretion con- 
ferred by the terms of the order, I at 
once determined to march to join Gen- 
eral Beauregard. The best service which 
the army of the Shenandoah could ren- 
der was to prevent the defeat of that 
of the Potomac. To be able to do this, 
it was necessary in the first instance to 
defeat General Patterson, or to elude 
him. The latter course was the most 
speedy and certain, and was therefore 
adopted. 

"I found General Beauregard's posi- 
tion too extensive, and the ground too 
densely wooded and intricate to be 
learned in the brief time at my disposal, 
and therefore determined to rely upon 
his knowledge of it, and of the enemy's 
positions. This I did readily, from full 
confidence in his capacity. 

" His troops were divided into eight 
brigades, occupying the defensive line of 
Bull Run. Brigadier-General Ewell's 
was posted at the Union Mills Ford; 
Brigadier-General D. R. Jones', at Mc- 
Lean's Ford ; Brigadier-General Long- 
street's, at Blackburn's Ford ; Brigadier- 
General Bonham's, at Mitchell's Ford; 
Colonel Cocke's, at Ball's Ford, some 
three miles above, and Colonel Evans, 
with a regiment and battalion, formed 
the extreme left at the Stone Bridge. 
The brigades of Brigadier-General 
Holmes, and Colonel Early, were in 



reserve, in rear of the right. I regarded 
the arrival of the remainder of the army 
of the Shenandoah, during the night, as 
certain. 

" Soon after sunrise on the morning 
of the 2 1 st, a light cannonade was 
opened upon Colonel Evans' position; a 
similar demonstration was made against 
the centre soon after, and strong: forces 
were observed in front of it and of the 
right. About eight o'clock, General 
Beauregard and I placed ourselves on a 
commanding hill in the rear of General 
Bonham's left. Near nine o'clock, the 
signal officer, Captain Alexander, re- 
ported that a large body of troops was 
crossing the valley of Bull Run, some 
two miles above the bridge. General 
Bee, who had been placed near Colonel 
Cocke's position, Colonel Hampton, with 
his legion, and Colonel Jackson, from a 
point near General Bonham's left, were 
ordered to hasten to the left flank. 

" The enemy, under cover of a strong 
demonstration on our ri^ht, made a loner 
detour through the woods on his right, 
crossed Bull Run two miles above our 
left, and threw himself upon the flank 
and rear of our position. This move- 
ment was fortunately discovered in time 
for us to check its progress, and ulti- 
mately to form a new line of battle 
nearly at right angles with the defensive 
line of Bull Run. 

" On discovering that the enemy had 
crossed the stream above him, Colonel 
Evans moved to his left with eleven 
companies and two field-pieces, to oppose 
his advance, and disposed his little force 
under cover of the wood, near the inter- 
section of the Warrenton turnpike and 
the Sudley road. There he was attacked 
by the enemy in immensely superior 
numbers, against which he maintained 
himself with skill and unshrinking cour- 






HISTORY OF THE UM TED STATES. 



I K II., c. 30 



age. General Bee, moving towards the 
enemy, guided by the firing, had, with a 

soldi selected the position near 

the II :nry I louse, and formed his troops 
l it. They were the Seventh and 
ith Georgia, Fourth Alabama, 
nd Mississippi, and two companies 
of the Eleventh Mississippi regiments, 
with Imboden's battery. Being com- 
pelled, however, to sustain Colonel 
Evans, he crossed the valley and formed 
on the right and somewhat in advance 
of his position. Here the joint force, 
little exceeding five regiments, with six 
field-pieces, held the ground against 
about 15,000 United States troops for 
an hour, until, finding themselves out- 
flanked by the continually arriving 
troops of the enemy, they fell back to 
General Bee's first position, upon the 
line of which, Jackson, just arriving, 
formed his brigade and Stanard's battery. 
Colonel Hampton, who had by this time 
advanced with his legion as far as the 
turnpike, rendered efficient service in 
maintaining the orderly character of the 
retreat from that point; and here fell the 
gallant Lieutenant-Colonel Johnson, his 
second in command. 

" In the meantime I awaited with 
ral Beauregard, near the centre, the 
full development of the enemy's designs. 
About eleven o'clock the violence of 
tin- firing on the left indicated a battle, 
and the march of a large body of troops 
from the enemy's centre towards the 
coiiili' t was shown by clouds of dust. 
I was thus convinced that his 
effort was to be made with his right. I 
stated that conviction to General Beaure- 
gard, and tin- absolute necessity of im- 
mediately strengthening our left as much 
as possible. Orders were, according-, 
at once sent to General Holmes and 
Colonel Early, to move with all speed 



to the sound of the firing, and to Gen- 
eral Bonham to send up two of his 
regiments and a battery. General Beau- 
regard and I then hurried at a rapid 
gallop to the scene of action, about four 
miles off. On the way I directed my 
chief of artillery, Colonel Pendleton, to 
follow with his own and Alburtis' bat- 
. We came not a moment too soon. 
The long contest, against five-fold odds, 
and heavy losses, especially of field offi- 
O rs, had greatly discouraged the troops 
of General Bee and Colonel Evans. Our 
presence with them under fire and some 
example had the happiest effect on the 
spirit of the troops. Order was soon 
I restored, and the battle re-established, to 
which the firmness of Jackson's brigade 
greatly contributed. Then, in a brief 
and rapid conference, General Beaure- 
rd was assigned to the command of 
the left, which, as the younger officer, 
he claimed, while I returned to that 
the whole field. The aspect of affairs 
was critical, but I had full confidence in 
the skill and indomitable courage of 
neral Beauregard, the high soldierly 
qualities of Generals Bee and Jackson 
and Colonel Evans, and the devoted 
patriotism of their troops. Orders were 
first dispatched to hasten the march of 
General Holmes', Colonel Early's, and 
General Bonham's regiments. General 
Ewell was also directed to follow with 
all speed. Main- of the broken troops, 
fragments of companies, and individual 
stragglers, wen- re-formed and brought 
into action, with the aid of my staff, and 1 
a portion of General Beauregard's. 
Colonel (Governor) Smith, with his bat- 
talion, and Colonel Hunton, with his 
regiment, were ordered up to reinforce 
the right. I have since learned that 
General Beauregard had previously 
ordered them into the battle. They be- 



THE ADMINISTRATION OF LINCOLN. 



023 



longed to his corps. Colonel Smith's 
•cheerful courage had a fine influence, 
not only upon the spirit of his own men, 
but upon the stragglers from the troops 
engaged. The largest body of these, 
equal to about four companies, having 
no competent field officer, I placed under 
command of one of my staff, Colonel F. 
J. Thomas, who fell while gallantly lead- 
ing it against the enemy. These rein- 
forcements were all sent to the right, to 
re-establish more perfectly that part of 
our line. Having attended to these 
pressing duties, at the immediate scene 
of conflict, my eye was next directed to 
Colonel Cocke's brigade, the nearest at 
hand. Hastening to his position, I de- 
sired him to lead his troops into action. 
He informed me, however, that a large 
body of the enemy's troops, beyond the 
stream and below the bridge, threatened 
lis from that quarter. He was, therefore, 
left in his position. 

" My headquarters were now estab- 
lished near the Lewis House. From 
this commanding elevation, my view em- 
braced the position of the enemy beyond 
the stream, and the approaches to the 
Stone bridge, a point of especial impor- 
tance. I could also see the advances of 
our troops far down the valley, in the 
direction of Manassas, and observe the 
progress of the action and the manoeu- 
vres of the enemy. 

" We had now sixteen guns, and two 
hundred and sixty cavalry, and a little 
.above nine regiments of the army of the 
Shenandoah, and six guns, and less than 
the strength of three regiments, of that 
of the Potomac, engaged with about 
35,000 United States troops, amongst 
whom were full 3,000 men of the old 
regular army. Yet this admirable 
artillery, and brave infantry and cavalry, 
lost no foot of ground. For nearly three 



hours they maintained their position, re- 
pelling five successive assaults, by the 
heavy masses of the enemy, whose num- 
bers enabled him continually to bring up 
fresh troops, as their preceding columns 
were driven back. Colonel Stuart con- 
tributed to one of these repulses, by a 
well-timed and vigorous charge on the 
enemy's right flank, with two companies 
of his cavalry. The efficiency of our 
infantry and cavalry might have been 
expected from a patriotic people, accus- 
tomed like ours, to the management of 
arms and horses, but that of the artillery 
was little less than wonderful. They 
were opposed to batteries far superior, in 
the number, range, and equipment of 
their guns, with educated officers, and 
thoroughly instructed soldiers. We had 
but one educated artillerist, Colonel Pen- 
dleton — that model of a Christian soldier 
— yet they exhibited as much superi<u-ity 
to the enemy in skill as in courage. 
Their fire was superior, both in rapidity 
and precision. 

" The expected reinforcements ap- 
peared soon after. Colonel Cocke was 
then desired to lead his brigade into 
action, to support the right of the tro 
engaged, which he did, with alacrity and 
effect. Within a half hour, the two regi- 
ments of General Bonham's bri 
(Cash's and Kershaw's 1 came up, and 
were directed against the enemy's right, 
which he seemed to be strengthening. 
Fisher's North Carolina regiment was, 
soon after, sent in the same direction. 
About three o'clock, while the enemy 
seemed to be striving to out-flank and 
drive back our left, and thus separate US 
from Manassas, General E. K. Smith 
arrived, with three regiments of Ki. 
brigade. He was instructed to attack 
the right flank of the enemy, now ex- 
posed to us. Before the m • n :nt was 



J IIS TORY OF THE UNITED STATES. 



624 

completed, he fell, severely wounded. 
Colonel Elzey at once taking command, 
executed it with great promptitude and 
vigor. General Beauregard rapidly 
seized the opportunity thus afforded him, 
and threw forward his whole line. The 
enemy was driven back from the long- 
contested hill, and victory was no longer 
doubtful. 1 le made yet another attempt 
to retrieve the day. He again extended 
his right, with a still wider sweep, to turn 
our left. Just as he re-formed, to renew 
the battle, Colonel Early's tlip r< ,iments 
came upon the field. The enemy's new 
formation exposed his right flank more 
even than the previous one. Colonel 
Early was, therefore, ordered to throw 
himself directly upon it, supported by 
Colonel Stuart's cavalry and Beckham's 
battery. He executed this attack bravely 
and well, while a simultaneous charge 
was made by General Beauregard in 
front. The enemy was broken by this 
combined attack. He lost all the artil- 
lery which he had advanced to the scene 
of the conflict. He had no more fresh 
troops to rally on, and a general rout 
ensued. 

" Our victory was as complete as one 
gained by infantry and artillery can be. 
An adequate force of cavalry would have 
made it decisive. 

"It is due, under Almighty God, to 
the ^kill and resolution of General Beau- 
!. the admirable conduct of Gen- 
erals Bee, E. K. Smith, and Jackson, 
and of Colonels (commanding brigades) 
Evans, Cocke, Early, and Elzey, and the 
coinage and unyielding firmness of our 
patriotic volunteers, The admirable 
character of our troops is incontestably 
proved by the result of this battle; es- 
pecially when it is remembered that little 
more than 6,000 men of the army of the 
Shenandoah, with sixteen guns, and less 



Book II., c 'J- 



than 2,000 of that of the Potomac, with 
six guns, for full five hours, successfully 
resisted 35,000 United States troops, with 
a powerful artillery, and a superior force 
of regular cavalry. The brunt of this 
hard-fought engagement fell upon the 
troops who held their ground so long, 
with such heroic resolution. The un- 
fading honor which they won was 
dearly bought with the blood of many 
of our best and bravest. Their loss was 
fir heavier, in proportion, than that of 
the troops coming later into action. 

" Every regiment and battery engaged 
performed its part well. The com- 
manders of brigades have been already 
mentioned. I refer you to General Beau- 
regard's report, for the names of the 
officers of the army of the Potomac who 
distinguished themselves most. I cannot 
enumerate all of the army of the Shen- 
andoah who deserve distinction, and will 
confine myself to those of high rank 
Colonels Bartow and Fisher (killed), 
Jones (mortally wounded), Harper, J. F. 
Preston, Cummings, Falkner, Gartrell, 
and Vaughan; J. E. B. Stuart, of the cav- 
alry, and Pendleton, of the artillery, 
Lieutenant-Colonel Echols, Lightfoot, 
Lackland, G. H. Stewart, and Gardner. 
The last-named gallant officer was se- 
verely wounded. 

"The loss of the army of the Potomac 
was 108 killed, 570 wounded, 12 miss- 
ing. That of the army of the Shenan- 
doah was 270 killed, 979 wounded, 
18 missing. Total killed, 378; total 
wounded, 1,489; total missing, 30. 

" That of the enemy could not be 
ascertained. It must have been betwt n 
four and five thousand. Twenty-ei^ht 
pieces of artillery, about five thousand 
muskets, and nearly five hundred thou- 
sand cartridges ; a garrison Hag and ten 
colors were captured on the field or in: 



THE ADMINISTRATION OF LINCOLN. 



625 



the pursuit. Besides these, we captured 
sixty-four artillery horses, with their 
harness, twenty-six wagons, and much 
camp equipage, clothing, and other 
property, abandoned in their flight." 

An able historian on the Federal 
side, Mr. John Laird Wilson, says of 
this battle, after McDowell's charge 
was checked : 

" It was not a repulse. It was a rout. 
Never was victory more complete. Never 
was rout more disgraceful. In vain did 
McDowell try to rally his men. They 
would not, they could not, hear. At 
Cub run the rout became a panic. Arms 
and all encumbrances were flung away. 
Everything was left on the field. Sol- 
diers, citizens and camp-followers rushed 
to Centreville, and thence on to Wash- 
ington, there to describe to the aston- 
ished and bewildered multitude another 
than the holiday scene which some of 
them had gone forth to witness. At 
night Jefferson Davis, who had witnessed 
the greater part of the fight, telegraphed 
to his Congress, ' Night has closed upon 
a hard-fought field. Our forces were 
victork)us. The enemy was routed, and 
fled precipitately, abandoning a large 
amount of arms, ammunition, and bag- 
gage. The ground was strewed for miles 
with those killed, and the farm-houses 
around were filled with wounded.' " 

The same writer says : 

" Never perhaps before in the whole 
history of the world was such fighting 
done by comparatively raw -and inex- 
perienced men. On the part of the 
South, the battle was skilfully fought 
and fairly won." 

The result of this battle between forces 
so unequal in numbers, as well as so un- 
equal in arms and equipments, is to be 
attributed mainly to the relative spirit by 
which the officers and men on the oppos- 
40 



ing sides were moved and animated in 
the terrible conflict. Great as was the 
skill of Generals Johnston and Beaure- 
gard in the disposition and movements 
of their squadrons, that of General 
McDowell was also very great. His 
whole plan of operations, from the be- 
ginning to the end, showed military 
genius of the highest order. The result, 
therefore, did not depend so much upon 
the superior skill of the commanders on 
the Confederate side as upon the high 
objects and motives with which they, as 
well as those under them, were inspired. 
Johnston and Beauregard were both often 
in the thickest of the fight, leading in 
person, with colors in hand, on to the 
charge, regiments whose officers had 
fallen. They were animated by the 
highest sentiments of patriotism in re- 
pelling what they deemed an unjust in- 
vasion. The struggle with them was 
not for power, dominion or dynasty — 
nor for fame, but to resist palpable .aid 
dangerous assumptions of power, and to 
repel wanton aggressions upon long es- 
tablished rights. They fought for those 
principles and institutions of self-gov- 
ernment which were the priceless heri- 
tage of their ancestors. 

On the Federal side great numbers of 
those who were sent on this expedition 
set out not only with reluctance, but with 
a consciousness that the whole in 
ment was wrong. They had volunteered 
for no such purpose. They had ten- 
dered their services with the sole view 
of defending the capital. It was under 
the impression and belief so extensively 
created at the North, that the Confeder- 
ates intended to take Washington, that 
much the greater portion of this im- 
mense army had with very patriotic mo- 
tives rushed to the rescue. Their object 
was to defend their own rights again 



626 



HISTORY OF THE UNITED STATES. 



Book II.. c. 30 



expected assault, and not to make ag- 
on upon the rights of others. 
Hence the difference between the spirit 

that animated the two armies on the 
tive sides in this fust great battle 
of the war. The first cry was to save 
the capital, and after that came a second 
equally delusive one to. save the Union; 
while the real object of those in author- 
ity, it was believed, was to use these pop- 
ular catch-words to mislead a confiding 
people; and under specious pretexts to 
over ulterior designs of subjugation. 

The Confederate Congress met in its 
first session in Richmond on the 20th of 
July. (86l, the day before the great 
battle of Manassas. Mr. Toombs re- 
I his position as Secretary of State 
on the 2 1 st, and took commission as 
brigadier-general in the provisional 
army. Mr. Robert M. T. Hunter, of Vir- 
ginia, succeeded him in the State De- 
partment. The most energetic measures 
were adopted by Congress to raise men 
and munitions of war to repel the for- 
midable invasion now commenced.* 

Within a few days after the battle of 
Manassas, Winfield Scott, general-in- 
ch ief of the Federal army, at his own 
request, on account of age and infirmi- 
ties, was relieved from all further active 
duty. His place was filled by General 
Georv B. McClellan. On the 29th of 
t th Federals captured the forts 
on Hatteras Inlet, on the coast <>f North 
Carolina, with sixty-five guns and six 
hundred and fifteen prisoners. ( >n the 

■ I >i tober was fought the- batl 
! burg, Virginia, where the Confeder- 
ates achieved another signal victory 
under General Nathan G. Evans. On 
the next day, th.' 3d, the federal forces 
under General Reynolds met with a dis- 
astrous repulse al Cheat Mountain Pass, 
* Sec Appendix O. 



by the Confederates under General 
I lenrv R. Jackson. On the 7th of No- 
vember the Federals took possession of 
the forts at Port Royal, South Carolina. 

While these things were going on in 
the East, military operations in the 
West were not less active or potent, 
politically. Governor Jackson and the 
State authorities of Missouri had at- 
tempted at first to maintain a neutral 
position between the parties at war ; but 
Captain Lyon, the Federal officer in 
command at St. Louis, believing that 
they would ultimately join the Confeder- 
ates, seized the State arsenal and 
arms on the 25th of April, and routed 
the State militia at Camp Jackson on the 
10th of May. On the 20th of June, 
raised to the rank of brigadier-general, 
he took possession of Booneville, then 
held by Colonel Marmaduke, of the 
State troops. Civil war commenced in 
Missouri. Governor Jackson and those 
acting with him saw that the position of 
armed neutral ity could not be maintained. 
They were compelled to take sides with 
the Confederates or Federals. They 
cast their fortunes with the Confederates. 
General Sterling Price, in command <>f 
Missourians, and General Ben Mc( ulloch, 
in command of a Confederate force from 
Texas and Arkansas, met the Federals 
at Carthage on the 5th of July, where 
the\- achieved a victory. < hi the 10th 
of August their success was much more 
signal at Oak Hill. It was in this battle 
that General Lyon was killed. On the 
20th of September Price took Lexing- 
ton, with upwards of 3,000 prisoners. 
On the 7th of November, the day on 
which the Federals took Port Royal, 
South Carolina, was fought the battle of 
Belmont, in Missouri, in which the Con- 
federate^- carried the day. 

On the 6th of November, an election 




LEST OF MASON AND SLIDKLL ON THE BRITISH 5T1 






628 



HISTORY OF THE UNITED STATES. 



I i k II.. c. 305 



was held in the Confederate States for 
.'resident and Vice-President, for a term 
«'f six years, to begin on the 22d of Feb- 
luary, 1862, under their Constitution for 
anent government. Mr. Davis and 
] Ir. Stephens received the unanimous 
\otc of the Electoral Colleges lor these 
offices respectively. As soon as the fall 
of the fortresses at Port Royal was known 
in Richnu n I, General Robert E. Lee was 
despatched to take command on the sea- 
coast of South Carolina and Georgia. 

About this time occurred an event at 
s -a which came near involving the 

<l ral government in a war with Great 
Britain. It was the seizure, by Captain 
Wilkes, commanding the United States 




JAM! S M. MASON. 

steam-frigate San Jacinto, of the Con- 
! (1 rate ambassadors Slidell and Mason, 
on board the British steam-packet Trent. 
The matter was ultimately disposed of 
by a disavowal of the act of Wilkes on 
the part of the Federal administration, 
and ih • restoration of the ambassadors 
Brii >h deck. 
The Governor and State authorities in 
Kentucky, as those of Missouri, had at 
first attempted to hold the position of 
"armed neutrality " between the States 
al war, but this attempt failed in this in- 
stance, as it had in the other. A pro- 
visional government was organized by a 
portion e." the | .' Kentucky, headed 



by John C. Breckinridge, who had retired 
from the United States Senate, William 
Preston, Humphrey Marshall, and other 
distinguished statesmen, which, during 
the fall, allied itself with the Southern 
cause. In this way, before the close of 
the year, the States of Missouri and 
Kentucky were both, under their pro- 
visional governments, recognized as equal 
members of the Confederate States. 

The Confederate naval operations dur- 
ing this period deserve special notice, 
though it must be brief. The Federals 
at the beginning of the war having pos- 
session of the entire common navy, the 
Confederates at first had no resort in this 
particular but the enlistment of armed 




JOHN SLIDELL. 

ships under letters of marque. Very 
soon quite a number of small vessels 
were thus put in commission, and reached 
the high seas by running the blockade. 
Among these were the Calhoun, the/W/v/, 
the Spray, the Ivy, the Webb, the Dixie, 
the Jeff Paris, the Bonita. the Gordon, 
the Coffee, the York, the McRae, the Sa- 
vannah, the Nina, the jfackson, the Tus- 
earora, besides others. The Savannah, 
a schooner of fifty tons, after running the 
blockade at Charleston, on the 2d <>t 
June, 1861, and capturing one merchant 
brig laden with sugar from Cuba, was 
soon captured by the United States brig 
/' . and the officers and crew were all 



r >3° 



. THE UNITED STATES. 



\\ . , c. 3T. 



sent to Philadelphia, where they were 
■ harged and tried for piracy; their exe- 
cution was prevented by an announce- 
ment by Mr. Davis in a letter to Mr. 
Lincoln, sent by special flay; of truce, 
t!iat if the}- were executed, he should 

ite by the execution of an equal 
number of United States prisoners then 
in the hands of the Confederates. They 
were afterwards exchanged as other pris- 
oners of war. In 1 n a month 
more than twenty prizes were taken and 
iun into Southern ports. The steamers 
Sumter and NaJiville were fitted out by 
i he government, and went to sea as soon 
as possible, under the command of reg- 
ie ir officers, who had resigned their 
positions in the Federal navy. The 
Sumter ran the blockade at the mouth 
of the Mississippi, on the 30th of )unc, 
in charge of Commander Raphael Sem- 
mes. It soon made many captures of 
merchant vessels. The Nashville was 
ait in command of Captain Robert B. 

im, who, at a later day, got his ship 
out of the port of Charleston. By this 
little navy, so put afloat, several millions' 
worth of merchandise was captured, 
which produced a great sensation 
throughout the Northern States. Their 
foreign trade was not only crippled, but 
nearly driven from the ocean. 

The foregoing presents .1 brief sketch 
oi the rapid progress of great events, 
and the general state of affairs at the end 
of December, [861. The contest, upon 
the whole thus far, was greatly to the 
advantage of the Confederates, in view 
o! the number of victories achieved and 
pn ners captured. Of the latter the 
was largely on their side. No 

I of exchange had yet been a 
upon, though Mr. Davis had made re- 
peated and earn I Mbit- t.> bring about 
a conformity in til ul.tr with the 



s of civilized nations. Every prop- 
osition of this sort made by him the 
administration at Washington had re- 
fused even to entertain. This brings us 
to the close oC a period which, for the 
better understanding of dates and events, 
we shall, in this history, designate as. 
the first year of the war. 



CHAPTER XXXI. 
administrate >n of Lincoln — Continued. 

(ist January, 1862 — 1st January, 1S63.) 
The Second Yearoftht War. 

Comparative numbers of the two sides in the field — 
Confederates about 300,000, and Federals about 
800,000 — Stanton, Federal Secretary of War- 
Federal programme of operations — Richmond tht. 
objective point from Washington — McClellan in 
command — Of movements southward from (aim. 
under Halleck — Programme of Confederate — I • 
seph E. Johnston to oppose McClellan — Albert 
Sidney Johnston, with headquarters at Bowling 
Green, Kentucky, to oppose Halleck — Firsl move 
ment by Halleck — Battle of Fishing Creek, Ken 
tucky — Defeat ol Zollikoffer by George II. '1 I 

— His death and character — Fall of Foils Henry 
and Donelson — Retreat of Sidney Johnston from 
Bowling Green, Kentucky, to Corinth, Mississippi 
— Fall of Nashville, with loss of immense Confed* 
erate stores — Second inauguration of Mr. I>a\i- as 
President, and Mr. Stephen- as Vice-President— 
Federals at Pittsburgh Landing — Battle of Elkhorn 

— Fall of McCulloch— Battle of Shiloh— Fall of 
Sidney Johnston — Confederate victory the first day 
— Federals get the better the second day — Con- 
federate force vacates Tupelo, Mississippi- 
uation of Fort Pillow— Memphis taken by the Fed- 
erals — Beauregard succeeded by Bragg in com- 
mand of the army of the Tennessee — Met lellan 
moves -\n army of 120,000 against Richmond — Joe 

ton, with 30.000 men only, at Manas 
tires before the opposing hi si — McClellan changes 
the line of his — I In- Peninsula cam- 

paign—Stonewall J '• ley campaign — 

Battles of Williamsburg, Seven Bine-, and seven 
days' fighting aboul Richmond Thedefeal 

in relieved, and Pope succeeds 
to command ol Fi deral army — The battle of Cedar 
Run — Victory of Stonewall Jackson over Banks — 
The great second battle of Manassai — Drtlliant. 



THE ADMINISTRATION OF LINCOLN. 



63I 



Confederate victory— Lee in command — Federals 
routed — McClellan restored to the command of the 
Federal army around Washington — Movement of 
Bragg into Kentucky — Battles of Richmond and 
Perryville, Kentucky — Great victory of E. Kirby 
Smith — Bragg retires from Murfieesboro, Tennes- 
see — Rosecrans succeeds Buell in command of 
Federal army — The bloody drawn battle of Mur- 
freesboro — Swinton's comments — Lee, after second 
battle of Manassas, moves into Maryland — Battle^ 
of Boonesborough or South Mountain, and Cramp- 
ton's Gap — Harper's Ferry captured by Stonewall 
Jackson, with 11,000 prisoners and immense army 
stores — The great drawn battle at Sharpsburg, or 
Antietam — Lee returns to Virginia — The seven 
governors meet at Altoona — Lincoln's proclamation 
of emancipation (see Appendix P) — McClellan 
superseded by Burnside — War prosecuted for 
emancipation — Battle of Fredericksburg — Confed- 
erate victory — Naval operations for the year — Ro- 
anoke Island captur.ed by Federals — The Virginia^ 
the Confederate iron-clad war vessel, attacks Fed- 
eral fleet 8th March — McCabe's account of the 
engagement — Newbern, North Carolina, taken by 
Federal fleet — Island No. 10, in the Mississippi 
river, taken by Federals, 7th April — Fort Pulaski 
taken by Federals, 12th April — Forts Jackson and 
St. Phillip's, at the mouth of the Mississippi river 
— Farragut's fleet passed them — New Orleans cap- 
tured — Fort Mason, in North Carolina, taken by 
Federal fleet — Attack by Federal fleet, led by 
monitors, on Confederate works at Drewry's Bluff 
— Attack unsuccessful — The Confederate war-ships 
Florida and Alabama put to sea from English 
port. 

N January, 1862, at the opening 
of the second year of the war, 
the Confederates had in the field, 
distributed at various points, 
including all branches of service, 
in round numbers, about 300,000 men ; 
while the Federals, in like manner and 
in like round numbers, had not less than 
800,000. 

About this time Edwin M. Stanton was 
put at the head of the War Department 
at Washington, in place of Cameron. 

It is a matter worthy of special note 
here, that up to this time the Federals 
had utterly refused to enter into any 
cartel or agreement for the exchange of 




prisoners, though urged to do so by the 
Confederates from the beginning. In 
the month of February, however, of this 
year, when the Confederates had a very 
large excess of Federal prisoners, the 
authorities at Washington, under a very 
great pressure of public sentiment in the 
Northern States, were induced to enter 
into a cartel for an exchange, on a basis 
usual between belligerents ; this arrange- 
ment was entered into on the 14th of 
February, by General Howell Cobb on 
the part of the Confederate States, and 
General John E. Wool, on the part of 
the United States. According to the 
cartel then made, the privateersmen of 
the Savannah, who had been tried for 
piracy, but not executed, were put upon 
the footing of other prisoners of war; 
this cartel, however, was soon broken 
by the Federals. On the fall of the 
Forts Henry and Donelson, a few days 
after the cartel was entered into, when 
the Federals had an excess of prisoner.^, 
they refused to carry out the cartel, for 
the exchange of prisoners agreed upon, 
in several respects, and especially in re- 
fusing to send forward the privateersmen 
of the Savannah. 

The programme of the ensuing cam- 
paign, on the part of the Federals, was 
another movement on Richmond from 
the Potomac, and a general inva 
southward, from the junction of the ( >hio 
and Mississippi rivers. For this purpose 
two large armies had been organized — 
one at Washington, under the immediate 
direction of General McClellan; and th : 
one in the West, under General Halleck. 
To meet these, the Confederal 
collected what forces they could in Vir- 
ginia, under command of General Joseph 
E. Johnston, still at Manassas; and in 
like manner had collected what forces 
they could in the West, under the * 




(632) PORTRAITS OF PROMINENT CONFEDERATE GENERALS. 



THE ADMINISTRATION OF LINCOLN. 



<>33 



•mand of General Albert Sidney John- 
ston, whose headquarters were at Bowl- 
ing Green, Kentucky. Their other 
forces were kept mainly in defence of 
the extensive sea-coast, besides a small 
trans-Mississippi army. 

A very interesting and, upon the whole, 
accurate account of this campaign is given 
by Mr. Wilson, the writer on the Federal 
side before referred to, from which we 
give the following extensive quotation : 

" Early in the month of January, Gen- 
eral Thomas came into collision with 
the Confederate forces stationed at Mill 
Spring. The battle lasted the greater 
part of Sunday, the 18th, and was fought 
with great spirit on both sides. Early 
in the fight the Confederate General 
Zollikoffer was killed, and before the 
close of the day the National arms were 
completely victorious, the Confederates 
being driven from their position and com- 
pelled to retreat towards their camp in 
the wildest confusion. In the struggle 
the Nationals lost 247 men, of whom 39 
were killed, the remainder wounded ; the 
Confederates lost 349, of whom 192 were 
.killed, 62 wounded, and the remainder 
made prisoners. As the spoils of victory, 
General Thomas captured and carried 
with him twelve pieces of artillery, with 
their caissons packed, two army forges, 
one battery wagon, a large quantity of 
arms and ammunition, over a thousand 
horses and mules, together with wagons, 
commissary stores, intrenching tools, and 
a considerable amount of camp equipage. 
It was felt to be a 'damaging blow by the 
South, as it broke their line in Kentucky, 
and opened a door of deliverance for 
East Tennessee. It was hailed as a 
great victory by the North, and called 
forth a spirited proclamation from the 
Secretary of War, who declared it to be 
the purpose of the war 'to pursue and 



destroy a rebellious enemy, and to de- 
liver the country from danger.' ' In the 
prompt and spirited movements and 
daring at Mill Spring,' he said, ' the na- 
tion will realize its hopes. It will also 
delight to honor its brave soldiers.' 

" In Zollikoffer the Confederates lost 
one of their ablest generals.* Of Swiss 
origin, he was born in North Carolina in 
18 1 2. At an early age he emigrated 
to Tennessee, where he worked as a 
printer and afterwards became an editor. 
In 1834 he edited and published the 
' Columbian Observer; ' and from 1835 
to 1837 he held the profitable place of 
State printer of Tennessee. In 1842 he 
had editorial charge of the ' Nashville 
Banner;' and through the influence of 
that partisan journal he succeeded in ob- 
taining several political offices. At the 
beginning of the secession movement in 
Tennessee, Zollikoffer was opposed to it; 
but he was finally induced to yield ; and 
on joining the army he was appointed a 
brigadier-general. He had only joined 
the secession force at Mill Spring a feu 
hours before the battle. The - chief in 
command was General Crittenden ; but 
the attack at Mill Spring has generally 
been attributed to Zollikoffer, who vt 
man of great energy and courage. 

"General George II. Thomas, who 

*This officer, of great civic distinction, w 
of North Carolina, hut of Swiss origin, whose grand 
father was in the colonial forces, with the rank of 
captain, in which he was a zealous advocate for the 
cause of independence. The son was an old Southern 
Clay Whig; had filled many important and high 
offices in the Slate; he had also attained distinction 
as a member of Congress, was utterly opposed to se- 
cession, until after the result of the Peace Coi 
was known, and a coercive policy against the S uth- 
ern States was adopted at Washington. H 
possessed of the highest moral qualities, and as a j ui 
nalist m Nashville for several years, h 
in the Southern States; his 1"- was universally la- 
mented throughout the South.— Tht 



0}4 



HISTORY OF THE UNITED STATES. 



Book II., c. 31 



on that day at Mill Spring first chained 
victor)' to the Union standard, and ; 

that series of brilliant and substantial 
achievements with which his name is 
iated, was a man of another mould. 
A Virginian by birth, he was educated 
at West Point, and in [841 was appointed 
a lieutenant of artillery. During the 
Mexican war he rose to the rank of 
major. In 1850 he accepted the position 
of teacher of artillery and cavalry at 
West Point. At the beginning of the 
war, Thomas, who held the rank of 
major of the Second Cavalry, waspro- 
moted to the lieutenant-colonelcy of his 
regiment, and a little later he became 
colonel. On the 17th of August, 1861, 
he was made brigadier-general; and after 
having served under Generals Anderson 
and Sherman, he was appointed by 
General Buell to the command of the 
Tenth Division. 

" It will be observed that the battle of 
Mill Spring was fought and won before 
the date of the President's general order 
for the forward movement of all the 
armies; and there can be little doubt 
that the spirited conduct of the National 
troops on that occasion gave the spur to 
that impatience of further delay which 
President Lincoln shared with the rest 
of the Northern people. The President 
was not more anxious for immediate 
action than were the officers in the field 
and the rank and file under their care. 
We have seen that the victory at Mill 
Spring broke the Confederate right, and 
by opening a door of deliverance for 
East Tennessee, prepared the way for 
the aggressive and successful efforts 
which were to follow. The Confederate 
line, however, remained strong and in- 
tact from Bowling Green to Columbus. 
The ground was also well guarded from 
Bowling Green to Nashville, further to 



the south. At Bowling Green there was 
an intrenched camp. Fort Henry, on 
the east bank of the Tennessee, and 
Fort Donelson, on the west bank of the 
Cumberland, were bastioned earthwork-, 
about twelve miles apart and connected 
by a well-constructed road. There were 
redoubts on Island No. 10, in the Mis- 
sissippi river; and Columbus, which was 
still in charge of General Polk, had been 
so strengthened as to be proudly spoken 
of as the Gibraltar of America. To de- 
fend this line the Confederate commander 
had under him at least 60,000 men. The 
forcing of this line by the National 
armies had become a necessity, if any 
serious effort was to be made to bring 
the South back to its allegiance. The 
question was how to strike and where. 
Various plans had already been sug- 
gested ; but there is some difference of 
opinion as to who is entitled to credit 
for the plan which was ultimately adopted, 
and which proved completely successful. 
It is known that General Buell had sug- 
gested some such plan as that adopted, 
in a communication made to General 
Halleck early in the month of January, 
1862. It is also known that about the 
same time, or shortly afterwards, Gen- 
eral Grant, without any knowledge of 
what Buell had done, wrote to Halleck 
and asked permission to carry out the 
plan which was afterwards accomplished. 
It is recorded that one evening late in 
December, 1 861, Generals Halleck, Sher- 
man, and Collum were together at the 
Planters' Motel in St. Louis, when the 
conversation turned upon the proper line 
of invasion. ' Where is their line ?' asked 
Halleck. 'Why, from Bowling Green 
to Columbus,' replied Sherman. ' Well, 
then, where is the true point of attack?' 
' Naturally the centre.' 'Then let us see 
in what direction it should be made.' A 



THE ADMINISTRATION OF LINCOLN. 



6 35 



map was at hand. With a blue pencil, 
Halleck drew a line from Bowling Green 
to Columbus, past Forts Donelson and 
Henry. He drew another line perpen- 
dicular to its centre. The latter line 
coincided nearly with the Tennessee 
river. ' There,' said Halleck, 'that is the 
true line of attack.' After all, it was the 
natural and obvious course to follow; 
and it is more than probable that to the 
minds of each of these men, educated 
in military tactics and experienced in 
military affairs, the same plan at the 
same time was independently suggested. 
One thing is absolutely certain regarding 
this matter: Grant had written his 
second letter to Halleck, urging the 
propriety of his allowing him to proceed 
at once by land and water against Fort 
Henry, to take and hold it as a base for 
other operations, before the order of the 
30th came authorizing the desired move- 
ment. 

" It has already been shown that the 
Confederate line stretched from Bowling 
Green to Columbus, and that the strength 
of the entire force holding the line was 
about 60,000 men. The Confederate 
general in command was Albert Sidney 
Johnston, one of the oldest and most ex- 
perienced officers on the American con- 
tinent. The garrison of Fort Henry, 
which was 2,734 strong, was under the 
immediate charge of General Tilghman. 
The armament of the fort consisted of 
seventeen guns. Johnston's headquar- 
ters were at Bowling Green, where he 
was confronted and held in check by 
General Buell, an able officer, who held 
the chief command of the army of the 
Cumberland. 

" Immediately on receiving permission 
from Halleck to proceed with his pro- 
posed plan, Grant made arrangements 
for the attack on Fort Henry. He had 



at his disposal some 17,000 men. It 
was arranged that flag-officer Foote, 
with a flotilla of seven gunboats, should 
move along the Ohio, steer up the Ten- 
nessee, and open the attack, while Grant, 
on the land side, should render what 
assistance was necessary and cut off all 
retreat. On Monday, the 2d of Febru- 
ary, Foote left Cairo, and on the morn- 
ing of Tuesday he was a few miles below 
Fort Henry. Grant, in the meantime, 
with the divisions of McClcrnand and 
C. F. Smith, had embarked in transports 
which were convoyed by the flotilla. 
These landed a few miles below the fort ; 
and Foote proceeded up the river, hav- 
ing orders from Grant to move slowly 
and shell the woods, in order to discover 
whether there were any concealed bat- 
teries. On the morning of the nth it 
was understood that everything was in 
readiness for the attack, which was to be 
made simultaneously on land and water. 
A heavy thunder-storm had rag< d the 
previous night; and, as a consequence, 
the roads were heavy and the streams so 
swollen that bridges had to be built for 
the passage of the artillery. The land 
forces, thus encountering unlooked-for 
obstacles, were considerably delayed. 
Shortly after 12 o'clock Foote opened 
fire upon the fort. Beginning at 1,000 
yards distance, he gradually ran his ves- 
sels to within 600 yards of the enemy. 
The firing for a time was vigorously re- 
turned ; but Foote pressed forward with 
irresistible bravery, and his men worked 
with a will and as if they meant to win. 
It was evident to Tilghman from the 
first that it was next to impossible for 
him to hold the fort. He neveitl: 
exerted himself to the utmost, encourag- 
ing his men alike by word and example, 
going so far as to work one o\ the guns 
himself. A scries of accidents, mean- 



<3 3 6 

while, occurred inside the fort. A rifled 
24-pounder hurst, killing and wounding 
a number of the men. A 42-pounder 
burst prematurely, and killed three of 
the gunners. In a short time the well- 
directed fire from the gunboats had dis- 
mounted seven of the guns and made 
1 useless ; the flag-staff also was shot 
away. The garrison became completely 
demoralized. It was in vain that Tilgh- 
nian attempted to replace the exhausted 
gunners. The troops in the camp out- 
side the fort made good their escape, 
some by the Dover road, leading to Fort 
Donelson, others on board a steamer 
which was lying a little above Fort 
Henry. Foote had promised to reduce 
the fort within an hour. When he made 
that promise he counted on assistance 
from the forces on the land side. With- 
out any such aid — for the land forces 
had not yet arrived on the scene — he 
made good his word ; for the hour had 
scarcely expired when the white flag 
was raised. There was no unnecessary 
The main body of his troops 
having made good their escape, Tilgh- 
man, with his. staff and some sixty artil- 
lerists, surrendered to the victorious 
Foote. In killed and wounded the Con- 
federate loss was twenty-one men. The 
only serious damage sustained by the 
fleet in the river was on board the iron- 
clad Essex. A shot from the enemy 
had penetrated her boiler; and some 
twenty-nine officers and men, includ- 
ing Commander Porter, were seriously 
■led. 
" The capture of Fort Henry was felt 
by the South to be a damaging blow; 
and it led to bitter murmuring and even 
loud complaints against the authorities 
at Richmond. It was justly regarded 
by the North as a victory of great im- 
portance. It was full of instruction, in- 



H I STORY OF THE UNITED STATES. 



Book II.. c. tf. 



asmuch as it proved the value of gun- 
boats on the narrow rivers of the West, 
especially when acting in conjunction 
with land forces. It inspired hope, inas- 
much as it reclaimed lost territory and 
restored the old flag. " Fort Henry is 
ours !" said Halleck in his despatch to 
McClellan. " The flag of the Union is 
re-established on the soil of Tennessee. 
It will never be removed." Foote was 
formally thanked by the Secretary of the 
Navy. " The country," he was told, 
" appreciates your gallant deeds, and 
this department desires to convey to you 
and your brave associates its profound 
thanks for the service you have ren- 
dered." 

"After the fall of Fort Henry, prepara- 
tions were made for an attack on Fort 
Donelson with as little delay as possible. 
General Halleck felt it to be his duty to 
do his utmost to strengthen the army 
under Grant's command ; and accordingly 
reinforcements were hurried forward 
from Buell's army, from St. Louis, Hal- 
leck's headquarters, from Cincinnati, and 
from Kansas. 

" Fort Donelson, as has already been 
stated, was distant from Fort Henry 
about twelve miles, and was situated 
near the town of Dover, on the west 
bank of the Cumberland, on a platform 
of elevated ground, which at its highest 
point rises from the river about 100 feet. 
It was about forty miles above the point 
where the Cumberland, after draining 
the highlands of southeastern Kentucky 
and northeastern Tennessee, empties its 
waters into the Ohio. The entire work 
covered 100 acres. The country around 
was rugged and heavily wooded. Nat- 
urally a strong position, everything had 
been done which art and science could 
accomplish to make it impregnable. On 
the water side it was especially strong, 



THE ADMINISTRATION OF LINCOLN. 



637 



the batteries being admirably planned 
and well mounted. Including the light 
artillery, there were in the fort at the 
moment of the attack not fewer than 
ninety-five pieces. With the men who 
had made good their escape thither from 
Fort Henry, the strength of the garrison 
amounted to 21,000 men. All around 
the works on the land side, abatis had 
been formed by felling timber and half 
chopping off the smaller trees." 

"As soon as it became evident that 
Fort Donelson was likely to be attacked, 
Johnston exerted himself to the utmost 
to make the position invulnerable. Re- 
inforcements were hurried forward from 
Bowling Green ; the work was pushed 
day and night ; and a fortified line two 
and a half miles in length, enclosing the 
town of Dover, was drawn along the 
high ground, which commanded the 
avenues of approach. Gideon J. Pillow 
arrived with his command on the 10th 
and took control. Simeon B. Buckner, 
at the head of the reinforcements from 
Bowling Green, arrived on the nth. 
On the 13th John B. Floyd, who had 
fled from Virginia with his followers, in 
obedience to orders received from John- 
ston, appeared upon the scene, and, out- 
ranking Pillow, took the chief command. 

" Meanwhile Grant was not idle. On 
the evening of the day which witnessed 
the capture of Fort Henry, a flotilla, 
under Lieutenant Phelps, sailed up the 
Tennessee river, for the purpose of as- 
certaining the condition of the banks in 
the upper waters. The reconnoissance 
was completely successful. It was found 
that there was no real hindrance to a 
southward movement. The country was 
comparatively unprotected ; and the 
people seemed impatient to be delivered 
from the dreadful tyranny under which 
they were groaning. On the 1 Ith a 



council of war was held, and the ques- 
tion was put, "Shall we march on Don- 
elson, or shall we wait for further rein- 
forcements?" The decision was in favor 
of immediate action. Foote was busy 
getting ready with his gunboats; and 
the delay hitherto was mainly on that 
account. It was all important that the 
gunboats should participate in the at- 
tack; but it was felt that every hour was 
adding to the enemy's strength. At the 
head of 15,000 men, on Wednesday, the 
1 2th, Grant moved from Fort Henry 
upon Donelson. The foremost brigade 
advanced by the telegraph road ; the 
others moved by the road which leads 
to Dover. For the month of February, 
the day was beautiful. The atmosphere 
was warm and balmy, like a day in 
spring. In their march over the hills- 
country, the advancing troops experi- 
enced but little difficulty. Before sun- 
down Grant was before the fort; and 
what remained of daylight he spent in 
bringing his troops into position. Dur- 
ing the night there was little idleness. 
Batteries were posted, and the line of 
battle was formed. Meanwhile Foote 
was moving up the Cumberland with 
his gunboats, convoying transports which 
were to constitute Lewis Wallace's Third 
division. It was Grant's intention, should 
the gunboats arrive, to begin the attack 
in the morning. McClemand's di\ i 
consisting of the four brigades of Og- 
lesby, Wallace, McArthur and Morrison, 
was posted on the right. C. F. Smith's 
division, composed of the brigades of 
Cook, Lanman and M. L. Smith, was 
posted on the left. Lewis Wallace's 
division, so soon as it arrived, was to 
take its position in the centre. The line 
extended some four miles, the right 
sweeping round almost to Dover, the 
left resting on Hickman's creek, where, 



638 



HISTORY OF THE UNITED STATES. 



Book II , c. 31 



at the house of a Mrs. Crisp, Grant es- 
tablished his headquarters. 

" .Morning dawned, but there was no 
sign of the gunboats. Grant was un- 
willing to hazard a general engagement 
until the expected forces arrived. Early 
in the forenoon, however, a cannonade 
was opened; and some lively work was 
done by Berge's sharpshooters, who, 
concealed behind the trees, picked off 
not a few of the Confederate gunners. 
About noon an attempt was made to 
effect a lodgment upon the Confederate 
intrenchments. McClernand ordered 
Colonel Wallace to capture a formidable 
battery, known as the Middle Redoubt. 
The troops employed for this purpose 
were Illinois regiments — the Seventeenth, 
Major Smith; the Forty-eighth, Colonel 
I [ayn ; and the Forty-ninth, Colonel 
Morrison, McAllister's battery covering 
them. Hayn, being the senior colonel, 
command of the attacking party. 
The attack was made in the most spirited 
manner. But the enemy was strongly 
posted; and although the National troops 
behaved with the utmost gallantry in the 
presence of overwhelming numbers, and 
under a most galling fire, they were ulti- 
mately repulsed. An equally unsuccess- 
ful effort was made on the left by a por- 
tion of Lanman's brigade. In both cases 
tin' National loss was heavy. When the 
darkness came on, the troops, not a little 
dispirited, had fallen back to the ground 
■occupied by them in the morning. 

"The night of the 13th presented a 
striking contrast to the beautiful spring- 
like morning. The afternoon had be- 
come chilly; and towards evening rain 
fell in torrents. The rain was succeeded 
by sleet and snow; and at midnight a 
severe frost set in, the mercury falling 
to a very low point. The besieging 
force was without tents, and many of the 



soldiers were not even provided with 
blankets. Fires were not permitted, as 
they would prove marks for the enemy's 
guns. Scantily supplied with food, and 
with the pitiful cries of the wounded 
calling for water resounding in their eai . 
they were compelled to spend the weary 
hours, resting on their arms. It was one 
of those sad nights, often, alas! rejaeat ■! 
before the war reached its close. 

"The morning of the 14th dawned 
with apparently brightening prospects 
for the Federal arms. Fully realizing 
the peril of the situation and the neces- 
sity of using every available man, Grant 
had, at the close of the contest the night 
previous, sent a courier to General 
Lewis Wallace, who had been left be- 
hind with a small garrison at Fort 
Henry, commanding him to hasten at 
once to the scene of action. Wallace, 
with his garrison, which consisted of the 
Eleventh Indiana, the Eighth Missouri, 
and Company A, Chicago Artillery, in 
charge of a battery, was ready by the 
break of day. After such a night, the 
ground was not in the best condition for 
the movement of artillery and infantry ; 
but the men were in excellent spirits ; 
and in spite of the drifting frost which 
blew in their faces, they made good 
time, Wallace being able to report at 
Grant's headquarters before the hour <>l 
noon. On their arrival, Lewis Wallace's 
little band found the Union soldiers in 
high hope and expectation. During the 
course of the night, Foote with the gun- 
boats and transports, the latter bringing 
the Third or Wallace's division, about 
ton thousand strong, had arrived. Their 
landing had been safely effected; they 
were already around Grant's head- 
quarters ; and when Wallace appeared on 
the scene he was immediately placed in 
command, and took his position in the 



THE ADMINISTRATION OF LINCOLN. 



centre, with Smith on the left, and 
McClernand on the right. By this fresh 
accession of strength, Grant was enabled 
to complete the investment of the fort 
and its outworks ; and for the first time 
since he commenced to grapple with the 
enemy, he had the advantage of superior 
numbers. Supplies having arrived in 
abundance, rations were liberally sup- 
plied to the half-famished men, and 
preparations were made for a general 
assault. 

" The experience of the previous day 
had been such that, even with largely 
increased forces, General Grant was un- 
willing to make any rash attack from 
the land side. The fort was powerfully 
mounted, and without the aid of earth- 
works and trenches, an attack made 
from the land side, whether upon a par- 
ticular point or on the entire enemy's 
works, however it might result finally, 
could not fail to be attended by an enor- 
mous sacrifice of life. Grant's instruc- 
tions to his generais were that they 
should preserve the line of investment 
intact, being ready to repel any attempt 
which the enemy might make, either in 
the way of assault or escape. 

" The gunboats had done so well at 
Fort Henry that perhaps too much was 
expected of them at Fort Donelson. At 
all events, it was arranged that the £un- 
boats should have the honor of opening 
the assault. At three o'clock in the 
afternoon Foote moved forward with 
four ironclads and two wooden boats. 
In addition to these, there was the gun- 
boat Carondelet, Commander Walke, 
which had arrived two days before. 
The armored vessels moved in front. 
While yet a mile and a half distant, 
the gunboats opened fire, the batteries 
on the fort remaining perfectly silent. 
It was not the silence of a helpless, par- 



639 

alyzed foe ; it was the silence of con- 
scious strength — of a determined and 
deadly purpose. Onward the little fleet 
moved, still belching forth destruction, 
but meeting with no response. Sud- 
denly, however, when within four hun- 
dred yards of the batteries, a plunging 
fire was opened upon it by twenty heavy 
guns, placed high on the hillside, the 
shot falling with dreadful precision and 
effect. In face of this terrific fire, Foote 
pressed closer and closer. The well- 
directed fire of the gunboats had silenced 
the upper battery of four guns. The 
fighting, however, was not equal. The 
columbiad and 32-pound rifle now told 
with fatal effect on the ironclads, while 
the shot and shell from the ships fell 
powerless on the heavy sand-banks 
which protected the enemy's guns. A 
heavy shot had cut away the rudder- 
chains of the Louisville, and she drifted 
helplessly down the current. The flag- 
ship St. Louis was soon in a similar 
plight, Commodore Foote himself being 
wounded. The other two armored ves- 
sels had suffered severely, a heavy rifled 
cannon having burst on board the Ca- 
rondelet. The battle had lasted one 
hour and a half. It was useless to pro- 
long the struggle. Orders were given 
to withdraw; and as the flotilla moved 
back down the river, it received some 
severe parting blows from the shore 
batteries, some of the fugitives from 
which had returned and resumed their 
guns. It was another failure. The 
strength of the place had not been prop- 
erly gauged. What was practicable and 
easy at Fort Henry was impossible at 
Fort Donelson. In the attack the Na- 
tionals lo>t fifty-four men in killed and 
wounded. The Confederates lost not a 
man, nor were their batteries in any way 
injured. Fifty-nine shots had struck the 



640 



HISTORY OF THE UNITED STATES. 



Book II., c. 3t 



St. Louis; thirty-five the Louisville; 
thirty-five the Carondelet, and twenty-one 
the Pittsburgh. 

" Two days had now been wasted, and 
two experiments in the way of attack 
had been made, with signal want of suc- 
cess. All had been done on the river 
side which could be done with the 
means now at Grant's command. Any 
fresh attempt made on the land side was 
certainly as perilous as ever; nay, it 
seemed to involve even greater risks, for 
the Union commander could no longer 
count with confidence on the gunboats, 
which he had hoped would greatly aid 
him in the accomplishment of his diffi- 
cult task. The original plan had failed. 

" While the Union commanders were 
thus deploring their ill-fortune and 
making arrangements for future and 
more effective operations, events had 
taken a peculiar turn inside the Confed- 
erate lines. Floyd, the commander-in 
chief, was not in the least elated by the 
effective resistance which he had been 
ible to offer to McClernand's attack on 
the 13th, or by the defeat of the gun- 
boats on the 14th. lie felt that, in 
spite of his strength, he was effectually 
hemmed in. There was not a point 
within the intrenchments which might 
not be reached by the enemy's artillery 
from the boats on the river or from the 
batteries on land. It would be easy, 
by passing a column above him on the 
iiver, to cut off at once his only source 
of supply and his only means of egress. 
Moreover, he had s^cn that day a fleel 

jf transports arrive bringing a power- 
ail addition to the ranks of the enemy; 

md he knew that the whole available 

1 nion force in the Western States could 
be speedily concentrated against Fort 

Donelson. It y/as Floyd's opinion that 



the fort could not be held with a gar- 
rison of less than fifty thousand men. 
At a council of war, held on the evening 
of the 14th, it was unanimously resolved 
to abandon the place, force a way past 
Grant's right, and pass into the open 
country around Nashville. 

"From the position enclosed within 
the Confederate lines two roads led to- 
wards Nashville — the Wynn's Ferry 
road, running from Dover through 
Charlotte; and the other an obscure 
and at best an undesirable road, cross- 
ing the flats of the Cumberland. The 
latter road was submerged by the over- 
flow of the river. There remained, 
therefore, but the one way of escape, if 
escape was to be attempted, and that 
was the Wynn's Ferry road. But this 
road was effectually covered by McCler- 
nand's division, the right wing of the 
Union army. What was the Confed- 
erate plan of attack ? Pillow's division, 
which formed the Confederate left, was 
to make a vigorous attack upon the 
Union right flank; and Buckner's di- 
vision, drawn from the right, a few men 
being left in the intrenchments to main- 
tain an appearance, was to strike at the 
same time the right flank of the Union 
centre; which rested upon the Wynn's 
Ferry road. It was hoped that if Pil- 
low's attack should prove successful, 
McClernand's division, the Union right, 
would be forced back upon Wallace's 
division, the Union centre, and that 
Buckner, striking the divided masses in 
Hank, would roll both divisions batk in 
confusion on that of Smith, the Union 
left. In such a case, the Wynn's Ferry 
road would be effectually opened as a 
waj of escape, and possibly Grant's 
forces might be routed and driven to 
their transports. It was a daring and 
well-conceived plan; and, as we shall 



THE ADMINISTRATION OF LINCOLN. 



64I 



by and by see, so far as it was faithfully 
executed, it was a complete success. 

" On the morning of Saturday, the 
15th, at the early hour of five o'clock, 
Pillow's column, eight thousand strong, 
accompanied by Forrest's cavalry, thirty 
heavy guns, and a full complement of 
artillery, was already in motion. Pillow 
was resolved, as he said in his high- 
sounding style, 'to roll the enemy in 
full retreat over upon General Buckner,' 
and then, by an attack in flank and rear, 
to 'cut up the enemy and put him com- 
pletely to rout.' He went to his work 
with a will, and as if he meant to make 
his purpose good. McClernand was 
well posted to resist the assailants; but 
although this point has been disputed, 
there can be no reasonable doubt that 
he was taken by surprise. His division 
was arranged in three brigades — Mc Ar- 
thur's on the right, Oglesby's in the 
centre, W. H. L. Wallace's on the left. 
Pillow's onslaught was swift and furi- 
ous. It fell mainly upon the two right 
brigades, McArthur's and Oglesby's. 
The Confederate line covered the front 
of these brigades, and extended some 
distance beyond the right flank. In the 
struggle which ensued, there was no 
lack of heroism on either side. At a 
critical moment, timely and effective 
assistance was rendered by the sister brig- 
ade of W. H. L. Wallace, Colonel John 
A. Logan, at the head of his brave regi- 
ment, the Thirty-first Illinois, exerting 
himself by word and deed to sustain 
and cheer the men. In such a strug- 
gle, however, enthusiasm is but a sorry 
compensation for lack of numbers. The 
soldiers did their best. Inch by inch 
the ground was contested.. Overpow- 
ered, however, and outflanked, the two 
brigades were turned and forced from 
their position. Meanwhile Buckner, 
41 



who had moved his troops over from 
the extreme Confederate right, formed 
them in front of McClernand's left 
brigade, Colonel W. H. Wallace. It 
will thus be seen that the whole hostile 
mass — the entire concentrated strength 
of the Confederate army — was pressing 
upon McClernand's division, the right 
wing of the Union army. The left 
brigade soon followed the example of 
the other two — it fell back from its 
position; and by nine o'clock the entire 
position occupied in the beginning of 
the contest by the right wing of the 
National army was in the possession of 
the Confederates. The Wynn's Ferry 
road was opened. 

" The tide was still in favor of the 
Confederates. So far they had boldly 
carried out their plan, and successfully 
accomplished their purpose. The Na- 
tional army was, indeed, at this particu- 
lar moment in a very critical condition. 
The situation was all the more alarming 
that the general-in-chief, who had not 
been present all the morning, was not 
yet on the field. At 2 A. m. he had gone 
on board a gunboat to hold a consulta- 
tion, with Commodore Foote, who, it 
will be remembered, was wounded in 
the struggle the day previous. It is 
more than possible that if Grant had 
been on the field from the commence- 
ment of the contest, McClernand would 
have been able to hold his ground. In 
the absence of the*general-in-chief there 
was no officeV, during all those preg- 
nant hours, who could assume the right 
to combine and direct the entire forces 
in the field. The division next to 
McClernand was that of Lewis Wallace. 
When Wallace first. heard the firing, he 
concluded that McClernand had resumed 
the attack. At about 8 a. m. he received 
a message from McClernand asking as- 



64 2 

sistance. Not knowing what to do, he 
sent the message to headquarters ; but 
General Grant was still absent. Later 
he received another message from Mc- 
Clernand, disclosing the fact that his 
men were being pressed back by over- 
whelming numbers. Thereupon Wallace 
detached two brigades, and sent them 
under Colonel Cruft. Cruft, however, 
was in some way misled too far to the 
right, and being forced to fight his way, 
he arrived only in time to share the 
fate of the whole right wing. Seeing 
flocks of fugitives crowding up in the 
rear of his own line, Wallace promptly 
put in motion his remaining brigade 
under Colonel Thayer. The column 
had marched but a short distance when 
McClernand's brigades were met retir- 
ing to the left — retiring in good order 
and slowly, complaining of many things, 
but complaining most of all that their 
ammunition was exhausted. The brave 
fellows seemed to feel as if they had no 
right to be in that position. The enemy 
was following but slowly. Wallace had 
time to deploy his brigade on the crest 
of a hill which crossed the line along 
which the enemy was moving towards 
the left. Here he presented a firm front 
at right angles to his former front, and 
behind him the defeated troops of the 
right wing rallied and reformed. In this 
position they awaited the approach of 
Pillow and Buckner. Mortified with the 
defeat of the morning, troops of the right 
wing had no sooner filled their cartridges 
than they took their places and were 
ready for action. When, therefore, the 
Confederates advanced and began to 
ascend the crest, so terrific was the fire 
that they reeled and staggered and 
broke, falling back in wild confusion. 
A second time they attempted to charge; 
but the second repulse was more disas- 



IIISTORY OF THE UNITED STATES. 



Book II., c. 31 



trous than the first. The men could 
not again be brought into line. Some 
of them fled precipitately to their works ; 
the remainder were brought to a stand 
on the ground occupied by the National 
right wing in the early morning. 

" Grant had now appeared on the field. 
It was about noon when the Confeder- 
ates were driven back to their trenches. 
The battle had lulled ; but everything 
was yet in confusion. The chief must 
have bitterly regretted the fact of his 
own absence from the scene of action in 
the early part of the day. But it was no 
time now for idle and worthless lamenta- 
tion. It was action that was needed — 
prompt, decided, vigorous action. Grant 
was not slow to come to a conclusion, 
although it is simply absurd to say that 
in this instance he made up his mind at 
once. About three o'clock in the after- 
noon he called McClernand and Wallace 
aside for consultation. They were all 
on horseback. Grant held in his hand 
some despatches, to which now and then 
he nervously turned his eyes. His face 
was flushed and revealed high excite- 
ment. He was evidently swayed by 
strong emotions. He said something 
about the necessity of falling back and 
intrenching — about waiting for reinforce- 
ments and Foote's new flotilla. It was 
suggested by one of the other two that 
in consequence of McClernand's defeat 
the road to Clarksville was uncovered, 
and that the enemy might escape if he 
chose. Whether Grant had merely 
been sounding the opinions of his subor- 
dinates, or whether new light at the 
moment dawned upon him, we know not ; 
but all of a sudden he gave orders that 
the right wing should retake the ground 
which it had lost in the morning, and 
that the left wing, under Smith, should 
make a simultaneous attack on the Con- 



THE ADMINISTRATION OF LINCOLN. 



643 



federate right. General Grant has since 
given us his own reason for the course 
which he resolved to pursue. ' On rid- 
ing upon the field,' he says, ' I saw that 
either side was ready to give way if the 
other showed a bold front. I took the 
opportunity, and ordered an advance of 
the whole line.' 

" The orders were promptly executed. 
Wallace took charge of the troops which 
had been engaged and which had suf- 
fered so much in the morning and early 
part of the day, and whose duty it was 
to resume lost ground. The ground was 
rough and badly blocked with wood. 
There were, besides, bloody memorials 
of the morning's struggle. The Nation- 
als, however, pressed on, the Confeder- 
ates vigorously resisting. For more 
than an hour the conflict raged fiercely, 
and the result seemed doubtful. Ul- 
timately, however, the Confederates 
yielded to the fierce energy of their 
assailants, and were compelled to retire 
within their own intrench ments. In the 
hour of victory almost complete, when 
within 150 yards of the enemy's works, 
Wallace was astonished by an order 
from the general-in-chief, commanding 
him to halt and retire his troops, as a 
new plan of operations had been arranged 
for the morrow. He felt satisfied that 
Grant was ignorant of the success which 
had attended his movement. Darkness, 
however, was at hand. He contented 
himself, therefore, with holding the 
ground he had taken, and disobeyed 
orders only to the extent of bivouacking 
on the field of victory. Smith was 
equally successful in his attack on the 
Confederate right. Buckner, who in 
abandoning the left made it the easy 
prey of Wallace, arrived too late at his 
old position on the right to save it from 
the dashing energy of Smith. In spite 



of all that he could do, the Confederate^ 
wer<i forced from their intrenchments 
and driven inside the work. 

"All along the line, the ground lost in 
the morning had been reclaimed. Nay, 
more — on both the left and the right the 
enemy had found it necessary to abandon 
his own chosen ground and to retire 
more and more under the works of the 
fort. When darkness fell, Grant had 
reason to feel satisfied. He had by his 
single will converted a day of disaster 
into a day of triumph. The fruit of vic- 
tory was not yet in his hands, but it was 
ripe and ready to fall. So ended the 
third day at Fort Donelson. 

" The night which followed was one 
of the saddest yet experienced in the 
history of the war. The cold was in- 
tense, the thermometer indicating more 
than 20 below the freezing point. The 
ice-covered branches of the trees swayed 
and crackled in the night breeze. Camp 
life had not yet become a luxury. There 
were no tents, and even the blanket had 
not become a necessary part of the sol- 
dier's equipage. General Grant found a 
sleeping-place in a negro hut. General 
Smith lay down on the frozen ground. 
The soldier slept as he best might, lean- 
ing on his musket or resting on his knap- 
sack. Four thousand brave Americans 
lay scattered over the battle-field, many 
of them dead, some of them freezing to 
death, the feeble but piteous cries of the 
latter filling the weary hours with woe. 
It is in scenes such as these that true 
humanity stands forth conspicuous and 
commands universal admiration. With 
such a background, goodness, pure, true, 
and unselfish, shines as if with a heavenly 
light. General Lewis Wallace, to his 
honor be it said, with many of his men, 
who, filled with his spirit and fired by 
his example, worked far into the morn- 




(644) 



PORTRAITS OF PROMINENT FEDERAL GENERALS. 






THE AD MINISTRATION OF LINCOLN. 



645 



ing hours, ministering to the wounded 
on both sides, and with kindly hands 
burying the dead. 

" Grant had made all necessary ar- 
rangements for resuming the attack along 
the whole line on the following (Sunday) 
morning. Such attack, however, was 
not to be necessary. A council of war 
was held at Pillow's headquarters, late 
on Saturday night. Floyd, Pillow, 
Buckner, and their staff officers were all 
present. Some bad temper was re- 
vealed ; and on many points there was 
difference of opinion. On one point 
the^ were agreed — that another sortie 
would be absolutely disastrous. Buck- 
ner did not believe that he could hold 
his position half an hour after daylight. 
In his judgment there was no escape 
from a surrender. Floyd and Pillow 
were equally of opinion that the situation 
was desperate, and that there was nothing 
for them but immediate capitulation. 
The one absorbing question with Floyd 
and Pillow was, 'How shall we escape?' 
Floyd knew what he had done, and he 
trembled to fall into the hands of the 
enemy. ' You know,' he said, ' the 
position in which I stand.' Pillow 
seemed to feel himself in a similar 
plight, although he perhaps somewhat 
overestimated his individual importance. 
It was ultimately agreed that Buckner 
should assume the command, and that 
Floyd and Pillow should be allowed to 
make their escape, Floyd taking with 
him his Virginia brigade. Floyd surren- 
dered the command. Pillow, who was 
next in rank, said ' I pass it.' Buckner 
called for writing materials and a bugler; 
and Floyd and Pillow hastened off to 
save their precious lives. Pillow crossed 
the river in a scow. Floyd and his men 
went on board a steamer at the wharf, 
and steered off amid the curses and 



hisses of their former companions in 
arms. It was a shameful transaction ; 
but Buckner's conduct was honorable 
throughout. Floyd had now appeared 
in his true character. 

" When on the morning of Sunday, 
the 1 6th of February, the lig^ L broke 
along the lines, there was no conviction 
more general among the National soldiers 
than that the stirring scenes of the pre- 
vious day were about to be repeated, and 
repeated, perhaps, in more aggravated 
and bloody form; nor was there disposi- 
tion anywhere to shirk the ordeal. Sud- 
denly, however, the clear notes of the 
bugle were heard sounding a parley; and 
as the gray dawn passed away before the 
brighter light of the opening day, a 
white flag was seen waving over the fort. 
It was a token of a willingness to sur- 
render. We can readily imagine that 
the altered situation was gladly welcomed 
by all. A letter was received by Grant 
from Buckner, asking for the appoint- 
ment of commissioners to settle upon 
terms of capitulation, and suggesting an 
armistice till noon. To this Grant re- 
turned his characteristic reply, ' No terms 
other than an unconditional surrender 
can be accepted. I propose to move im- 
mediately on your works.' Buckner re- 
garded these terms as ' ungenerous and 
unchivalric;' but he was nevertheless 
obliged to accept them. The old flag 
was immediately raised ; and the stars 
and stripes floated over the stronghold 
of the Cumberland." 

At Forts Henry and Donclson the 
Confederate losses in killed, wounded and 
captured amounted to about 9,000 men ; 
and by these reverses, General Albert 
Sidney Johnston was compelled to 
fall back from Kentucky, and to take 
a position south of the Tennessee river. 
Nashville, w.'th all its supplies of pro- 



646 



HISTORY OF THE UMTED STATES. 



Book II., c. 31 



visions, was abandoned. General Polk ! 
was compelled to fall back from Colum- 
bus to Island No. 10. The Southern 
line of defence was thus completely 
broken down. It was in the gloom of , 
these disasters that Mr. Davis and Mr. 
Stephens, on the 22d of February, were j 
duly inaugurated President and Vice- 
President of the Confederate States for I 
six years, under their Constitution for 
permanent government. 

The Federals, encouraged by their 
successes in the West, pushed their 
movements southward in that quarter. 
They took Nashville without opposition, 
on the 23d of February, and there cap- 




mm?-*** 

BURNING HORSES AT SHILOH. 



turcd millions' worth of commissary 
stores. 'I heir forces were soon pushed 
forward and concentrated at Pittsburgh 
Landing, on the Tennessee river. 

The Confederate forces, under Sidney 
Johnston and Beauregard (who had been 
transferred to the West), were likewise 
concentrated as fast as possible at 
Corinth, a few miles south of the Land- 
ing. Their forces west of the Mississippi 
could not be brought over, as they were 
pressed by a large body of Federals 
in that quarter, and were forced to a 
bloody engagement on the 7th of 
March. This is known as the battle o( 



Elkhorn.or Pea Ridge. In it the Con- 
federates, under Price and McCulloch, 
with a force of 20,000, held their ground 
against a force of 25, OCX) under the lead of 
General Samuel R. Curtis. The Confed- 
erates in this action were in charge 
of Major-General Earl Van Dorn, to 
whom the chief command over Price 
had recently been assigned ; and not- 
withstanding the result was not decisive 
either way, yet it was a great deal for 
the Confederates to hold the ground 
against such a disparity of numbers, as 
well as against the great superiority in 
arms and equipments brought against 
them. Their losses were also less than 
the losses on the side of the 
Federals. The severest blow the 
Confederates received in this con- 
flict was that by which the gallant 
McCulloch fell, at the very time 
when complete triumph seemed to 
be within his grasp, and which 
J would most probably have been 
w achieved but for his fall.* 

On the 6th and 7th of April the 
'•;Mu' two armies on the east of the 
f Mississippi concentrated at Pitts- 
burgh Landing and at Corinth 
met in two memorable com- 
bats known as the battles of Shiloh. 
In the first dpy's engagement the Con- 

*The story of the life of lliis cliivalric and im- 
petuous soldier is almost romantic. It is filled with 
the thrilling incidents of personal adventure. He 
won distinction, during the Mexican war, at the bat- 
tles of Monterey, liucna Vista, and the final capture 
of the city of Mexico. 

He was appointed United States Marshal for Texas, 
in 1853, and was one of the United States Commis- 
sioners to Utah in 1S57. 

Soon after the breaking out of the war between the 
States, he was commissioned Brigadier-General in 
the Confederate army. His brilliant career \in 
this position has heretofore been noted. His fall 
at Pea Ridge was an irreparable loss to the Confed- 
! erates. 



THE ADMINISTRATION OF LINCOLN. 



federates lost their great leader, Gen- 
eral Albert Sidney Johnston; but gained 
a brilliant victory under Beauregard, 
who succeeded him. The Federals, 
under General Grant, were completely 
routed; and nothing saved them from 
entire capture or utter destruction, but 
the shelter they found on the banks of 
the river under the protection of the 
heavy metal of their gun-boats. With 
large reinforcements, under General 
Buell, the battle was renewed on the 
next day, the 7th, and desperately fought 
on both sides, without any decisive re- 
sults either way. The Federals regained 
the ground from which they were driven 
on the 6th, while the Confederates con- 
tinued to hold their original position. 
These two battles were the bloodiest of 
the war up to that time. 

The slaughter was great on both sides. 
The losses of the Confederates in killed, 
wounded, and missing were 10,699, while 
the losses of the Federals, according to 
their own accounts, were over 15,000. 

The whole number of Confederates 
engaged in these battles, according to 
official returns, amounted to 40,355; 
while the number of Federals, under 
Grant and Buell united, was, according 
to the most reliable accounts, not less 
than 78,000 — nearly double. 

For what is deemed a very fair Federal 
account of the whole of these two days' 
fightings, with minute details, we again 
quote largely from Mr. Wilson, the his- 
torian before referred to : 

" Pittsburgh Landing is about eight or 
nine miles above Savannah, and lies on 
the west side of the Tennessee. The 
river banks at the Landing rise about 
eighty feet, but are cloven by a number 
of ravines, through one of which runs 
the main road to Corinth to the south- 
west, and branching off to Purdy to the 



647 

northwest. The Landing is flanked on 
the left by a short but precipitous ravine. 
On the right and left are Snake and Lick 
creeks, streams which rise near each 
other and gradually diverge, falling into 
the Tennessee some four or five miles 
apart on either side of the Landing. 
Between these streams, which form a good 
flanking arrangement, making attack 
possible only in the front, lies a plateau 
or table land rising some eighty feet 
high, of irregular surface, cleared near 
the shores, but covered with tall oaks 
and thick brushwood farther from the 
river. About three miles from the 
Landing, and embowered in trees, stood 
a little log building — a place used occa- 
sionally by the Methodists for holding 
camp meetings. It had neither doors 
nor windows, and was only half floored. 
Some corn in the husk lay piled on the 
floor. This was Shiloh Church, destined 
to give its name to the neighborhood 
and to the bloody contest which was so 
soon to disturb its quiet surroundings. 

"The illness of General Smith, which 
resulted in death on the 25th of April, 
brought Grant again to the front. On 
the 17th of March he arrived at Savan- 
nah, established his headquarters at the 
house of Mr. Cheney, and assumed the 
command. He found the army already 
in position, and made no radical changes. 
The Landing was guarded by the gun- 
boats Tyler and Lexington. Sherman's 
division, 8,000 strong, formed a sort of 
outlying force, covering all the main 
roads leading to the Landing. There 
was a gap between his centre and his 
right, and a still wider gap of about two 
and a half miles between his centre and 
his left. Hurlbut's division was put in 
line on the left of the main Corinth road, 
and Smith's own division, under General 
W. H. L. Wallace, was on Hurlbut's 



648 



HISTORY OF THE UNITED STATES. 



Book II., c. 31 



right. Lewis Wallace's division was de- ' 
tached and stationed at Crump's Land- 
ing, to observe any movements which [ 
might be made by the Confederates at I 
Purdy, and to cover the river communi- 
cations between Pittsburgh Landing and 
Savannah. McClcrnand's division was 
about a mile in front of W. H. L. Wal- 
lace, with that of Prentiss to his right. 
These two divisions — that of McClernand 
and that of Prentiss — formed the real 
line of battle. The entire force was 
about 33,000 men. In estimating the 
possible strength of the Union army, the 
aid which might come from Buell must 
be taken into account. This general, 
after repeated solicitations that he might 
be permitted to abandon Nashville, cross 
Tennessee and join his forces to those 
of Grant, with a view to counteract the 
Confederate concentration at Corinth, 
had at last obtained Halleck's consent. 
The army of the Ohio, which numbered 
some 40,000 men, was therefore already 
on its march ; and by the 20th of March 
it had reached Columbia. The roads 
were bad and the weather stormy in the 
extreme; but it was not unreasonable to 
conclude that Buell would be able to 
accomplish the distance in time. Should 
this large increase of strength arrive be- 
fore the commencement of hostilities, 
Grant could have but small reason for 
any misgivings as to the issue of the 
contest. 

" Let us now glance at the position of 
the Confederates, and consider their 
plans and their prospects. When the 
first line of the Confederate defence had 
been swept away by the capture of Fort 
Donelson, Johnston retired first of all 
to Murfreesboro'; but the great object 
aimed at both by him and Bran regard 
was to concentrate the Confederate forces, 
and establish a second line of defence on 



the Memphis and Charleston railroad. 
Concentration had for some time past 
been the favorite idea of Beauregard. 
If his advice had been taken in time, 
Donelson might not yet have fallen. 
Beauregard selected Corinth as the most 
desirable point for concentrating the 
scattered forces of the Confederacy. 
Here the two great railroads which con- 
nect the Gulf of Mexico and the Mis- 
sissippi with the Atlantic Ocean form a 
junction. It is the key of the railroad 
system of Mississippi. Orders were is- 
sued to the commanders of all the out- 
lying positions; and Beauregard was 
soon joined by Bragg from Pensacola, 
by Polk from the Mississippi, Johnston 
also coming up with his entire army 
from Murfreesboro'. Corinth, therefore, 
became a great military camp; and, in 
addition to its other advantages, it af- 
forded complete protection to Memphis. 
In three weeks the Confederate strength 
had risen from 11,000 to 45,000 men. 
This, however, was not all. Van Dorn 
and Price, whom we recently saw retir- 
ing before Curtis and Sigel at Pea Ridge, 
were known to be coming up from Ar- 
kansas with over 30,000 men. Since 
the commencement of the war the Con- 
federates never found themselves in cir- 
cumstances more favorable for striking 
a bold and decisive blow. After the 
junction with Johnston, that general 
took the command, Beauregard being 
nominally second, but remaining really 
the soul of the movement. 

" It had been the intention of Halleck, 
under whose instructions the entire 
movement on the part of the Nationals 
was conducted, to intervene between 
Johnston and Beauregard. W 7 hen, there- 
fore, he heard that Johnston had dis- 
appeared from Murfiecsboro', and that 
his object was to join Beauregard at 




(649) 



650 



HISTORY OF THE UXITED STATES. 



Book II , c. 31 



Corinth, he ordered Buell to hurry for- 
ward to the aid of Grant, and counter- 
act as far as possible the Confederate 
concentration. There had been un- 
necessary delay, which permitted the 
Confederate generals to unite their 
strength ; and now the weather and 
the roads were such that, although 
Buell's army was at Columbia on the 
20th, it took full seventeen days to 
reach Pittsburgh Landing, a distance of 
only ninety miles. 

" To the Confederate general two ques- 
tions presented themselves. Shall I 
wait for Van Dorn and Price ? or shall 
I strike Grant at once, before Buell has 
time to come up? At this time Breck- 
inridge, with the Confederate right, 
which consisted of 11,000 men, was 
stationed at Burnsville; Hardee and 
Bragg, with more than 20,000 men, 
formed the centre at Corinth ; and Polk 
and Hindman, with 10,000 men, were on 
the left, to the north of the Memphis 
and Charleston railroad. * * * On the 
3d of April, their available strength 
being 40,000 men, the Confederates 
commenced their onward march. Their 
plan was first to destroy Grant and then 
to fall with all their weight on Buell. 
The roads were in a terrible condition, 
and in consequence the progress made 
was slow. It was intended to attack the 
National army on the 5th ; but the 
attack was delayed in consequence of a 
heavy rain-storm which fell in the after- 
noon. They were the less unwilling to 
.delay the attack that information had 
just reached them that the troops from 
the west, under Van Dorn and Price, 
would certainly join them the next 
morning. That night they were distant 
from the National pickets only about 
three-quarters of a mile. Hardee was 
in front ; Bragg was in a second line 



behind; Polk was behind Bragg; and 
Breckinridge brought up the rear. 
During the course of the evening a 
council of war was held. There was a 
disposition to wait for Van Dorn and 
Price. But there was peril in waiting. 
If Buell should arrive, Johnston would 
lose his golden opportunity. It was the 
general conviction that their forward 
movement was unknown to Grant ; and, 
after a consultation of some two hours, 
it was resolved to strike a blow before 
dawn of the coming day. ' Gentlemen,' 
said Beauregard at the close of the 
council, while pointing in the direction 
of Grant's army, ' we sleep in the 
enemy's camp to-morrow night.' 

" The Confederate generals made a 
mistake in supposing that Grant was 
ignonnt of the fact that they were 
moving forward upon him with the 
view of making an attack. That the 
enemy was massed at Corinth he was 
well aware ; but he was in the enemy's 
country, and information was not will- 
ingly obtained from the people of the 
neighborhood. That he expected to be 
attacked is proved by the instructions 
which he gave to his officers, particu- 
larly to Lewis Wallace and Sherman. 
But he had no means of knowing the 
enemy's strength. He did not know 
that concentration was taking place so 
rapidly ; and a vague idea prevailed in 
the Union camp that the force opposed 
to them did not exceed 10,000 men. 
Of the forward march of the enemy 
he could not be ignorant; for on tha 
4th an infantry picket belonging to 
Colonel Buckland's brigade having been 
captured, Sherman took that brigade, 
with some cavalry, and drove back the 
Confederate horsemen some six miles 
from the front of the camp. The firing 
of cannon was heard in the evening. 



THE ADMINISTRATION OF LINCOLN. 



6 5 I 



On the same day Lewis Wallace reported 
eight regiments of infantry and 1,200 
cavalry at Purdy, and an equal force at 
Bethel. It is not to be denied, however, 
that Grant was in doubt from what 
direction the onslaught would be made. 
They might attack his main camp; or 
they might cross over Snake creek to 
the north and west of him, establishing 
themselves on the Tennessee below and 
forcing him to fight or cross to the east 
side of the river. Grant had his feelers 
out all around ; and, as the result proved, 
he did best to risk a battle on the ground 
which had been chosen and on which he 
stood. 

" The uncertainty which prevailed in 
the Union camp as to the point which 
might first have to bear the shock of 
battle, proved an immense gain to the 
Confederates. It enabled them to mass 
themselves in great force and fall with 
destructive effect on one part of the 
Union line. So great, indeed, was the 
advantage which they thus obtained that 
the wonder is not so much that victory 
leaned to their standards during the 
greater part of the first day's fighting, 
but that they did not succeed, in a few 
hours, in completely sweeping the Union 
army from the field. Their plan was to 
penetrate the Union centre, divide the 
army in two and cut it up in detail. 
This done, it would not be difficult to 
make short, sharp work with Buell. The 
plan was good enough; but in their 
calculations the Confederate generals 
made one mistake — they did not take 
into account the cool pluck and skill of 
the Union commanders and the stern 
courage and determination of the Union 
men. 

" The night of the 5th was, as we 
have seen, wild and stormy. The next 
morning (Sunday) rose bright and 



clear. The recent rains, while they had 
filled the creeks and streams, had given 
an air of freshness to the surrounding 
country. The breath of spring was 
everywhere. The trees were robed in 
the most delicate green ; and the sweet, 
rich voices of the morning songsters 
filled the air with melody. In the 
Union camp it was still unknown to- 
wards what point the enemy might be 
moving; but there was watchfulness 
everywhere. Prentiss' grand guards 
had been doubled the night before ; 
and his pickets were out one mile and 
a half. Sherman's troops had already 
breakfasted, and were formed into line. 
With the early dawn Hardee's corps, 
which formed the first Confederate line, 
was in motion. Quickly but silently 
they passed across the ravine of Lick 
creek and the ground which separated 
it from the outlying divisions of the 
Union army. It was the more easy for 
them to move noiselessly that the fallen 
leaves, being soaked with rain, made 
no rustling sound under the footsteps 
of the men. The onslaught was tre- 
mendous. Avalanche-like, it overcame 
all resistance. The Union outposts were 
driven like chaff before the wind. On 
Hardee moved, falling heavily on Sher- 
man's left, and then, as if rebounding 
from tha't firm phalanx, his entire force 
rolled with resistless and crushing weight 
upon Prentiss' division. The fierce yells 
of the charging regiments, the sharp, 
shrill sounds of musketry, the booming 
of cannon, the bursting of shells, the 
crashing of timber, and the clouds of sul- 
phurous smoke which filled the woods, 
too plainly told that the battle of Shiloh 
had begun. 

" When the first shots were fired, Grant, 
unfortunately, was not on the ground. 
He had gone down the river to Savan- 



6 5 2 



HISTORY OF THE UNITED STATES. 



Book II., c 31 



nah, some nine miles off, to have an 
interview with Buell. Soon as he heard 
the first guns, he hastened to the scene 
(if action. Leaving a letter for Buell, 
and ordering Nelson, who had arrived 
with a portion of Buell's forces, to hurry 
forward, he took a steamboat for Pitts- 
burgh Landing. Halting at Crump's 
Landing, he gave directions to Lewis 
Wallace to follow at once, unless it 
should turn out that the firing they 
heard was intended to deceive and that 
the real attack was to be made upon 
him. In the latter event he was to de- 
fend himself to the utmost, and to rely 
with confidence on reinforcements being 
sent him with the 'east possible delay. 
The attack had been made at the first 
streak of early dawn. It was eight 
o'clock before Grant reached the field of 
Shiloh. He saw that he had to fight 
the combined Confederate force, and 
without the aid of Buell. What the 
Confederate strength was Grant could 
only guess. We know that the com- 
bined army was over forty thousand 
strong. Grant had an available force of 
thirty-three thousand men. He believed 
he could depend upon Lewis Wallace 
who had five thousand more. Some 
severe work, however, had already been 
done. There was a considerable gap 
between Prentiss' right and Sherman's 
left. It was into this gap that Hardee 
tried to force himself, his object being 
to outflank and turn both lines. In the 
beginning of the conflict Sherman's left, 
as we have indicated, was sorely pressed 
and suffered terribly. But that active 
and skilful general was present in the 
thickest of the fight; and by his cheering 
words and personal bravery, as well as 
by the admirable manner in which he 
handled his men, he laid that day the 
foundation of a fame which the American 



people will not willingly let die. Hilde- 
brand's brigade, which had been driven 
from its position by the first onset of the 
enemy, he tried in vain to rally. While 
thus engaged, he received a severe bullet 
wound in the hand. Nothing, however, 
could daunt his energy or induce him 
to relax his efforts. McClernand pushed 
forward a portion of his troops to aid 
the smitten Hildebrand; and these for a 
time bore the shock of battle. 

"All, however, was in vain. In poured 
the Confederates in ever-increasing num- 
bers. Bragg had come to the aid of 
Hardee ; and Polk, with the third Con- 
federate line, was already moving toward 
Sherman's rear. By nine o'clock a very 
large portion of Sherman's division was 
virtually out of the fight; and before ten 
Prentiss had been forced from his ground, 
his camp captured and plundered, his 
division thrown into confusion, and he 
himself isolated from his men. But for 
the pluck and skill of Sherman, the 
battle at this stage might have been lost, 
although it cannot be said that there was 
any lack of bravery on the part of any 
of the Union divisions. Officers and 
men everywhere vied with each other in 
deeds of daring. But Sherman showed 
strategy as well as pluck. Feeling the 
pressure of the enemy and in danger of 
being caught in the rear, he swung 
round upon his right as upon a pivot, 
coming out at a right angle and taking 
entirely new ground. Here he took 
a firm position and held it tenaciously 
for several hours, the repeated and vig- 
orous attacks of the enemy falling upon 
the solid front of his well-arranged bat- 
talions as upon a shield of shining steel. 

"The falling back of Sherman, while 
it enabled him to prolong the contest 
and successfully to prevent attack in the 
rear, left McClcrnand's division com- 



THE ADMINISTRATION OF LINCOIN. 



65; 



pletely exposed. On this, therefore, the 
Confederate forces fell with tremendous 
energy. For a time McClernand boldly 
and even successfully resisted, most ef- 
fective aid being rendered by Dresser's 
powerful rifled cannon. Regiment after 
regiment of the Confederates rushed 
through the abandoned camps and 
pressed forward only to be cut to pieces 
by the deadly rifle-shot. Ultimately, 
however, the force of overwhelming 
numbers began to tell on McClernand's 
lines. He was forced to retire, not, 
however, except in the most perfect 
order, fighting as he went and bravely 
contesting every inch of ground. By 
eleven o'clock this division was on a line 
with Hurlbut, close to W. H. L. Wallace, 
with Sherman to the right. 

" Meanwhile Stewart's brigade, of 
Sherman's division, which was posted on 
the extreme left of the National line, 
about two miles from Pittsburgh Landing, 
on the Hamburg road, near Lake creek, 
wfrei'e Buell was expected to land, was, 
in consequence o( the falling back of 
the other divisions, in an extremely 
perilous position. The screaming of a 
shell in its passage through the branches 
of the trees overhead apprised Stewart 
of the approach of the enemy in his 
direction. It turned out to be a column 
of cavalry and infantry, composed for 
the most part of Breckinridge's reserves. 
They were moving along the road lead- 
ing from Corinth to Hamburg. Notify- 
ing W. H. L. Wallace of his difficulty, 
and calling for aid, he calmly awaited 
the attack. It was fiercely made and 
gallantly resisted. Wallace sent Mc- 
Arthur to the aid of Stewart ; but 
McArthur missed his way, and came 
directly on the Confederates under 
Withers. It was impossible for Stewart 
to maintain his position ; but so vigor- 



ously did McArthur engage the enemy 
that Stewart managed to avoid capture, 
and succeeded in reaching a place of 
comparative safety, where he restored 
his shattered force to something like 
order. 

" The battle had raged since the early 
morning. It was fiercest about ten 
o'clock. There was but little intermis- 
sion, however, until two. About ten 
Grant visited Sherman's camp, and find- 
ing that the supply of cartridges was 
short, he organized a train of ammuni- 
tion wagons to run between the camp 
and the Landing — an arrangement beset 
with great difficulty, in consequence of 
the large number of fugitives who were 
forcing their way through the narrow 
road. By twelve o'clock noon, the Con- 
federates had possession of the ground 
occupied in the morning by the first 
line of the National army ; and the 
camps of Sherman, McClernand, Pren- 
tiss, and Stewart had been captured and 
plundered. Three of the five divisions 
of that army had been completely routed. 
The ground being entirely cleared before 
them — Prentiss' brigade, as we have 
seen, being demolished and Stewart 
having been compelled to retreat, Mc- 
Clernand, too, and Sherman having both 
yielded on the right — the Confederates, 
apparently resolved to push matters to a 
crisis, rushed with tremendous fury upon 
Hurlbut, who still maintained his original 
position, and who had been joined by 
Prentiss and some 2,000 of his men. 
W. H. L. Wallace flew to the aid of 
Hurlbut, taking with him the Missouri 
batteries of Stone, Richardson, and Web- 
ber. Hurlbut, who had hitherto been 
in the open fields, now fell back into the 
woods which lay between his camp and 
the river, and there, nobly aided by Wal- 
lace, who fought like a hero of old, 



654 



HISTORY OF THE UXITED STATES. 



Book II., c. 31 



gallantly resisted the foe for several 
weary hours. Upon this compact body 
of National troops, who knew that if 
they had death in front they had certain 
death in the rear, three most desperate 
charges were made, as if upon a wall of 
iron. In one of these encounters Gen- 
eral W. H. L. Wallace fell, mortally 
wounded. McArthur took the com- 
mand; but in spite of their best efforts, 
both he and Hurlbut were compelled to 
rjtire a little further down and towards 
the river. In the confusion, Prentiss and 
his company getting isolated, were cap- 
tured, sent to the Confederate rear, and 
finally marched to Corinth as prisoners 
of war. 

"The situation now seemed desperate. 
It was between three and four o'clock. 
Sherman and McClernand, all but ut- 
terly exhausted, and having lost many 
of their guns, had fallen back and taken 
a position in front of the bridge which 
crosses Snake creek. It was over this 
bridge that General Lewis Wallace was 
momentarily expected to come. Grant 
had been pressed into a corner of the 
battle-field, his army at this time occupy- 
ing a space of not more than four 
hundred acres on the very verge of the 
river. As yet there were no signs of 
Wallace, nor any explanation of his de- 
lay. Buell, too, had failed to come to 
time. Five of the Union camps had 
been captured; and many guns and 
prisoners had fallen into the enemy's 
hands. Fatigue and disorder had done 
and were still doing their terrible work. 
Cooped up in this narrow corner of the 
field, with the triumphant enemy in front 
and the dark rolling waters of the Ten- 
nessee in the rear — death before and 
death behind — what more can Grant do? 
Will he surrender? No. The word had 
no place in his system of tactics. 



" The Confederates, however, were less 
strong than they seemed. Success had 
broken their ranks; and the hard work 
of the day had produced its natural 
fruit. The men were completely worn 
out. Some of their best men had per- 
ished. Generals Gladdon and Hindman 
had been killed; and about half-past two 
o'clock, when pressing his men towards 
the Landing, and almost recklessly ex- 
posing himself, Commander-in-chief 
Johnston received a rifle bullet in the 
leg, which proved fatal. There was a 
lull in the fight after Johnston fell; but 
Beauregard assumed command; and the 
struggle for possession of Pittsburgh 
Landing was resumed with fresh energy. 
Beauregard felt that there was no time 
to lose; for night and Buell were com- 
ing. 

" The entire strength of the Confed- 
erate army was at this stage being 
pressed against the National left. It 
seemed to be the object of Beauregard 
to turn the National line or force 'thCm 
into the river. In any case he was de- 
termined to seize the Landing. Hap- 
pily, as the result proved, a deep ravine 
lay between the Confederates and the 
Nationals, who, cooped up as they were, 
still covered the Landing. This ravine 
was impassable for artillery and cavalry. 
In consequence of the heavy rains, the 
bottom was wet and the sides slipper}'. 
The ravine led down to the river ; and 
at its mouth the two gun-boats Tyler 
and Lexington had taken position, their 
commanders having obtained permission 
from General Grant to exercise their 
discretion in shelling the woods and 
sweeping the ravine. On the brow of 
his side of the ravine General Grant 
had hastily flung up some earthworks 
in the form of a half-moon. To several 
siege guns which were parked there, 



THE ADMINISTRATION OF LINCOLN. 



655 



Colonel Webster, Grant's chief of staff, 
added a number of guns which had be- 
longed to light batteries, now broken 
up, and thus secured a semi-circular de- 
fence of about fifty cannon. This hur- 
riedly improvised battery reached round 
nearly to the Corinth road. The wretched 
condition to which the National army 
had been reduced may be gathered from 
the fact that it was with the utmost dif- 
ficulty men could be got to work the 
guns. The men were exhausted and 
demoralized. Volunteers were called 
for; and Dr. Cornyn, surgeon of the 
First Missouri Artillery, having offered 
his services, his example was quickly fol- 
lowed. The Confederate assault was led 
by Chalmers, Withers, Cheatham, Rug- 
gles, Anderson, Stuart, Pond, and Stevens. 
It was a perilous attempt, but it was 
bravely made. Down the steep sides of 
the ravine they rushed, uttering their 
favorite and familiar cry. For a moment 
it seemed as if all was lost, and as if 
Beauregard was about to crown the day's 
work by a final crushing blow. But no. 
It was destined to be otherwise. The 
slippery sides of the ravine, and the slush 
and mud at the bottom, greatly hindered 
the movements of the attacking party. 
Once in the deadly hollow, there was 
literally no way of escape. At a signal 
given, W'ebster's guns, from their fifty 
mouths, opened fire in front ; while the 
Tyler and Lexington, striking the Con- 
federates on the flank, swept the ravine 
with their eight-inch shells. It was now 
a most unequal contest. The Confed- 
erates had fallen into a trap. Every 
onward movement was vigorously re- 
pulsed. The National troops began to 
rally, and finding position, contributed to 
the work of destruction by the unerring 
aim of their rifles. Again and again and 



terrible fire, rushing across the ravine as 
if they would storm the battery in front ; 
but it was only to be mowed down like 
grass or driven back like sheep. The 
ravine was filled with the wounded and 
the dead. So dense was the smoke that 
the entire scene was wrapped in almost 
midnight darkness — a darkness relieved 
only by the swift-recurring rifle flash and 
the cannon's blaze. It was a virtual hell 
— a real, a veritable valley of death it- 
self. The tide had turned. The crisis 
was past. Beauregard, seeing that it 
was useless to prolong the struggle, 
withdrew his men. He professed him- 
self satisfied with what he had done ; 
and, as it was near nightfall, he thought 
he might rest for the night and give the 
finishing touch in the morning. The 
firing now ceased, and Grant was left 
master of the ground. Before the close 
of the struggle, Nelson, with Buell's ad- 
vance, had arrived on the field ; and Lewis 
Wallace, having at last found his way, 
was coming up with his 5,000 men. For 
the National cause, the first day at Shiloh 
had ended not ingloriously ; and with 
these fresh accessions of strength, the 
prospect was bright for the coming day. 
" The dreary hours of the night were 
sufficiently filled with horrors. The gun- 
boats kept up an incessant cannonade, in 
some places setting the woods on fire. 
The wounded on both sides vainly sought 
to escape from the grasp of this new and 
terrible destroyer. Happily a heavy rain- 
storm fell upon a scene of agony, and the 
fire was extinguished. Shortly after the 
firing had ceased, Grant visited Sherman; 
and as it was the opinion of both that 
the Confederates were exhausted, it was 
agreed that the attack should be resumed 
early in the morning. Subsequently, 
Grant visited each of the division com- 



yet again did the Confederates face thej manders, giving the necessary instruc- 



656 



HISTORY OF THE UNITED STATES. 



Eook II, c. 31 



tions, and then flung himself on the wet 
ground and snatched ;i few hours rest, 
with his head resting on the stump of a 
tree. During the night Lewis Wallace 
came up, and Buell arrived in person. 
All night through, steamboats kept busily 
plying between Savannah and Pittsburgh 
Landing, bringing up the remaining divi- 
sions of Buell's army. Nelson's division 
was all on the field by nine o'clock P. m., 
Crittenden's arrived a little later; and by 
five in the morning McCook's division, 
which was the last to come up, having 
had to wait for boats, was all safely disem- 
barked. Twenty-seven thousand men 
were thus added to the National army. 

"With the early light of the morning 
of the 7th, which came in with a drizz- 
ling rain, the troops were in position and 
ready to make the attack. The fresh troops 
were placed in line, as they came upon 
the field, considerably in advance, and 
upon the ground abandoned by Beaure- 
gard after the failure of his last attack. 
Nelson was on the left; then in order, 
Crittenden, McCook, Hurlbut, McCler- 
nand, Sherman and Lewis Wallace. 
Thomson, of Wallace's division, with his 
field guns, was the first to disturb the 
silence of the morning and to awaken 
the echoes of the forest. The response 
was vigorous, but the fresh troops of 
Wallace stood bravely at their work. 
At this moment Grant arrived, and or- 
dered Wallace to press forward and at- 
tack the Confederate left under Bragg, 
who, since the death of Johnston, was 
second in command. This was gallantly 
done, the Confederates being compelled 
to abandon the high ground, which was 
soon occupied by Wallace's troops. 
Here a halt was made, Wallace expect- 
ing Sherman to come to his aid. 

" Meanwhile the two armies had come 
into collision at the other extremities of 



their lines. From what has been said 
abow. it will be seen that Buell's force, 
which lay nearest to Pittsburgh Landing, 
composed the centre and left of Grant's 
new line of battle. The divisions of 
Nelson and Crittenden only were ready, 
when Wallace's guns were heard boom- 
ing to the right. They moved forward 
at once, Nelson's division leading. 
Their artillery had not yet arrived ; but 
the batteries of Mendcnhall and Terrill, 
of the regular service, were placed at 
their disposal. Nelson had moved half 
a mile, at least, before he felt the enemy. 
At the first touch he seemed to yield, 
but it was only for a moment. At this 
point Beauregard had gathered up his 
strength, and was resolved to strike a 
deadly blow. If he could turn the Na- 
tional left, he might still accomplish his 
purpose of yesterday, and make himself 
master of the Landing. His onslaught 
was tremendous. For a second Nel- 
son's troops wavered, but it was only for 
a second. Mendenhall's battery was 
hurried into action; and the advancing 
Confederates were driven back in confu- 
sion by a tempest of grape and canister. 
Hazen's brigade charged, captured one 
of Beauregard's batteries, and turned it 
with deadly effect on the foe. Once 
more the Confederates came up, with re- 
doubled strength, and Hazen fell back 
before the advancing tide. Terrill's 
battery, of McCook's division, was now 
got into position. Pouring forth shell 
from his ten-pounders, and grape and 
canister from his brass twelves, Terrill 
did splendid and effective work. For 
two hours the artillery conflict raged. 
Crittenden was on Nelson's right, and 
McCook was to the right of Crittenden, 
fronting the Confederate centre. Buell 
had taken general command of his own 
troops. The terrible artillery duel be- 



THE ADMINISTRATION OF LINCOLN. 



657 



gan to tell on the Confederate line. 
Nelson, becoming more daring, began to 
move forward. Crittenden and McCook 
advanced abreast at the same time ; but 
every inch of ground was keenly con- 
tested, and victory, now leaning to one 
side, and now to the other, seemed un- 
decided as to which to award the palm. 

" Sherman's captured camp was still 
in the Confederate rear, and to this as an 
objective point the National line kept 
slowly but steadily, advancing. Sher- 
man and Wallace, carrying, out Grant's 
instructions to the letter, have advanced 
under a terrible fire, and have reached 
the ridge occupied by the former on 
Sunday morning. The little log church 
in Shiloh has again become a conspicu- 
ous object in the battle-field. Around 
it the tempest of battle is again to rage. 
Beauregard, despairing of success on the 
left, had, by countermarching his troops, 
greatly strengthened himself in front of 
the enemy's right. The struggle at this 
point was protracted and severe. Sher- 
man and Wallace held their ground, and 
it soon became apparent that Beaure- 
gard's strength was all but exhausted. 

"At the same time that the Confeder- 
ate general had concentrated his troops 
against the National right, he did not 
neglept an opportunity which seemed to 
present itself more towards what might 
be called the National centre. Noticing 
a slight gap between Crittenden and 
McCook, he endeavored to force a pas- 
sage between them. Here he made his 
last effort — his last decided stand. It 
was all in vain. McCook's division 
stood like a wall of iron. The Confed- 
erate centre now began to yield. All 
along the line, from Nelson on the left 
to Sherman and Wallace on the right, 
the Nationals were pressing forward. 

Everywhere the enemy was seen retiring. 

42 



' Cheer after cheer,' says Wallace, ' rang 
through the woods, and every man felt 
that the day was ours.' The battle of 
Shiloh was ended. ' Don't,' said Beau- 
regard to Breckinridge, as he ordered a 
retreat, ' don't let this be converted into 
a rout.' It was now half-past five 
o'clock, and the wearied National troops 
being in no mood to pursue the foe, the 
retreat was the more easily conducted. 
The two days' fighting had resulted in 
the loss of over twenty thousand men — 
the Confederate killed and wounded 
amounting to more than ten thousand ; 
the Nationals to nearly twelve thousand. 

" General Halleck only did what was 
right when he thanked Generals Grant 
and Buell, ' and the officers and men of 
their respective commands, for the bra- 
very and endurance with which they 
sustained the general attack of the en- 
emy on the 6th, and for the heroic man- 
ner in which on the 7th they defeated 
and routed the entire rebel army.' Gen- 
eral Grant showed his magnanimity 
when, in writing to the War Department, 
he said, ' Sherman held with raw troops 
the key-point of the Landing. It is no 
disparagement to any other officer to say 
that I do not believe there was another 
division commander on the field who 
had the skill and enterprise to have done 
it. To his individual efforts I am in- 
debted for the success of the battle.' 

" Lewis Wallace was greatly blamed 
for his non-appearance on the field of 
battle on the 6th. It was not difficult, 
however, for that brave officer, who did 
such effective work on the 7th, to give 
sufficient and satisfactory explanations. 
He had, it appeared, obeyed his first 
orders, which were that he should join 
the right of the army, but not knowing 
that it had fallen back, he had wasted 
the whole afternoon in a fruitless march. 



658 



JI I STORY OF THE UNITED STATES. 



Book II., c. 31 



" There has been much useless discus- 
sion as to how much Grant was indebted 
to Buell for the victory at Shiloh. What 
did happen we know. What might have 
been we cannot tell. Some of the facts 
of the case are plain, and admit of no 
double interpretation. During the greater 
part of Sunday, the Confederates marched 
triumphantly from point to point. The 
Nationals were driven back entirely from 
their original ground; five of their di- 
vision camps were overrun and captured; 
and Grant, with his whole army, was 



the arrival of reinforcements, which, in- 
cluding Wallace's division, amounted in 
all to 27,000 men, made victory on the 
following day comparatively more easy. 
But we are not at liberty to say that, 
without the aid of Buell, Grant might 
not have accomplished his purpose, and 
driven the enemy from the field. We 
simply cannot tell. We know that both 
Grant and Buell did their best, and that 
their best was needed. From earliest 
dawn till half-past five in the afternoon 
the battle raged without intermission. 




MEMPHIS, TENNESSEE. 



pressed into a corner of the field. The 
situation was desperate. One blow 
more, and it seemed as if Beauregard 
would reap a glorious victory. Of all 
this there can be no doubt. It is as 
little to be denied, however, that at the 
last moment Grant snatched victory from 
his triumphant rival. The advancing 
Confederates were not only successfully 
resisted, but driven back in confusion 
and compelled to give up the struggle. 
All this Grant accomplished before any 
effective assistance arrived from Buell. 
It would simply be absurd to deny that 



It was no easily won victory ; and if 
praise is due to the Union commanders, 
justice compels us to be equally gener- 
ous to General Beauregard. If for the 
moment we could forget the cause, and 
think only of the skill and heroism dis- 
played, we should say that on those two 
days he covered himself with glory. In 
Beauregard the Union commanders found 
a foeman worthy of their steel. He was 
by far the ablest general who had yet 
appeared in the Confederate ranks." 

On the 29th of May General Beaure- 
gard withdrew his forces from Corinth, 



THE ADMINISTRATION OF LINCOLN. 



659 



and fell back to Tupelo, Mississippi. 
Soon after this (on the 4th of June), 
Fort Pillow, on the Mississippi, was 
abandoned by the Confederates; and on 
the 6th the city of Memphis was occu- 
pied by the Federals. 

Beauregard's health failing, he was re- 
lieved, and succeeded by General Brax- 
ton Bragg in command of what was 
known as the army of the Tennessee. 
While these events were occurring in 
the West, others of vast importance were 
transpiring in the East, which now re- 
quire notice. Under the programme 
stated McClellan had organ- 
ized in Washington, during 
the winter, a new army, known 
as the army of the Potomac, 
thoroughly drilled, disci- 
plined, and equipped, num- 
bering at least 1 20,000 men. 

Its object was the capture 
of Richmond, and for this 
purpose it was put in motion 
on the 8th of March. It 
was first directed against Jo- 
seph E. Johnston, at Manas- 
sas, with a force of not over 
30,000 all told. Johnston, 
by great adroitness, withdrew 
his small army towards Rich- 
mond, and thus eluded the threatened 
crushing blow. This caused McClellan 
to change the line of his operations. 
The plan then adopted by him was 
to make his approaches upon Rich- 
mond by the Chesapeake bay, up the 
Peninsula, using the York river as a 
base for supplies. For this purpose his 
forces were conveyed by transports to 
Fortress Monroe. The Peninsula at 
that time was defended by General John 
B. Magruder, with a small Confederate 
force not exceeding 1 1,000. To support 
these, and to check McClellan's move- 



ments when they were known, Johnston, 
by rapid movements, concentrated, as 
soon as possible, all the available forces 
that he could command at Yorktown, or 
its vicinity. 

By these manoeuvres considerable 
delay was caused in McClellan's ad- 
vance, and it was not until early in May 
that he reached as far as Yorktown. 
Several encounters took place on his 
advance before and after he reached that 
place, as Johnston, with consummate 
strategy, retired before his overwhelm- 
ing numbers. The most important of 




VIEW OF THE CHICKAHOMINY NKAR MECHANICSVILLE. 

these engagements was the battle of Wil- 
liamsburg, in which Longstreet com- 
manded the Confederates engaged, on the 
5th of May, between detachments of the 
two armies. This resulted very much 
to the advantage of the Confederates. 
McClellan with his superior forces, how- 
ever, continued to advance until he 
reached the Chickahominy, in the latter 
part of the month. On the 31st of Max- 
portions of the two armies met in battle 
on the right side of that stream. This 
is known as the battle of the Seven 
Pines, or Fair Oaks. The losses on both 



66o 



HISTORY OF THE UNITED STATES. 



Book II., c. 31 



sides were great. In the action General ' The wonderful Valley Campaign of 
Johnston received a severe wound in his the celebrated " Stonewall " Jackson,* 
shoulder, by which he was disabled and as he was called, commenced on the 
compelled to leave the field. The chief 23d of March, with the bloody conflict 
command of his forces was then assigned between his forces and those of General 
to General Robert E. Lee, who had been I Shields, at Kernstown. This was fol- 







STONFAVAU. 



recalled from the Southern scacoast. 
Hut while Johnston, with his great skill 
and tactics, had been thus holding 
McClellan in check, or retarding his 
advance on the Confederate capital, very 
important military operations were going 
on in another part of Virginia. 



JACKSON. 

lowed by his notable victor}' over Milroy, 
at McDowell, on the 8th of May; over 

* This appellation, which became famous, owed its 
origin to a remark of General Bee, just before he fell 
in the battle of Manassas, on the 21st of July, 1S61. 
While rallying his men, he said : " There is Jackson, 
standing like a stone wall." 



THE ADMINISTRATION OF LINCOLN. 



66 1 



Banks at Winchester, on the 25th of 
May ; over Fremont at Cross Keys, on 
the 8th of June, and over Shields at Port 
Republic, on the 9th of June. This most 
extraordinary chieftain, in this campaign, 
"within forty days marched his little 
army of not much above 15,000, during 
this period, over 400 miles; sent 3,500 
prisoners to the rear ; left as many more 
of the enemy killed or disabled on the 



signal of the ever memorable six days' 
terrible fighting around the Confederate 
capital. The whole of these grand mil- 
itary exploits was now, on the Confed- 
erate side, under the immediate and 
entire direction of General Lee. 

The result of these repeated conflicts 
at Mechanicsville and Beaver Dam 
Creek, the 26th ; Gaines's Mill, the 27th ; 
Savage Station, the 29th ; Frazier's Farm 




IRON CLAV CV N BOAT. 



field, and defeated four separate armies, 
amounting in the aggregate to at least 
three times his numbers." 

This is the man the thunder of whose 
guns, seventeen days after his victory at 
Port Republic, on the evening of the 
26th of June, on the rear right flank of 
McClellan's army (which now stood 
astraddle the Chickahominy, within a 
few miles of Richmond), was the opening 



and White Oak Swamp, the 30th ; and 
Malvern Hill, the 1st of July — was a 
series of brilliant victories, which, when 
the numbers and equipments on the re- 
spective sides are considered, have few 
parallels in history. The loss in killed and 
wounded was about 20,000 on each side ; 
but the Confederates, with a force greatly 
less in the aggregate than their adver- 
sary, captured over 10,000 prisoners, 



662 



HISTORY OF THE U XI TED STATES. 



Book II., c 31 



52 pieces of artillery, with 30,000 stand 
of small-arms, and an immense amount 
of army stores. McClellan's army 
sought and obtained refuge under the 
protection of his gun-boats at Harri- 
son's Landing, on James river. So 



" The national army was strongly 
fortified on the Chickahominy. The 
left wing was on the south of that 
stream, between White Oak Swamp 
and New Bridge. The roads towards 
Richmond were commanded by heavy 




GENERAL STUART. 



guns. The right wing was nortli of 
the Chickahominy, and extended be- 
yond Mechanicsville. Several solid 



ended the Peninsular campaign, as it was 
styled. 

For a Federal account of the same 
military operations somewhat more in ; bridges had been thrown over the 
detail, we again quote extensively from stream, thereby bringing the two wings 
Wilson, the same writer quoted from into easier communication. The one 
before. His narrative is as follows: fault of McClellan's arrangement was 



THE ADMINISTRATION OF LINCOLN. 



663 



that his line was too long, and, conse- 
quently, greatly attenuated. The Con- 
federates were not slow to discover this 
weakness of their adversary. On the 
13th of June, General J. E. B. Stuart, 
with some 1,500 cavalry and four pieces 
of horse artillery, made a bold dash on 
the National right, and, after some se- 
vere fighting at Hanover Court-House, 
swept around the entire army, working 
terrible destruction, and capturing 165 
prisoners and 260 mules and horses. 
After resting three hours at Talleysville, 
he returned next morning to Richmond, 
unopposed. This audacious movement 
of Stuart actually created great commo- 
tion in the army of the Potomac. For 
some days more all was quiet on the 
Chickahominy. On the 25th of June 
the army, then numbering 115,000 men 
present for duty, heard with delight that 
they were to be led out of the pestilen- 
tial swamps. On that day a forward 
.movement was made by Heintzelman's 
corps, with a part of Keyes' and Sum- 
ner's, on the Williamsburg road. At a 
place called Oak Grove the enemy was 
encountered in considerable strength, 
when a severe fight ensued, the Nation- 
als losing some 516 men in killed and 
wounded. The coveted point was 
gained, but it was not to be turned to 
much account. On that very night the 
unwelcome tidings arrived that Stone- 
wall Jackson was at Hanover Court- 
House. On the following morning 
the advance was recalled; and for the 
army of the Potomac there was some- 
thing else to do than to march in tri- 
umph to the Confederate capital. 

" On the same day on which the 
above-mentioned encounter took place, 
a Confederate council of war was held, 
and it was resolved that, as the Confed- 
erate lines around the city were now 



completed, the greater portion of the 
army might now be spared for a forward 
movement on the National line. Jack- 
son was to cross to the north of the 
Chickahominy, and move on the right 
flank of the National army ; and in the 
event of McDowell remaining inactive 
at Fredericksburg, a general and simul- 
taneous attack was to be made along 
McClellan's whole line. The National 
army was now in a perilous position. 
It was evident that the object was to cut 
McClellan off from his communications 
with the York river. He must either 
retreat or give battle out of his intrench- 
ments. McClellan had now to resolve 
what he would do. There was no time 
for delay. His decision was quickly 
taken. The bridge which he had thrown 
across the Chickahominy gave him the 
opportunity of throwing over either wing 
to the assistance of the other. He 
might concentrate on the north side or 
the south side, as he thought fit. But 
if he concentrated on the north bank, it 
implied an abandonment of the idea of 
capturing Richmond, and exposed him 
to the risk of an unsupported retreat to 
Yorktown. If he concentrated on the 
south bank, he lost his communications 
with White House, and he would have 
to execute the perilous operation of 
changing his base by a flank movement. 
It was seventeen miles from Fair Oaks 
to James river, and there was only one 
road — a road which was exposed to 
many others radiating from Richmond. 
The southern movement had this one 
advantage: that since the destruction of 
the Merrimac, the James river was open, 
and some transports had already found 
their way to City Point. The move- 
ment to James river was determined 
upon; and arrangements for a retre.t 
were made at once. Happily, the only 




PORTRAITS OF PROMINENT FEDERAL GENERALS. 



(664) 



THE ADMINISTRATION OF LINCOLN. 



665 



bridges in possession of the Confederates 
were about ten miles above, at Mechan- 
icsville. As the Confederates must needs 
go round by that way, time would be 
gained by the Nationals to make good 
their retreat to Harrison's Landing, 
where they would come under the shel- 
ter of the gunboats. Military writers 
have expressed the opinion that a more 
daring general might, by a judicious 
concentration of his troops on the south 
side of the Chickahominy, have marched 
in triumph to Richmond. It is true 
that the Confederate capital was left 
comparatively unprotected; and it is 
undeniable that the bravery of the troops 
and the skill of the officers, from the 
commander-in-chief downward, as dis- 
played in the retreat, encourage the 
belief that if the attempt had been 
made, it might have resulted in complete 
success. Such a course, however, 
necessarily implied a great risk. Defeat 
was not impossible ; and defeat in such 
circumstances would have been ruinous 
to the National army. True to his in- 
stincts, faithful to the character which 
he had already established, McClellan 
chose, as might have been predicted, 
the less hazardous course. 

" On the afternoon of the 26th began 
that series of engagements which culmi- 
nated in retreat — a retreat which, whether 
regard be had to the protracted character 
of the struggle, the severity of the fight- 
ing, or the skill with which it was con- 
ducted, must be considered one of the 
most memorable in history. Shortly 
after two o'clock on that day, the Con- 
federate General, A. P. Hill, crossed to 
the north side of the Chickahominy and 
moved on Mechanicsville. The right 
wing of McClellan's army, which, as we 
have seen, stretched beyond Mechanics- 
ville, was under the command of General 



Fitz John Porter, and consisted of the 
divisions of Morell, Sykes and McCall. 
McClellan had long before seen and rec- 
ognized the strategic importance of 
Beaver Dam creek, near Mechanicsville. 
The place was naturally strong; and its 
strength had been increased by some 
rifle-pits and abatis. Here were posted 
McCall's Pennsylvania reserves, 8,500 
strong, with five batteries. The bat- 
teries were so disposed as to command 
the stream and the open fields beyond, 
through which the Confederates must 
approach. In the face of a heavy fire 
from the batteries and from the infantry, 
Hill's brigades, followed by those of 
Longstrcet, advanced to the attack. 
They fell with tremendous force upon 
McCall's division. Making but little im- 
pression at first, they massed and fe'l 
successively on his right and on his left, 
doing terrible damage ; but it was all of 
no avail. The Nationals stood firm. 
McCall, receiving some effective aid from 
Martindale and Griffin, of the division 
of Morell, and his orders being admirably 
carried out by Generals Reynolds and 
Seymour, repelled the enemy at every 
point. From their superior position, the 
National guns did terrible execution. 
The battle lasted until nine o'clock, when 
the Confederates were driven back with 
a loss of 1,500 men. The National loss 
was trifling ; and, at the close of the fight, 
McClellan's men were in full possession 
of every point of the battle-field. The 
fight of the 26th is known as the battle 
of Mechanicsville. 

" McClellan had won the battle of Me- 
chanicsville ; but he felt, even more than 
before, the necessity of making a hurried 
retreat to the James river. Jackson had 
at last ccme up. He had already crossed 
Beaver Dam creek ; and he was moving 
down towards the National ri<zht. Mc- 



666 



HISTORY OF THE UNITED STATES. 



Book II. c "l 



Clcllan could no longer doubt that it was 
Lee's intention to cut him off from his 
communications at the White House. 
Retreat, in his judgment, must be com- 
menced at once ; and, in his own words, 
' to that end, from the evening of the 
26th, every energy of the army was 
bent.' Quartermaster Ingalls was or- 
dered to forward the stores and muni- 
tions of war to Savage's Station, to burn 
what he could not remove, and to do his 
utmost to have supplies sent up the 
James. Having sent his wounded also 
to Savage's Station, he prepared to cross 
the Chickahominy with his right wing, 
for the flight. During the night most 
of the heavy guns and wagons were 
thrown across the river, and shortly be- 
fore dawn the troops were skilfully with- 
drawn to a strong position near Gaines' 
Mills, between Cool Arbor and the Chick- 
ahominy. There, in the form of an arc 
of a circle, the left resting on the Chick- 
ahominy, the right towards Cool Arbor, 
and covering the two bridges — Wood- 
bury's and Alexander's — the Fifth corps 
on the morning of the 27th awaited the 
attack. Some of the siege guns were 
yet in position there; and those which 
had been taken over the stream were 
planted so as to cover the approaches to 
the bridges. Morell's division was on 
the left: and Sykes' division of reg- 
ulars and Duryea's Zouaves were on the 
ri'dit, extending towards Cool Arbor. 
The extreme point of the right wing, 
which rested on a swamp on the Cool 
Arbor road, was held by Battery I, Fifth 
United States artillery, Captain J. H. 
Weed. Meanwhile, Stoneman had been 
sent to the White House with a column 
of cavalry, to evacuate the depot and to 
destroy there what could not be used. 

"About noon the Confederates were 
discovered approaching in force, under 



A. P. Hill ; and soon the artillery opened 
a heavy fire. Sykes was the first to feel 
the severity of the enemy's attack ; but 
he rose upon them in his might and 
hurled them back in confusion, and with 
heavy loss. Longstrcet now came for- 
ward to the relief of Hill. His first in- 
tention was to make a feint on Porter's 
left ; but the situation was too serious ; 
and he was compelled to make a real 
attack, or do nothing at all. He re- 
solved, therefore, to carry the heights on 
which the Nationals were posted ; and 
while he was preparing to do so, Jack- 
son and D. H. Hill arrived and took 
positions. The order was now given for 
the whole Confederate line to advance, 
except the right wing under Magruder, 
which was confronting McClellan on the 
right bank of the Chickahominy. The 
brave masses rushed with ' thundering 
hurrahs,' upon the musketry of Porter's 
troops ; and whole ranks went down 
under the terrible fire. After a tremen- 
dous struggle, in which the Confederates 
vainly attempted to get possession of the 
rising ground on which the Nationals 
were posted, the former began to give 
way. The}- were already falling back in 
disorder. At this critical juncture, Gen- 
eral Cobb appeared on the field with his 
legion, together with the Fourteenth 
Virginia and the Nineteenth North Car- 
olina, and vainly attempted to renew the 
fight. His legion was sent rolling back 
in broken fragments from the charge ; 
and the Nineteenth North Carolina lost 
eight standard-bearers, with most of their 
officers killed or wounded. 

"At 2 o'clock, Porter, feeling the press- 
ure which was brought to bear upon 
him, sent to McClellan for reinforce- 
ments. McClellan, dreading the army 
under Magruder in his immediate front, 
could only spare Slocum's division, of 




PORTRAITS OF THE PRINCIPAL NAVAL COMMANDERS DURING THE WAR. 

(667) 



658 



HISTORY OF HIE UNITED STATES. 



Book II., c 31 



Franklin's corps. He did not know that 
Magruder had not more than 25,000 to 
oppose to his 60,000, all of whom were 
well intrenched. Slocum arrived about 
half-past three, when the battle was rag- 
ing most fiercely. Porter's force now 
amounted to 35,000 men. For hours 
afterwards the fighting was desperate, 
and the issue doubtful. The Confeder- 
ates continued to hurl brigade alter 
brigade against the National line; but 
they came up, one after another, only to 
be broken like the angry waves on the 
rock-bound shore. Later in the day 
Porter again sent for reinforcements ; 
and the brigades of French and Meagher, 
of Richardson's division, were sent to 
his aid. They arrived just in time. 
Jackson, with the divisions of Longstreet 
and Whiting, had fallen with terrific 
energy on the National left. With fierce 
yells they crossed the intervening swamp, 
and rushed up to the very muzzles of 
Porter's guns. Cut down like grass 
before the scythe, the survivors neverthe- 
less still pressed forward over the dead 
bodies of their comrades. It seemed as 
if nothing could check their advance. 
Butterfield's gallant brigade, which had 
been repelling the heaviest attacks of 
the Confederates for more than an hour 
without any assistance, was no longer 
able to resist those furious onsets. 
Sorely pressed, it yielded, and fell back 
to the woods. By this movement, the 
batteries of Allen, Wecdon, Hart and 
Edwards were left exposed. In spite of 
a most heroic resistance, they, too, were 
forced to fall back, with the loss of sev- 
eral guns. At five o'clock Porter re- 
ported his position as critical. His 
opponents had now double his strength. 
At this supreme moment an untoward 
circumstance aggravated the difficulties 
of his position. Porter was calling up 



all his reserved artillery — about eighty 
guns in all — and was effectually covering 
the retreat of his infantry, when General 
St. George Cooke, acting without orders, 
attacked the Confederates on their flank 
with his cavalry, repulsing them in great 
disorder. His horses, terrified by the 
roar of 200 guns, and the shrill, sharp 
sounds of thousands of muskets, rushed 
back through the Union batteries, giving 
the impression that it was an attack of 
Confederate cavalry, and producing all 
the effects of a panic. But for this un- 
happy circumstance, Porter might have 
been able to hold the field and get all 
his guns across the river. As it was, his 
entire force was pressing towards the 
bridges, the Confederates, in great force, 
close upon their heels. It had almost 
become a rout. At this extreme mo- 
ment, when all seemed lost, the brigades 
of French and Meagher, who had 
crossed from the other side, came rush- 
ing up from the bridges and dashed to 
the front. Wild hurrahs rent the air as 
they appeared on' the field. The re- 
treating Nationals halted and re-formed. 
The Confederates, seeing fresh troops, 
and ignorant of their number, paused, 
and rested on the field they had won. 
It was now after sunset ; and darkness 
soon fell upon the scene of carnage. 
Such was the battle of Gaines' Mill. 
Prodigies of valor were performed by 
both armies. Weed's battery, above re- 
ferred to, was under fire for eight and a 
half hours ; and it was only when some of 
the guns were disabled, and when pressed 
by the overwhelming masses of the en- 
emy, that the position was abandoned. 
On both sides the losses were heavy. 
The Confederate loss must have been 
great ; for in Jackson's corps alone there 
were 589 killed and 2,671 wounded. Mc- 
Clellan's loss was 9,000 men and 22 guns. 



THE ADMINISTRATION OF LINCOLN. 



"Although he had suffered severely, 
and been driven from his position, Por- 
ter had yet won a substantial victory. 
He had accomplished the great purpose 
for which he fought. He was still mas- 
ter of the position in. front of the bridges. 
During the night he carried his thinned 
and exhausted regiments across the 
Chickahominy, and destroyed the bridges 
in his rear. It was found impossible to 
care for the dead and the seriously 
wounded, and a (ew guns and sorrte 
prisoners were left behind. McClellan 
applied his whole energies more and 
more towards the successful accomplish- 
ment of his retreat. Flight, not fight, 
was now his fixed purpose. General 
Keyes was ordered forward to take pos- 
session of the road across the White 
Oak Swamp, and of all communicatory 
approaches. By noon of the 28th 
Keyes was in the position prescribed. 
During the day Porter and McCall, with 
their shattered bands, took positions on 
the roads leading from Richmond to 
White Oak Swamp and Long Bridge. 
Sumner and Heintzelman, with Smith's 
division, of Franklin's corps, formed 
an interior line, guarding the Richmond 
roads. Slocum's division was left as a 
reserve at Savage's Station. While the 
troops were in this position, 5,000 
wagons, a siege train, a herd of 2,500 
oxen and vast quantities of material were 
successfully moved across the swamp, 
on the way towards the James river. 

" It was not until the afternoon of the 
28th that the Confederates fully under- 
stood the situation. They had sup- 
posed, from the manner in which the 
ground had been vacated, that McClel- 
lan had been cut off from his line of re- 
treat ; and the capture or destruction of 
the entire National army was regarded 
as certain. The Confederates were wild 



669 

with delight. The day was spent in bury- 
ing the dead and caring for the wounded. 
A demonstration was made towards 
White House, where it was expected 
immense stores of all kinds would be 
found. But Stoneman and Emory had 
already done their work, and proceeded 
by way of Yorktown to rejoin the army 
on the James river. In place, therefore, 
of finding rich and abundant supplies at 
White House, the Confederates found 
nothing but blackened ruins. What the 
Nationals had not been able to carry off, 
they had committed to the flames. 
When the state of things, at White 
House was reported to General Lee, he 
at once comprehended the situation. 
McClellan, he knew, was on his way to 
the James river, to form a junction with 
the fleet. Singularly enough, it does 
not appear that the plan of retreat con- 
ceived and carried out by McClellan 
had, up to that moment, entered the 
minds of the Confederate leaders. When 
it became known to them, they did not 
dream of the possibility of its success. 
It was their decided conviction that, as he 
had been driven from all his strongholds 
on the north side of the Chickahominy, 
and been cut off from all communica- 
tions with White House, his base of 
supplies, the Chickahominy in his rear, 
and the divisions of Magruder, Long- 
street and Huger in his front, it would 
be impossible for the National com- 
mander to save his army. Arrange- 
ments were made at once for a vigorous 
pursuit. 

" McClellan, not unnaturally, was 
greatly elated by the success which 
had so far attended the retreat. His 
despatch to the Secretary of War, bear- 
ing date June 28th, was boastful and 
extravagant. He truly declared that no 
one need blush for the army of the Poto- 



670 



II 1 SI OR Y OE THE UNITED STATES. 



Book 11., c 31 



mac. It was a little absurd, however, for 
him to say, considering the many oppor- 
tunities he had flung away, that with 
1 0,000 additional men hecould take Rich- 
mond to-morrow ; and surely his better 
sense had deserted him when he allowed 



' the 28th at Savage's Station, superin- 
tending the retreat, and so disposing his 
troops as effectually to block the way of 
j his pursuers. Early on the morning of 
' the 29th he caused to be destroyed all 
I that could not be carried away from the 




GENERAL LONOSTRI'.ET. 



himself to write to the Secretary of War : 
1 If I save this army now, I tell you plainly 
that I owe no thanks to you or to any 
other person in Washington. You have 
done your best to sacrifice this army.' 
" McClellan had spent the whole of 



camps. A complete railroad train, loco- 
motive, tender and cars, which had been 
left on the track, the cars filled with sup- 
plies and shells, was turned loose, and 
went rolling headlong over the broken 
bridge into the Chickahominy. The 



THE ADMINISTRATION OF LINCOLN. 



67I 



train had been set on fire at starting; 
and, as car after car went crashing over 
the broken bridge, the shells bursting in 
rapid succession, added grandeur to the 
work of destruction. This done, the 
General-in-chief moved across the White 
Oak Swamp towards the front of his re- 
treating columns. About the same hour 
that McClellan left Savage's Station, Lee 
commenced his pursuit. In the race, 
McClellan had the advantage of twenty- 
four hours. Magruder and Huger, who, 
as we have seen, were posted south of 
the Chickahominy and in front of the 
works at Fair Oaks, were ordered to 
push along the Williamsburg and Charles 
City roads; Longstreet and Hill were 
to cross the Chickahominy at New 
Bridge; and Jackson was to cross at the 
Grape Vine Bridge, and sweep down the 
right bank of the river. Provision was 
thus made to intercept the retreating 
army if possible; and, in any case, to 
fall with great force on both flanks, and 
on the rear. Magruder. as he moved 
along the Williamsburg turnpike, found 
that the works at Fair Oaks had been 
abandoned. Sumner and Heintzelman, 
with Smith's division, of Franklin's 
corps, had fallen back toward Savage's 
Station. Made aware of the approach 
of Magruder, Sumner prepared to offer 
resistance. The divisions of Richardson 
and Sedgwick were formed on the right 
of the railroad — Sedgwick's right touch- 
ing Heintzelman's left. Magruder fsll 
with great fury on Sedgwick as early as 
nine o'clock, but he was compelled to 
fall back. Unfortunately at this stage 
Heintzelman, giving way to some mis- 
apprehension of the orders given him, 
moved towards White Oak Swamp, and 
crossed the bridge, thus leaving a gap 
of some three-quarters of a mile between 
Sumner and Smith. Magruder saw his 



opportunity; and, after some manoeuv- 
ring, rushed upon the Nationals with 
tremendous violence. The brigades of 
Generals Burns, Brooke, and Hancock 
were soon engaged. The New York 
Sixty-ninth came to their aid; while 
splendid service was rendered by the 
batteries of Pettit, Osborn and Bramhall, 
who promptly took part in the action. 
Magruder was thus kept at bay, the 
National troops holding their ground 
until darkness fell upon the scene and 
made an end of the battle. Magruder 
had counted with confidence on being 
joined by Jackson, but that officer had 
been too long delayed in rebuilding 
Grape Vine Bridge. During the night 
Sumner, leaving behind him in the hos- 
pitals some 2,500 sick and wounded, 
moved towards White Oak Swamp; and 
before sunrise on the following morning, 
the National troops had passed over 
White Oak Bridge, and the bridge had 
been destroyed. Over this one bridge had 
passed almost the entire army of the 
Potomac, with all its trains and herds of 
cattle. By its destruction, a fresh ob- 
stacle was placed in the way of the pur- 
suing army. The fight of the 29th is 
known as the battle of Savage's Station. 
The one sad feature of the day was the 
leaving behind so many sick and 
wounded. It was one of those terrible 
necessities which bring out into striking 
relief the horrors of war. 

"On Monday morning, the 30th of 
June, McClellan had reached Malvern 
Hills. This is 'an elevated plateau, 
cleared of timber, about a mile and a 
half long by three-fourths of a mile wide, 
with several converging roads running 
over it. In front are numerous defensi- 
ble ravines, the ground sloping gradually 
toward the north and east to the wood- 
land, giving clear ranges for the artillery 



6/2 



IIISTOKY OF THE UX1TED STATES. 



Hook II., c. 31 



in those directions. Towards the north- 
west, the plateau falls off more abruptly 
to a ravine which extends to James 
river. From the position of the enemy, 
his most obvious lines of attack were 
from the direction of Richmond and 
White Oak Swamp, and would almost 
of necessity strike the National arm)- on 
its left, wing.' This place McClellan 
regarded as the key to his contemplated 
new position. Here, therefore, in the 
mansion house of the estate, he estab- 
lished his headquarters; and here he 
resolved to mass his troops and collect 
his artillery. He lost no time in estab- 
lishing communication between the army 
and the gunboats, which were in charge 
of Commodore Rodgers. Meanwhile a 
large part of the army, having emerged 
from White Oak Swamp, were begin- 
ning to appear on the high, open ground 
of Malvern Hills, the van reaching as 
far forward as Turkey Bend. It was 
not, however, without a severe struggle 
that this position had been gained. The 
morning of the 30th was exceedingly 
hot ; but there was to be no rest for 
the weary and foot-sore men on ei f her 
side. The retreating army must continue 
its retreat : the pursuing army must con- 
tinue its pursuit. Generals Sumner and 
Franklin were left to act as a rear-guard, 
and to hold the passage of White Oak 
SwaYnp Bridge. General Heintzelman, 
with the divisions of Hooker, Kearney, 
Sedgwick and McCall, took a position 
at the point of intersection of the roads 
which lead from Richmond, called 
Charles City Cross-Roads. The Confed- 
erates resumed the advance the follow- 
ing morning. Generals D. H. Hill, Whit- 
ney and Ewell, with their divisions, un- 
der command of Jackson, had crossed 
the Chickahominy by the Grape Vine 
Bridge, and followed the retreating Na- 



tionals by the Williamsburg road and 
Savage's Station. Generals Longstreet 
and A. P. Hill had crossed at New 
Bridge, and, having moved around the 
head of the swamp, made a rapid 
march down the Central road, in the 
hope of being able to strike McClellan's 
flank. Meanwhile, Magruder and 
Huger had been marching on a parallel 
line with Longstreet along the New 
Market road. The Confederates were 
in high hopes that they would be able 
to penetrate McClellan's line; and to 
make matters absolutely certain a brigade 
had been ordered to come across the 
James river from Fort Darling. It 
was expected that at least 80,000 Con- 
federates would be brought into action ; 
and Jefferson Davis had come on from 
Richmond to witness the capture or 
destruction of the army of the Potomac. 
About noon Jackson came up to White 
Oak Swamp and found the bridge 
destroyed. Sumner and Franklin were 
there in force. A fierce artillery fight 
commenced at once. It lasted during 
the entire day, the Confederates massing 
their forces and putting forth almost 
superhuman efforts to force a passage. 
It was found to be impossible, however, 
to make any headway against the bat- 
teries of Ayres and Hazard. During 
the struggle Hazard was mortally 
wounded, and his force was so cut up 
that his battery had to be withdrawn. 
Ayres continued the fire without inter- 
mission until night closed upon the scene. 
The Confederates failed in their purpose 
to force a passage across the swamp. 
During the night the Nationals retired, 
leaving on the ground some 350 sick 
and wounded, and several disabled guns. 
" While the contest was raging at the 
broken bridge, and the Confederates 
were prevented from crossing or making 



«6S 









THE ADMINISTRATION OF LINCOLN. 



673 



any attempt at reconstruction, another 
and even more fearful battle was raging 
in another direction, although at no great 
distance. Later on the same day, about 
four o'clock in the afternoon, Longstreet 
and A. P. Hill, who had been waiting 
for Magruder and Huger, fell upon 
Heintzelman and his forces at the point 
where the Long Bridge road intersects 
the- Quaker or Willis road, not far 
from Willis Church. There were two 
farms in the immediate neighborhood, 
one called Frazier's and the other called 
Nelson's, both of which have given 
names to the battle. The Nationals 
were strongly posted, their heavy guns 
particularly being in good position. 
Longstreet having been called away, 
the Confederate command devolved 
upon A. P. Hill. It seemed to be 
Hill's intention to drive the Nationals 
before him by the first onslaught. 
Massing his forces, therefore, on he 
came, as if with the speed of the 
whirlwind and the force of the ava- 
lanche. He had not properly reckoned 
regarding his foe. A terrific shower 
of artillery and musketry decimated 
his ranks and threw his troops into 
disorder. The crushing blow dealt by 
the Confederates fell most heavily 
upon McCall. His division — the Penn- 
sylvania Reserves — originally 10,000 
strong, had been reduced since he 
reached the Pamunkey to 6,000. But 
the men were in excellent trim, and 
full of spirit. Colonel Simmons, with 
the Fifth, Eighth, Ninth, and Tenth 
Reserves, rushed upon the Confederates, 
when reeling and broken under the 
terrific fire, driving them back to the 
woods and making 200 of them pris- 
oners. Lee hurried forward reinforce- 
ments ; and the victorious Nationals 
were driven back to their original 
43 



ground with terrible slaughter, Sim- 
mons himself being mortally wounded. 
For two hours more the battle raged, 
victory yielding now to the one side 
and now to the other. It seemed to 
be the determined purpose of the Con- 
federates to break the National line 
and to capture its batteries. At one 
time Cooper's battery in the centre 
was captured. By a dashing effort it 
was retaken, together with the stand- 
ard of an Alabama regiment. At a 
critical moment Meagher rushed for- 
ward with his Irish brigade; and such 
was the fury of the onset that the Con- 
federates were driven back again to the 
woods. One of the most brilliant 
charges of the day was made by the 
Fifty-fifth and Sixtieth Virginia. They 
captured Randall's battery, and drove 
back in confusion the supporting regi- 
ments. Determined to recapture it. 
McCall and Meade rallied their infantry. 
A terrific and protracted hand-to-hand 
fight ensued ; and, although the reserves 
were repulsed, they carried back with 
them the recaptured guns. The dark- 
ness was setting in. During the fierce 
struggle, the officers had recklessly ex- 
posed themselves. Meade was severely 
wounded, and a little later McCall was 
captured. Seymour assumed command, 
and the battle continued. The sounds 
of battle had attracted the attention of 
Hooker and Kearney; and as night was 
closing upon the scene, their divisions 
arrived upon the field. They were 
soon joined by the First New Jersey 
brigade. Some of the lost ground was 
immediately reclaimed. Joyful shouts 
arose from the National ranks. The 
Confederates, worn out and perplexed 
by this fresh accession of strength on 
the part of the Nationals, retired to the 
shelter of the woods. It was not an- 



674 



HISTORY OF THE UNITED STATES. 



Book II., c. 31 






other victory to either side ; but it 
.mother great battle ; and to the 
Nationals it was equal to a victory, 
for it was a successful resistance. On 
this day, as the reader now knows, 
there were two separate fights. The 
one is best known as the battle of 
White Oak Swamp; the other as the 
battle of Glendale. The latter is known 
also as the battle of Frazier's Farm. 

"In no previous battle of the war, 
perhaps, was the martial spirit so keenly 
and so bitterly developed as on this day, 
and particularly at the battle of Glendale. 
The wounding of Meade and the capture 
of McCall give evidence of the feeling 
on the National side. On the 30th of 
June the real sentiment of the rank and 
file of the Nationals was several times 
revealed by the loud and universal cry, 
' ( )n to Richmond.' On the Confederate 
si ile there was equal determination and 
more bitterness. It was no uncommon 
thing on that day for cavalry officers to 
leap from their saddles and lead to the 
charge infantry regiments which had lost 
their commanders. At one time General 
Hill, when the Confederates were in full 
it, seized the standard of the Fourth 
North Carolina, a regiment which he- 
hat 1 formerly commanded, and shouted 
to the retreating soldiers: ' If you will 
not follow, I will perish alone.' 'Lead 
on, Hill; head your old North Carolina 
boys!' rang over the field, while fifty 
officers dashed to his side. The result 
was that the Confederates halted and 
turned, and the pursuit was checked. 
Major Peyton had a son who had both 
his legs shattered. He called to his 
father for help. ; When we have beaten 
the enemy, then I will help you. I have 
other sons to lead to glory. Forward.' 
Such was the answer. In a few seconds 
more the father was dead. Such inci- 



dents might easily be multiplied on both 
sides; but these are sufficient to show 
the intensity of feeling which influenced 
both armies at this particular juncture. 
Of McCall's division, nearly one-fourth 
had been killed or wounded; and Gen- 
eral Pryor tells us that he crossed the 
Chickahominy with 1,400 men, and that 
in the fights that followed he suffered a 
loss of 859 killed and wounded, and 
eleven missing. 

'* It was the confident expectation of 
the Confederates that the battle would 
be resumed next day. In this, however, 
they were doomed to disappointment. 
During the darkness the retre.it was con- 
tinued; and on the morning of the 1st 
of July, the army of the Potomac was 
again a unit, and strongly posted — in- 
fantry, cavalry and artillery — on the high 
grounds of Malvern Hills, the James 
river in view, and its communication with 
that river secured. The character of 
that ground has been already described. 
The position was naturally strong, and 
McClellan had arrayed his forces with 
admirable skill. Both flanks of the army 
rested on James river, under protection 
of the gunboats. The arrangement of 
the troops from left to right was thus: 
Porter, Ileintzelman, Sumner, Franklin, 
Keyes. The approaches to the position 
were commanded by about seventy guns, 
several of them heavy siege cannon. 
' There were crouching cannon waiting 
for the enemy, and ready to defend all 
the approaches. Sheltered by fences, 
ditches, ravines, were swarms of infantry. 
There were horsemen picturesquely ca- 
reering over the noon-tide and sun- 
scarred field. Tier after tier of batteries 
were grimly visible upon the slope which 
rose in the form of an amphitheatre. 
With a fan-shaped sheet of fire, they 
could sweep the incline — a sort of nat- 



THE ADMINISTRATION OF LINCOLN. 



675 



ural glacis — up which the assailants 
must advance. A crown of cannon was 
on the brow of the hill. The first line 
of batteries could only be reached by 
traversing an open space of from 300 to 
400 yards, exposed to grape and canister 
from the artillery, and musketry from the 
infantry. If that were carried, another 
and still another more difficult remained 
in the rear.' Such was the position, and 
such were the forces against which Lee 
was now to direct all his strength. It 
was not without reason that, when the 
attack was about to be made, Hill ex- 
pressed to Lee his strong disapproval. 
Lee, however, had made up his mind to 
take the position by storm ; and he gave 
his orders accordingly. 

" The Confederate chief had massed 
his troops on the right; and he so posted 
his artillery as to be able to bring upon 
the National batteries a concentrated 
fire. It was his belief that by this means 
he would silence the guns of McClellan; 
and he had given orders that, whenever 
the expected result was produced, Arm- 
istead's brigade, of Huger's division, 
should advance with a shout and cap- 
ture the battery immediately before it. 
This shout was to be the signal for a 
general advance with fixed bayonets to 
1 drive the invaders into the James.' Lee 
found more difficulty in carrying out 
his plan than he had anticipated. The 
day was far advanced before the first gun 
was fired. Between three and four 
o'clock a heavy artillery fire was opened 
upon Couch, of Keyes' division, and 
Kearney, of Heintzelman's. A little 
later D. H. Hill, believing that he heard 
the preconcerted signal for a general 
advance, made a vigorous rush towards 
Couch's front. Instead of being sup- 
ported by 100 guns, as he had expected, 
• only a single battery was ordered up — 



that of Moorman ; and it was knocked 
to pieces in a few minutes. One or two 
others shared the same fate — that of be- 
ing beat in detail. Hill was driven back 
in confusion to the woods near the Qua- 
ker road. On his retreating, the Na- 
tional right advanced several hundred 
yards and took a stronger position. 
Magruder, meanwhile, had made a furious 
attack on Porter, who commanded on 
the National left. Two brigades of Mc- 
Laws' division, charging through a dense 
wood, rushed up to the very muzzles of 
Porter's guns. Attacks equally furious 
were made a little farther to the right, 
and also on the centre. It was to no 
purpose. The attacking columns, one 
and all, shared the same fate. They 
were driven back in confusion, and with 
heavy loss. Nothing could withstand 
the terrific fire of the National batteries. 
Malvern Hills literally blazed, as if one 
sheet of solid flame; and the guns, which 
crowned every rising knoll, from their 
many mouths belched forth shot and 
shell, which fell in showers on the be- 
wildered masses who from time to time 
pressed forward, only to be torn to 
pieces, or to be driven back in wildest 
confusion. There was a lull in the bat- 
tle. The fitting ceased for a time, the 
Confederates having all fallen back and 
taken shelter in the pine forest. Lee, 
however, was not to be driven from his 
purpose. He had made up his mind 
that Malvern Hills must be taken by 
storm ; and no matter what the cost, no 
matter how great the sacrifice, the at- 
tempt must be repeated. He spent the 
interval in re-forming his battalions; and 
at about six o'clock he opened a general 
! artillery fire on the right and left of the 
National position, his infantry rushing 
from their covering at the double-quick, 
sweeping over the undulating fields and 



6/6 



HISTORY OP THE UNITED STATES. 



Book II., C. ^1 



boldly up the hill in the direction of the 
batteries. As they advanced, their ranks 
were torn and ploughed by musketry as 
well as by" the heavy guns. Brigade 
after brigade was cut up and driven 
back; but their places were speedily 
filled, with a like result. As the even- 
ing advanced, the fighting became at 
once more general and more severe. 
The batteries on the hill redoubled their 
fire, the Confederates replying with equal 
boldness. The gunboats on the river 
now began to fling shot and shell, which 
fell with deadly effect on the Confederate 
masses. For two hours the hills abso- 
lutely shook under the fierce cannonade. 
It was not until nine o'clock that the 
attempt to capture the National position 
was abandoned, and that the firing 
ceased. In his report of the engage- 
ment at Malvern Hills, General McClel- 
lan gives a graphic picture of the strug- 
gle when it was most fierce. ' Brigade 
after brigade,' he says, 'formed under 
cover of the woods, started at a run to 
cross the open space and charge our bat- 
teries, but the heavy fire of our guns, 
with the cool and steady volleys of our 
infantry, in every case sent them reeling 
back to shelter, and covered the ground 
with tlnir dead and wounded. In sev- 
eral instances our infantry withheld their 
fire until the attacking columns — which 
rushed through the storm of canister 
and shell from our artillery — had reached 
■within a few yards of our lines. They 
then poured in a single volley, and 
dashed forward with the bayonet, captur- 
ing prisoners and colors, and driving the 
routed columns in confusion from the 
field.' Such was tlie battle of Malvern 
Hills. It was, although not in any sense 
decisive, one of tin- bloodiest and most 
fiercely contested battles of the war. 
"The night that followed was dark 



and stormy. The rain fell in absolute 
torrents. During such a night the 
sufferings of the wounded must have 
been fearful. The wearied Confederates 
sought a brief repose on the rain-soaked 
and blood-stained soil, some of them 
lying within one hundred yards of the 
National batteries. 

" When the morning of the 2d of 
July dawned, and the half-slept Confed- 
erates began to open their eyes, they 
discovered with some amazement that 
the Nationals were gone, and that Mal- 
vern Hills, the scene the evening before 
of so much tempestuous life — their 
heights crowned with frowning cannon, 
brilliant with gay uniforms, and refulgent 
with thousands of bayonets, which 
caught on their glittering points the 
rays of the setting sun — were deserted 
and silent as the grave. In the Confed- 
erate camp all was dire confusion. The 
following picture is by one of their own 
generals : ' The next morning, by dawn,' 
he says, ' I went off to ask for orders, 
when I found the whole army in the 
utmost disorder. Thousands of strag- 
gling men were asking every passer-by 
for their regiments ; ambulances, wagons, 
and artillery obstructing every road, 
and all together in a drenching rain 
presented a scene of the most woeful 
and heart-rending confusion.' It is not 
wonderful, when these things are known 
to us, that many competent critics have 
questioned the propriety of McClellan's 
conduct in continuing the retreat. The 
words, ' On to Richmond,' if uttered by 
him, would have been gladly obeyed by 
most of his officers, and by thousands 
of his men. This perpetual fighting, 
with no result but further retreat, was 
breaking the spirits of his soldiers. 
Such an order on the morning of the 2d 
would have filled them with newness of 



THE ADMINISTRATION OF LINCOLN. 



6/7 



life; and even at the last, worn and 
weary as they were, they might have 
marched in triumph to the Confederate 
capital. McClellan thought otherwise; 
and he otherwise ordered. 

" It is hardly possible to conceive of 
circumstances more depressing than 
those in which McClellan's army was 
placed on the night of the 1st of July, 
1 862. For six days they had been strug- 
gling with a powerful foe, each succes- 
sive fight being followed by a fresh retreat. 
During three days it had been contin- 
uous fighting and marching. The men 
had had no rest. Foot-sore and battle- 
worn, they were not to be allowed even 
on this night even an hour's repose. 
The roar of the conflict had not ceased 
more than two hours, when orders were 
given to resume the retreat. The night, 
as we have said, was dark, and the 
storm raged fiercely. We cannot won- 
der that the order gave general dissatis- 
faction. Some of them openly and 
loudly protested. Fitz John Porter was 
indignant; and his faith in his chief was 
at least temporarily shaken. Phil Kear- 
ney was more plain-spoken than most 
of his brother-officers. ' I, Philip Kear- 
ney,' he said, ' an old soldier, enter my 
solemn protest against this order for a 
retreat. We ought, instead of retreating, 
to follow up the enemy, and take Rich- 
mond; and in full view of all the respon- 
sibilities of such a declaration, I say to 
you all, such an order can only be 
prompted by cowardice or treason.' 
The order, however, was obeyed; and 
by midnight the utterly exhausted sol- 
diers were groping their way along a 
road which is described as desperate. 
There was only a narrow pass along 
which the army could retreat. The mud 
was ankle deep all over the ground. 
It was only seven miles to Harrison's 



Landing; and yet such was the nature 
oi the road and the condition of the 
ground, that it was not until the middle 
of the next day that the landing was 
reached. It was the evening of the 3d 
before the wagons were all forward and 
in their places. The Confederates after 
a fourth attempt at pursuit, turned their 
backs on the National army and on they 
moved to Richmond. 

" On the 4th of July General McClel- 
lan issued the following address to 
his army: 

" ' Soldiers of the Army of the Po- 
tomac — Your achievements of the past 
ten days have illustrated the valor and 




PHILIP KEARNEY. 

endurance of the American soldier. 
Attacked by superior forces, and with- 
out hopes of reinforcements, you have 
succeeded in changing your base of 
operations by a flank movement, always 
regarded as the most hazardous of mili- 
tary operations. You have saved all your 
guns, except a few lost in battle. Upon 
your march you have been assailed, day 
after day, with desperate fury, by men 
of the same race and nation, skilfully 
massed and led. Under every disad- 
vantage of number, and necessarily of 
position also, you have in every conflict 
beaten back your foes with enormous 



678 



HISTORY OF THE UXITED STATES. 



Book II., c. 31 



slaughter. Your conduct ranks you 
among the celebrated armies of history. 
None will now question what each of 
you may always, with pride, say: 'I 
belonged to the army of the Potomac' 
You have reached this new base com- 
plete in organization and unimpaired in 
pint. The enemy may at any time at- 
tack you — we are prepared to meet 
them. I have personally established 
your lines. Let them come, and we 
will convert their repulse into a final 
defeat. 

" ' Your government is strengthening 
you with the resources of a great people. 
On this, our nation's birthday, we declare 
to our foes, who are rebels against the 
best interests of mankind, that this army 
shall enter the capital of the so-called 
Confederacy ; that our National Consti- 
tution shall prevail, and that the Union, 
which can alone insure internal peace 
and external security to each State, must 
a\m\ shall be preserved, cost what it may 
in time, treasure and blood. 

" ' Geo. B. McClellan, 
" ' Major-General Commanding.' 

"On the 5th, President Davis issued 
the following address to the army in 
Eastern Virginia : 

" ' Soldiers : — I congratulate you on 
the series of brilliant victories which, 
under the favor of Divine Providence, 
you have lately won, and, as the Presi- 
dent of the Confederate States, do heartily 
tender to you the thanks of the countrv, 
whose just cause you have so skilfully 
and heroically served. Ten days ago an 
invading arm}-, vastly superior to you in 
numbers and the material of war, closely 
beleaguered your capital and vauntingly 
proclaimed its speedy conquest ; you 
marched to attack the enemy in his in- 
trenchments ; with well-directed move- 



ments and death-defying valor, you 
charged upon him in his strong posi- 
tions, drove him from field to field over 
a distance of more than thirty-five miles, 
and, despite his reinforcements, com- 
pelled him to seek safety under the cover 
of his gun-boats, where he now lies cow- 
ering before the arm}' so lately derided 
and threatened with entire subjugation. 
The fortitude with which you have borne 
toil and privation, the gallant!}- with 
which you have entered into each suc- 
cessive battle, must have been witn< 
to be fully appreciated ; but a grateful 
people will not fail to recognize you, and 
to bear you in loved remembrance. Well 
may it be said of you that you have ' done 
enough for glory ; ' but duty to a suffer- 
ing country and to the cause of consti- 
tutional liberty, claims from you yet 
further effort. Let it be your pride to 
relax in nothing which can promote your 
future efficiency ; your one great object 
being to drive the invader from your soil, 
and, carrying your standards beyond the 
outer boundaries of the Confederacy, to 
wring from an unscrupulous foe the rec- 
ognition of your birthright, community, 
and independence. 

" ' Jefferson Davis.' 

" Cheery and hopeful as were General 
McClellan's words, the complete failure 
of the Peninsular expedition filled the 
nation with sorrow. There was general 
gloom ; and but for the successes which 
had attended the armies in the West, the 
situation would have been desperate 
enough. The Confederates, of course, 
were jubilant ; and there were many who 
thought that they had good reason for 
their joy. In his report, General Lee- 
said : ' The siege of Richmond was 
raised, and the object of a campaign 
which had been prosecuted after months • 



THE ADMINISTRATION OF LINCOLN. 



of preparations, at an enormous expen- 
diture of men and money, completely 
frustrated. More than 10,000 prisoners, 
including officers of rank, 52 pieces of 
artillery, and upwards of 35,000 stand 
of b.nall arms were captured. The 
stores and supplies, of every description, 
which fell into our hands were great in 
amount and value, but small in compar- 
ison with those destroyed by the enemy. 
His losses in battle exceeded our own, as 
attested by the thousands of dead and 
wounded left on every field, while his 
subsequent inaction shows in what con- 
dition the survivors reached the protec- 
tion to which they fled.' Boastful and 
offensive as this report was felt to be at 
the time, it was nevertheless admitted to 
be a not distant approximation to the 
truth. The committee of Congress on 
the conduct of the war gave in a report 
which was not altogether favorable to 
McClellan. ' The retreat of the army 
from Malvern to Harrison's Bar,' it de- 
clared, ' was very precipitate. The troops, 
upon their arrival there, were huddled 
together in great confusion, the entire 
army being collected within a space of 
about three miles along the river. No 
orders were given the first day for occu- 
pying the heights which commanded the 
position, nor were the troops so placed as 
to be able to resist an attack in force by 
the enemy, and nothing but a heavy rain, 
thereby preventing the enemy from bring- 
ing up their artillery, saved the army 
from destruction.' There had been sent 
to the Peninsula from first to last about 
160,000 men. On the 3d of July, when 
this army had reached Harrison's Land- 
ing and was under the protection of the 
gun-boats, McClellan telegraphed to the 
President that he had not ' over 50,000 
left with their colors.' The actual num- 
ber, however, was about 86,000, as was 



679 

found on close inspection, when President 
Lincoln, on July the 7th, made a visit to 
McClellan's headquarters. These figures 
speak volumes. So large a sacrifice of 
human life ought to have produced 
greater and more beneficial results. 

"This chapter would be incomplete 
without a reference to the correspondence 
which took place between General Mc- 
Clellan and the government, in regard to 
his future movements and the use to be 
made of his army. On the morning of 
the day on which was fought the battle 
of Malvern Hills, McClellan telegraphed 
to Washington for fresh troops, adding 
that it might be necessary for him to 
fall back to the river. The President 
promptly replied that he had no men to 
send, but that if he had a million at his 
disposal, it would be impossible to for- 
ward them in time to meet the emer- 
gency, urging him at the same time to 
save his army, even if he should be com- 
pelled to fall back to Fortress Monroe. 
The President added: 'We still have 
strength enough in the country, and will 
bring it out.' On the following day 
McClellan asked for 50,000 troops, when 
he had for reply that the demand could 
not be complied with, as 15,000 more 
men were needed to defend the National 
capital. If he was not strong enough to 
take Richmond, the President did not 
ask him to attempt an impossibility. 
Strange to say, in spite of all this, Mc- 
Clellan made a demand on the 3d for 
100,000 men — a demand which he re- 
peated on the 4th, that he might, as he 
said, 'take Richmond and end the rebel- 
lion.' It was at this time, too, that he 
wrote that foolish letter which is destined 
to be remembered against him, offering 
the President political advice, particularly 
in the matter of slavery. 

" McClellan could not bear the idea 



68o 



HISTORY OF THE UN J TED STATES. 



Li.JOK II., c. 31 



of being overruled in his plans — if Rich- 
mond was to be captured, he must have 
the glory; nor could he for one moment 
find a place for the thought that he 
should cease to be the chief of the army 
of the Potomac. On the 23d of July, 
General Halleck, having resigned his 
command of the army of the West, as- 
sumed the duties of general-in-chief of 
the entire army of the United States. 
The first thing to which his attention 
was called was the condition of the army 
of the Potomac. Halleck, without delay, 
visited Harrison's Landing. Lincoln 
had been there on the 7th. McClellan 
was thus receiving sufficient attention. 
Halleck found McClellan bent on mov- 
ing to Richmond, but imperious in his 
demands for more troops. To accom- 
plish his purpose, he would require at 
least 50,000 additional troops. So large 
a number, Halleck assured him, was 
altogether out of the question. He was 
not authorized to promise more than 
20,000, and to let him have even that 
number implied the weakening of other 
places. McClellan took the night to 
consider the matter. In the morning he 
had come to the conclusion that he 
would make an attempt on Richmond 
with the additional 20,000. With this 
understanding Halleck left for Washing- 
ton. Almost immediately after his 
arrival there, he received from McClellan 
a telegram, stating that he could not 
undertake a movement upon Richmond 
with any hope of success, unless he was 
reinforced to the extent of 35,000 men. 
So large a ' body of men was not at the 
moment disposable. It was resolved, 
therefore, to withdraw the army of the 
Potomac to some position where it could 
unite with that of General Pope, and 
cover Washington at the same time that 
it operated against the enemy. On the 



30th of July, McClellan received instruc- 
tions to send away his sick as quickly as 
possible, and to prepare for a movement 
of his troops. On the 3d of August he 
was ordered by telegraph to withdraw 
his entire army to Acquia Creek. This 
he most reluctantly proceeded to do. 
On the 4th he wrote to Halleck, protest- 
ing against the withdrawal of his army. 
The telegram of the commander-in-chief 
had given him great pain. The with- 
drawal of the army to Acquia Creek 
could not but prove disastrous. It was 
removing the army farther from Rich- 
mond, and from a base of operations 
which had all the advantage of the co- 
operation of the gunboats on the river. 
It would prove demoralizing to the army 
— both men and officers; it would have 
a depressing effect upon the people; and 
it would have a powerful influence in in- 
ducing foreign governments to recognize 
the independent sovereignty of the 
Southern Confederacy. 

" By implication he denied that the 
government was unable to send him 
reinforcements. ' I point you/ he said, 
' to General Burnside's force, to that of 
General Pope — not necessary to maintain 
a strict defence in front of Washington 
and Harper's Ferry ; to those portions 
of the army of the West — not required 
for a strict defence there. Here, directly 
in front of the army, is the heart of the 
rebellion. It is here that all our re- 
sources should be collected to strike the 
blow which will determine the fate of 
this nation. All points of secondary 
importance elsewhere should be aban- 
doned, and every available man brought 
here. A decided victory here, and the 
military strength of the rebellion is 
crushed. It matters not what reverses 
we may meet with elsewhere — here is the 
true defence of Washington ; it is here, 



THE ADMINISTRATION OF LINCOLN. 



on the bank of the James river, that the 
fate of the Union should be decided.' 
There were both truth and. eloquence in 
McClellan's words ; but coming from 
him at this particular juncture, they were 
powerless and without effect. They 
failed to convince Halleck. They 
equally failed to make any change in 
the purpose of the government. Hal- 
leck's reply was vigorous. It left un- 
heeded none of the points which Mc- 
Clellan had raised. He differed from 
McClellan entirely as to the value of 
his position, at least in the circum- 
stances in which the National army, as 
a whole, found itself. He made a 
strong point of the fact that he found, 
on his arrival at Washington, the orig- 
inal army of the Potomac split into 
two parts, with the entire force of the 
enemy directly between them. It was 
desirable — it was necessary — that they 
be again united ; and, as this union 
could not be effected on the banks of 
the James, it must be attempted in the 
neighborhood of Fredericksburg. The 
question of demoralization was easily 
disposed of. ' Your change of front,' 
said Halleck, ' from your extreme right 
at Hanover Court-House to your pres- 
ent position was over thirty miles, but 
I have not heard that it demoralized 
your troops, notwithstanding the severe 
losses they sustained in effecting it' 
He referred with effect to McClellan's 
fickleness of purpose, now demanding 
50,000 men, now 20,000, and then dis- 
covering that nothing could be done 
without an addition of at least 35,000. 
He reminded him also of the dangerous 
character of the climate on the James 
river — a climate fatal to whites in the 
months of August and September. He 
finally assured him that no change could 
be made in the orders issued, and that 



the wishes of the government must be 
carried out. Halleck's letter was written 
on the 6th of August. It was not until 
the 14th that the evacuation of Har- 
rison's Landing commenced. McClellan 
left himself on the 23d, and arrived at 
Acquia creek on the day following. 

"Thus ended the ill-starred Peninsular 
expedition." 

Mr. Lincoln immediately called for 
300,000 more men. 

After McClellan's signal repulse in 
his movement against Richmond, a new 
Federal army was organized, and styled 
the army of Virginia. Its chief com- 
mand was assigned to Major-General 
John Pope. The remnant of McClel- 
lan's forces was ordered to Acquia creek, 
and put under the direction of the new 
chieftain, whose plan was to attack Rich- 
mond on a different line. Lee de- 
spatched Jackson to watch the new Fed- 
eral commander's movements. His ad- 
vance under General Banks was met by 
Jackson, on the 9th of August. The 
battle of Cedar Run ensued. In this 
Jackson was victorious. 

When Lee learned the state of affairs, 
and the number of forces concentrated 
under Pope, with his intention to move 
on Richmond overland from that direc- 
tion, he moved all his forces from about 
Richmond, with which he set out to meet 
and repel this movement. 

The two armies met on the 30th of 
August, on the rolling grounds of Ma- 
nassas, where the first great battle of the 
war had been fought the year before. 
In this another signal victory was achieved 
by Lee : Pope was completely routed 
and driven to his fortifications near 
Washington. 

Among the saddest casualties of this 
battle was the fall of Colonel Fletcher 
Webster, the son of the great Senator 



682 



HISTORY OF THE UNITED STATES. 



Book II., c. 31 



Daniel Webster, who had exerted so 
much of power and eloquence during his 
life to avert an issue of arms between the 
States. He fell at the head of his regi- 
ment in the last charge of the Confed- 
erates, under the lead of General Toombs, 
who was recognized by Webster as he 
was Mashing by. Toombs, hearing his 
call, turned his horse, dismounted, and 
seeing his condition, ordered a detail of 
soldiers to wait upon and give every at- 
tention to his dying friend. The meeting 
and parting were deeply affecting to 
both. 

The Federal loss was not less than 
30,000 men. Eight generals were 
killed; 9,000 prisoners taken, with 30 
pieces of artillery, and 30,000 stand of 
small arms. McClellan was again put 
in command of all the Federal forces in 
and around Washington. 

While these things were going on in 
the East, equally stirring events were 
occurring in the West. The army of the 
Tennessee having been recruited to the 
number of about 50,000, Bragg set out 
upon a campaign for the recovery of 
Tennessee and Kentucky. This ter- 
minated with the two battles of Rich- 
mond and Perryville in the latter State. 
1 he one at Richmond was fought near 
the last of the month by General E. 
Kirby Smith on the Confederate side, 
and Generals Mansen and Nelson on the 
Federal. It closed with a complete 
Confederate victor)' ; the Federals were 
utterly routed. The battle of Perryville 
was fought on the 7th of October, under 
the auspices of General Bragg himself. 
The end of this was his retirement, with 
all his forces, from Kentucky and his tak- 
ing position at or near Murfreesboro', 
Tennessee. The fruits of this campaign 
were not very satisfactory to the authori- 
ties on either side. General Buell, who 



was chief in command of the Federal 
forces against Bragg, was superseded on 
the 30th of October by General Rose- 
crans. This new commander commenced 
active operations to drive Bragg from 
Murfreesboro'. Meantime Bragg was 
making active preparations for renewed 
aggressive movements himself. These 
two armies being about equally matched 
in numbers — 40,000 on each side — met 
on the 3 1 st of December. The result was 
the bloody conflict known as the battle 
of Murfreesboro'. It lasted two days. 
The fighting on both sides was heroic 
and desperate. A Federal writer,* in 
giving an account of it, states the loss 
of killed and wounded on both sides at 
"near 25,000 men, of which appalling 
aggregate, the sum of above 10,000 was 
from the Confederate, and about 14,000 
from the Union army." Neither side 
acknowledged defeat. 

We turn again to the East, and note 
the operations in the meantime of the 
army of Virginia under Lee. Soon 
after his great victory at the second 
battle of Manassas, this renowned Chief- 
tain made a movement over the Potomac 
into Maryland. On the 14th of Septem- 
ber the battles of Booncsboro', or South 
Mountain, and Crampton's Gap were 
fought between detachments of the two 
armies, in which the Confederates sus- 
tained a loss. On the 15th Harper's 
Ferry, occupied by the Federals, was 
taken by General Stonewall Jackson. 
The Confederates here captured 11,000 
prisoners, besides 73 pieces of artillery 
and 13,000 stand of small arms. Two 
days afterwards, on the 17th, was fought 
the great drawn battle between Lee and 
McClellan, at Sharpsburg, or Antietam, 
as styled by the Federal historians. The 
relative forces were about 60,000 men 

*See Swinton's Decisive Battles of the War, p. 213. 



; 






r„s 4 



UISIOKY OF THE UM1ED STALES. 



Bouk II, c. 31 



under Lee and 120,000 under McClel- 
l;m. The combat raged all day. The 
losses on both sides were great — nut 
less in the aggregate thnn 25,000. Both 
armies held their ground. But upon 
McClellan receiving large reinforce- 
ments, Lee returned to Virginia. 

( )n the 22d of September the "seven 
governors of Northern States," before 
mentioned, joined by five others of like 
character and intent (after having waited 
upon Mr. Lincoln by deputation), met in 



that Mr. Lincoln issued his celebrated 
Emancipation Proclamation ; * and 
shortly afterwards, on the 5th of No- 
vember, McClellan was again removed 
from the command of the army of the 
Potomae, and General Ambrose YL. 
Burnside, supposed to be in sympathy 
with the agitators, was assigned to the 
position. 

This new Chief immediately com- 
menced active operations for another 
movement against Richmond. His 




VIEW OK ANTIKTAM MATTLE-eROUND. 



secret junto at Altoona, Pennsylvania. 
What was said by them to Mr. Lincoln, 
or done by them during their session 
at Altoona, was not made known. It 
was understood, however, that their 
business was to demand of the adminis- 
tration the abolition of slavery, and not 
" the maintenance of the Union under 
the Constitution," as the object for 
which the war should be prosecuted, 
and "to place in the hands of persons 
of strict anti-slavery views the execution 
of military affairs." It was on this day 



chosen line of attack was by way of 
Fredericksburg. He found himself con- 
fronted by Lee, and here, on the 13th 
of December, the tw^o armies again tried 
their strength. 

The Federals still greatly exceed d 
the Confederates in numbers. The re- 
sult, however, was the achievement by 
Lee of another most brilliant victory. 
The aggregate loss of the Confederates 
was 4,361, while that of the Federals was 
12,321. By this shock Burnside's 
* See Appendix P. 



THE ADMINISTRATION OF LINCOLN. 



movement was completely arrested. 
Both armies thus quietly remained, con- 
fronting each other, on the opposite 
banks of the Rappahannock during the 
r ,-mainder of the year. 

In this battle the country sustained a 
great loss in the death of Thomas R. R. 
Cobb, who was at the time a brigadier- 
general in the Confederate army. Tin's 
remarkable man deserves special notice 
here. He was a brother of Howell Cobb, 
and his junior by several years, but 
in natural ability and intellectual cul- 
ture was his inferior in no respect. He 
always had been a Union man, but had 
never taken any active part in politics 
until after Mr. Lincoln's election. Be- 
fore that he had confined himself exclu- 
sively to business connected with his 
profession — that of the law — with the ex- 
ception of such portion of his time as he 
devoted to ecclesiastical matters, and to 
tae duties of a professorship in the Lump- 
kin law school, attached to the State 
University, which he held at the time. 
He was by nature profoundly religious ; 
he was an elder in the Presbyterian 
Church, and was a devout worshipper 
according to the creed of the Old 
School General Assembly. On the 
news of the election of Mr. Lincoln, a 
new spirit and life seemed to enter into 
him; he then all at once became en- 
listed soul and body in the cause of se- 
cession. He was seized with a sort of 
religious enthusiasm upon the subject, 
as much or more so as Peter the Her- 
mit was for the rescue of the Holy Sep- 
ulchre. Through the press and on the 
hustings he was unabating in his efforts. 
He canvassed various parts of the State, 
and aroused the people by the most 
stirring appeals. He gave the key-note 
to the sentiment that really carried se- 
cession in Georgia. It was, " We can 



685 

make better terms out of the Union than 
in it." He was a prominent actor in the 
Convention at Milledgeville, and also in 
the Congress at Montgomery. Soon 
after the war broke out, he raised a corps 
styled "Cobb's Legion." At the head 
of this he fell at Fredericksburg, deeply 
and profoundly mourned and lamented 
throughout the country. 

While all these operations by the land 
forces on both sides were going on in the 
East and the West, the doings of the re- 
spective navies in the meantime deserve 
notice. On the 8th of February of this 
year, General Burnside, by the aid of 
the Federal fleets, captured Roanoke 
island, on the coast of North Carolina. 

On the 8th of March the Virginia, 
a Confederate iron-clad war-vessel, which 
had been constructed at Norfolk, a sort 
of sea-monster, attacked the Federal 
fleet near the mouth of James river. 

Of this engagement, McCabe, in his 
" History of the United States," in speak- 
ing of this conflict, says, " it formed one 
of the striking episodes of the war, and 
led to results of world-wide importance. 
Upon the evacuation of the Norfolk navy 
yard by the Federal forces, at the outset 
of the war, the splendid steam-frigate 
Merrimac was scuttled and sunk. This 
vessel was subsequently raised by the 
Confederates, and rebuilt by them. I lei 
upper deck was removed, and she was 
covered with a slanting roof. Both the 
roof and her sides were heavily plated 
with iron, and a long, stout bow was 
fitted to her to enable her to act as a 
ram. She was then armed with ten 
heavy guns, and named the Virginia. 
Thus prepared, she was the most pow- 
erful vessel afloat. 

"As soon as the Virginia was ready for 
service, the Confederate authorities de- 
termined to test her efficiency by at- 



THE ADMINISTRATION OF LINCOLN 



tempting to destroy the Federal fleet in 
Hampton Roads. On the 8th of March 
the Virginia, accompanied by two small 



687 



iron sides, and, firing slowly as she ad- 
vanced, she aimed straight for the sloop- 
of-war Cumberland, the most formidable 



vessels, left Norfolk and steamed down \ vessel of her class in the navy, and sunk 
the Elizabeth river into Hampton Roads, j her with a blow of her iron prow. The 




COMMODORE FARRAGUT. 

Her appearance took the Federal fleet frigate Congress, lying near by, was 

by surprise, and a heavy fire was con- chased into shoal water and compelled 

centrated upon her from the fleet and to surrender, after which she was set on 

the batteries on shore at Newport fire. The ram then endeavored to in- 

News, at the mouth of the James river, flict a similar fate upon the frigate Min- 

Shot and shell flew harmlessly from her nesota, but that vessel escaped into water 



688 



1US1 DRY 01- THE UNITED STATES. 



Book II., C 31 



too shallow for the iron-clad to venture 
into. At sunset the / Irginia drew off, 
and returned to the Elizabeth river. She 
had destroyed two of the finest vessels 
in the Federal navy, and inflicted upon 
her adversaries a loss of two hundred and 
fifty officers and men. She was herself 
uninjured, and had but two men killed 
and eight wounded. 

"The success of the Virginia struck 
terror to the fleet in Hampton Roads, 
and it was by no means certain that the 
victorious vessel would not the next day 
either attack Fortress Monroe, or pass by 
it and ascend the Chesap ike, in which 




RAPHAEL SEMMES. 



case both Washington and Baltimore 
would be at her mercy. During the 
night, however, a most unlooked-for 
assistance arrived. The Monitor, an iron- 
clad vessel of a new plan, invented by 
Captain John Ericsson, entered Hamp- 
ton Roads on her trial trip from New 
York. Upon learning the state of affairs, 
her commander, Lieutenant Worden, 
determined to engage the Virginia the 
next day, ( )n the morning of the 9th 
the Virginia again steamed out of the 
Elizabeth river into Hampton Roads. 
The Monitor, though her inferior in size, 
and carrying but a single gun, at once 
moved forward to meet her. An en- 



gagement of several hours' duration 
ensued, in which both vessels were 
fought with great gallantry ; and at the 
end of this time the I 'irginia drew off, 
and returned to Norfolk severely injured. 
The arrival of the Monitor was most for- 
tunate. It saved the Federal fleet in 
I lampton Roads from total destruction, 
and prevented the Virginia from extend- 
ing her ravages to the ports of the Union. 
The battle between the Monitor and the 
Virginia will ever be famous as the first 
engagement between iron-clad vessels. 
It inaugurated a new era in naval war- 
fare. In spite of the result of the battle, 
however, the presence of the Virginia at 
Norfolk deterred the Federal forces from 
risking an attack on that place, and pre- 
vented them from making any efforts to 
ascend the James river with their fleet.*" 
On the 14th of March, Newbern, 
North Carolina, was taken by aid of a 
Federal fleet. On the ;th of April 
Island No. io, on which the Confeder- 
ates had erected their strongest fortifica- 
tions in the Mississippi river, was taken 
by the Federals with their iron-clad 
boats, after a frightful bombardment of 
twenty -i'our days. The Confederate loss 
here was 17 killed and 600 prisoners, 
with seventy rifled cannon, varying from 
thirty-two to lOO-pounders. Fort Pu- 
laski, near Savannah, Georgia, was bom- 
barded by a Federal fleet and taken on 
the 1 2th of April. On the 24th Forts 
Jackson and St. Philip, which guarded 
the mouth of the Mississippi river, were, 
after several days' unsuccessful bombard- 
ment, adroitly run past by a Federal 
fleet, under the command of Admiral 
Farragut, which resulted in the loss of 
these forts and the capture of New Or- 
leans. On the 25th Fort Macon, in 
North Carolina, was taken by aid of a 

*See MeCabe's History of the U. S.,p. 812. 



6qo 



HISTORY OF THE UXITED STATES. 



Book II., c. 22 



Federal fleet. On the 15th of May a 
Federal fleet of their most powerful 
water-crafts, in iron panoply, led by the 
monitors Galena and Aristook, made a 
most formidable bombardment of the 
Confederate works at Drewry's Bluff, 
which defended Richmond against ap- 
proach by the waters of James river. 
This frightful display of power was un- 
successful in its objects. The fleet re- 
tired somewhat disabled, without accom- 
plishing anything. During the summer 
and fall of this year, the Confederate 
navy, particularly two new war-ships, 
that had been got out from England, the 
Florida, commanded by Commodore 
John M. Maffit, and the Alabama, com- 
manded by Admiral Raphael Semmes, 
did immense injury to the commerce of 
the Federals. Such was the general 
situation of affairs on both sides, on land 
and sea, when the curtain of time dropped 
upon the scenes at the close of the 
second year of the war. 

CHAPTER XXXII. 

administration of Lincoln — Continued. 

(1st January, 1863 — 1st January, 1864.) 
Third year of the War. 

l'lnn of Federal campaign two-fold — Capture of 
Richmond and the opening of the Mississippi 
river — Hooker's army at Fredericksburg, of 
132,000 — Lee confronting him with 50,000 — The 
great battles about Cliancellorsville — The fall of 
Stonewall Jackson — The military status on both 
side^ anew in 1863 — General D. Hunter's letter 
to President Davis, 23d of April, 1S63 — The poli- 
tical aspect of affairs at this time — Mr. Stephens' 
letter to Mr. Davis upon the subject of the ex- 
change of prisoners — The reply and the result — 
The battles of Gettysburg and the capitulation of 
Vicksburg — Grant's movements before the siege 
and capture of Vicksburg — McCabe's account of it 
— Wilson's account of it — Admission of We-t Vir- 
ginia as a Slate in the Union — Particulars of Lee's 
ima ion of Pennsylvania — Hooker superseded, 
*nd Meade lakes Ins place — Particulars of the 




battles of Gettysburg — Lee retires to Virginia — 
Sends 5,000 of his troops to aid Bragg in repelling 
Rosecrans' advance in Georgia — The great battles 
of Chickamauga, in which Bragg achieved a 
splendid victory — Longstreet with his forces sent 
to Knoxville — An unsuccessful assault by him on 
that place — Grant takes possession of Federal 
forces about Chattanooga — His great victory on 
Missionary Ridge — Bragg is relieved and General 
Joseph E. Johnston takes his place — Naval opera- 
tions for the year — Fort Sumter battered to ruins, 
but still held by the Confederates — Close of the 
third year of the war. 

HE plan of the campaign adopted 
by the Federals for 1863, the 
third year of the war, looked 
to two objects — the capture of 
Richmond in the East, and the 
opening of the Mississippi river in the 
West. The Confederates still held Port 
Hudson and Vicksburg, which pre- 
vented the navigation of that river by 
the Federals from its mouth to its upper 
waters. The first and most desired of 
these objects was the capture of Rich- 
mond. This in the latter part of Janu- 
ary was committed to General Joseph 
Hooker, who superseded General Burn- 
side, at Fredericksburg. The other was 
committed to General Ulysses S. Grant, 
who had won great distinction and eclat 
for his victories at Forts Henry and 
Donelson, the year before. 

Hooker commenced his movements 
against Richmond on the 27th of April. 
He had massed opposite Fredericksburg 
at least 132,000 men, thoroughly drilled 
and instrticted in every branch of the 
service; for efficiency in every respect it 
was regarded superior by far to any mili- 
tary organization which had ever taken 
the field in America. He himself pro- 
nounced it "the finest army on the 
planet." To meet this formidable array. 
General Lee had an effective force not 
exceeding 50,000 men. Hooker seemed 
to take it for granted that Lee would in- 



THE ADMINISTRATION OF LINCOLN. 



69I 



stantly retire before these frightful odds, 
or that he was inevitably doomed to 
speedy capture with his entire command. 
Lee, however, did not retire. He gave 
battle for four days, beginning on the 
29th — meeting Hooker's divisions at 
every point of assault, and by skilful 
manoeuvres made several successful 
assaults himself. The result of the four 
days terrible conflict was his driving 
back the entire body of the invading 
host. Hooker's whole plan was well 
conceived, and all his operations for an 
advance were faultlessly arranged; they 
failed in execution from nothing but the 
transcendent skill with which they were 
met, checked, and thwarted at and 
around Chancellorsville by Lee and his 
generals. The military genius displayed 
by Lee, in his various movements in re- 
pelling this advance of Hooker, will ever 
place him high in the rank of the first 
class of commanders who have figured 
in the world's history. 

But though the Confederates in all 
these engagements together achieved a 
grand success, and their arms were 
crowned with an exceedingly brilliant 
victory, yet they here met with a loss 
that could never be repaired ! This was 
the fall of the great chieftain, " Stone- 
wall " Jackson, as he was familiarly and 
endearingly styled by the soldiery and 
the masses of the people of the Confed- 
erate States. Just as he was in the suc- 
cessful accomplishment of one of his 
masterly flank movements, and one 
which turned the fortunes of this event- 
ful four days contest, he received a 
wound that terminated in his death a 
few days afterwards. The saddest reflec- 
tion attending so great a loss was that 
the shot, which proved so disastrous, 
came by mistake from his own lines. 
Pushing ahead, leading his columns on a 



night attack, with a view to ascertain for 
himself the exact position of the Fed- 
erals, whom he knew to be near, he got 
somewhat in advance of the main body 
of his troops. One of his staff and 
several others were with him. On their 
return, being mounted and riding briskly, 
they were supposed by those in the Con- 
federate ranks to be an approaching 
party of Federal cavalry, and under this 
misapprehension were fired upon by 
them. The lines of Byron on Kirke 
White might well be applied to him: 

" So the struck eagle, stretch'd upon the plain, 
No more through rolling clouds to soar again, 
View'd his own feather on the fatal dart, 
And wing'd the shaft that quiver'd in his heart." 

It is said that his own orders were 
that his troops were not to fire " unless 
cavalry approached from the direction 
of the enemy." His death caused grief 
and mourning from the Potomac to the 
Rio Grande, and from the Ohio and Mis- 
souri to the Gulf and the Atlantic* 

Hooker's grand army, however, was 
so shattered and demoralized by this 
signal repulse that no further attempts 
to advance were made by him. Neither 
was Lee able to do anything for some 
time but to hold his position and recruit 
his forces as best he could. By the last 
of May his numbers were increased to 



* Lieutenant-General Thomas J. Jackson was, in- 
deed, in many respects a most extraordinary man. 
Famous as he had so recently become for his military 
exploits, he was not less distinguished even in enmp 
for his piety and devotions. In religion he was of 
the same faith as Thomas R. R. Cobb. (See last 
chapter.) It would be difficult to say which of the 
two was the more zealous and enthusiastic in worship, 
and in the discharge of what they considered moral 
duty. These two men, so similar in character, were 
both cut down in the prime of life, at no great dis- 
tance apart, in time or place. Cobb, raised to the 
rank of brigadier-general, had fallen on the 13th of 
December previous, in the first great battle in the 
vicinity of Fredericksburg. 



692 



HISTORY OF THE UNITED STATES. 



ik n., C. 3-2 



about 68,000. Hooker was still con- 
fronting him with between 70,000 and 
80,000. 

McCabe, in his History, gives the fol- 
lowing account of Hooker's attack on 
Lee and his repulse, with the operations 
of both armies during the four days' 
fighting : 

"The army of the Potomac was greatly 
disheartened by its defeat at Fredericks- 
burg, and had lost confidence in General 
Burnside. That commander, at his own 
request, was removed from the command, 
and was succeeded by General Joseph 
Hooker on the 25th of January. Hooker 
at once began the reorganization of his 
army, and soon brought it to a splendid 
state of efficiency. By the opening of 
the spring it numbered 120,000 men and 
400 pieces of artillery. General Lee had 
remained in his position back of Fred- 
ericksburg all winter, and his army had 
been weakened by the withdrawal of 
General Longstreet's corps, 24,000 strong, 
by the Confederate government, leaving 
him about 50,000 men. 

"General Hooker, upon learning of 
Lee's weakened condition, determined to 
attack him. He divided his army into 
two columns. One of these, consisting 
of the Second, Fifth, Eleventh, and 
Twelfth army corps, under his own 
command, was to cross the Rappahan- 
nock above Fredericksburg and turn the 
Confederate position. The other column, 
consisting of the First, Third, and Sixth 
corps, under General Sedgwick, was to 
cross the river at Fredericksburg and 
attack the heights. Between these forces 
it was believed that Lee's army would 
be crushed. On the 27th of April 
Hooker moved off with the first column, 
crossed the river on the 28th and 29th 
at Kcl ley's ford, and on the 30th took 
position at Chancellorsville, on the left 



and in the rear of Lee's fortified line. 
On the 29th General Sedgwick crossed 
his column about three miles below 
Fredericksburg, and during that day 
and the 30th made demonstrations as 
though he intended to assault the 
southern position in the rear of the 
town. 

" General Lee's situation was now 
critical, and demanded the most extraor- 
dinary exertions of him. Leaving a 
small force to hold the heights in the 
rear of Fredericksburg, he moved with 
his main body towards Chancellorsville, 
where Hooker had intrenched himself 
with about 80,000 men. His only hope 
of safety lay in defeating this force 
before Sedgwick's column could arrive 
to its assistance. On the 2d of May he 
sent Jackson's corps to turn the Federal 
right, and with the remainder of his 
force deceived Hooker into the belief 
that he meant to storm the intrenched 
position of the Federal army. Jackson 
performed his flank march with success, 
and on the afternoon of the 2d of May 
made a fierce attack upon the Federal 
right, and drove it in upon its centre. 
In this attack he received a mortal 
wound, of which he died on the 10th of 
May. The next day, the 3d, having 
reunited Jackson's corps with his main 
force, Lee attacked Hooker at Chancel- 
lorsville, and drove him back to the 
junction of the Rappahannock and 
Rapidan rivers. He was preparing to 
storm this new position when he learned 
that Sedgwick had defeated the force 
left to hold the heights of Fredericks- 
burg on the 3d of May, and was march- 
ing against him. His danger was now 
greater than ever. Leaving a part of 
his army to hold Hooker in check, he 
marched rapidly to meet Sedgwick. He 
encountered him at Salem heights on 



THE ADMINISTRATION OF LINCOLN. 



the 4th of May, and compelled him to 
recross the Rappahannock at Banks' 
ford. Then moving back towards 
Hooker's position Lee prepared to 
storm it. General Hooker, however, 
disheartened by Sedgwick's defeat, with- 
drew his army across the Rappahannock 
on the night of the 5th, and returned to 
his old position on the north side of 
that stream, having lost 12,000 men and 
fourteen pieces of artillery in the battle 
of Chancellorsville. The Confederate 
loss was also heavy. Out of an army 
of about 50,000 men 10,281 were killed, 
wounded and captured. The victory 
was dearly bought by the Confederates 
by the death of Stonewall Jackson, 
who was worth fully 50,000 men to 
their cause. At the moment of his suc- 
cess against the Federal right, he was 
shot down by his own men, who mis- 
took his escort for a party of Federal 
cavalry." 

We will now give a Federal view, as 
presented by the same historian, Wilson, 
before quoted from : 

" When Hooker took command, the 
army of the Potomac was in a dreadfully 
demoralized condition. It still lay at 
Falmouth, and occupied Stafford Heights. 
The emancipation proclamation had pro- 
duced a bad effect among the officers, 
many of them openly declaring that had 
they known what was to be done in the 
matter of slavery, they would never have 
joined the army. There was, besides, a 
lingering affection for McClellan, both 
on the part of officers and men ; and 
neither the one nor the other could for- 
give Hooker for his statement that the 
Peninsular campaign had failed on ac- 
count of bad generalship. The demoral- 
ization, which set in immediately after 
the battle of Fredericksburg, was in- 
creased greatly by what was called 



693 

Burnside's ' Mud ' campaign. Deser- 
tions to the number of 200 men were 
occurring daily. As many as 2,922 com- 
missioned officers and 81,964 men were 
reported absent. This was not all. In 
the spring, 40,000 men, who would have 
completed their term, would be at liberty 
to go home. Hooker set himself busily 
to the work of reconstruction. The 
division system was abolished ; and the 
army was divided into seven corps. The 
First corps was commanded by Rey- 
nolds; the Second by Couch; the Third 
by Sickles ; the Fifth by Meade ; the 
Sixth by Sedgwick ; the Eleventh by 
Howard ; the Twelfth by Slocum. The 
cavalry, which consisted of four divisions, 
commanded respectively by Pleasanton, 
Buford, Averill and Gregg, was consoli- 
dated into one corps, under Stoncman. 
The army of the Potomac needed rest ; 
and, for three months, it lay inactive in 
winter quarters at Falmouth. Hooker, 
however, was not idle. Desertions were 
checked; the ranks were gradually filled 
up by the return of absentees ; the disci- 
pline was improved ; and, by the end of 
April, the army was in a state of high 
efficiency. The infantry and artillery 
amounted to 123,000 men; there were 
13,000 cavalry and 400 guns. 'All were 
actuated,' said Hooker, ' by feelings of 
confidence and devotion to the cause, 
and I felt that it was a living army, and 
one well worthy of the Republic' 

" In front of Hooker, on the south 
side of the Rappahannock, and occupy- 
ing the now famous heights in the rear 
of Fredericksburg, lay the army of Gen- 
eral Lee, 62,000 strong. This army, 
which, after the battle of the 13th of 
December, needed rest quite as much as 
the army of the Potomac, had also, 
during the winter months, been brought 
up to a high state of efficiency. Such 



694 



HISTORY OF THE UXITED STATES. 



Book II., c. 32 



was the effect of the Conscription Act, 
now fairly in operation, that, in three 
months, Jackson's corps increased from 
25,000 to 33,000 muskets. Fredericks- 
burg, and the country in the immediate 
neighborhood, has been fully described 
in a previous chapter. It will be remem- 
bered that the hills to the rear of that 
city rise at some little distance from the 
river, leaving not exactly a plain, but 
open and comparatively level ground be- 
tween. Above Fredericksburg, and op- 
posite Falmouth, the ridge approaches 
close to the river; but from that point, 
the distance between the river and the 
heights gradually widens, until, about 
four or five miles below the town, the 
open ground is about a mile and a half 
wide. The Confederates, as we have 
said, occupied the heights, their line ex- 
tending from Banks' Ford on the left, to 
Port Royal on the right — a distance of 
twenty-five miles. Their cavalry ex- 
tended to the left as far back as Buckley's 
Ford, on the upper Rappahannock, and 
scoured the country as far south as the 
Pamunkcy river. During the winter, 
General Lee had exerted himself to the 
utmost to make his position secure. I te 
extended and strengthened the fortifica- 
tions in the rear of Fredericksburg, and 
constructed a system of elaborate works 
along his whole front. Inside of these 
lines, he might have bidden defiance to 
an army twice or three times the strength 
of his own. Such was the nature of the 
works, and such was the arrangement 
of his troops, that he could concentrate 
with the utmost rapidity, and, with a 
powerful force, resist an attack at any 
point. From this position, however, he 
had only two main lines of retreat — one 
towards Richmond by railroad, and the 
other towards Gordonsville. 

" It was now near the end of April. 



As it was vain to attempt any direct 
attack in his position at Fredericksburg, 
Hooker resolved upon a bold experi- 
ment, the object of which was to compel 
Lee to come out of his intrenchments 
and accept the gage of battle in the open 
ground. He was the more encouraged 
to adopt this course, without further de- 
lay, that Longstreet had been detached, 
with several of his divisions, to the south 
of the James river. Some feigned move- 
ments were made as early as the 21st of 
April ; but it was not until the 27th that 
the real onward movement began. 
Hooker's purpose was to effect the com- 
plete destruction of the Confederate 
army. With this end in view, he ordered 
Sedgwick to make a pretence of revers- 
ing Burnside's plan of attack, by crossing 
the river below Fredericksburg and 
making there a vigorous demonstration. 
He himself proposed to move, with the 
larger portion of the army, to his own 
right, and to push his forces by a circuit- 
ous route across the Rappahannock and 
the Rapidan, to drive off or capture the 
guards at the forts, and then wheeling 
round on his left, as on a pivot, so as to 
face eastward, to march towards the 
river. It was his hope that he would 
thus be able to emerge from the wilder- 
ness before the Confederates were aware 
of his approach, and, by dealing them a 
deadly blow on their left flank, compel 
them to face about and offer battle. 
Fully confident that his plan would be 
successfully carried out, and in order to 
make Lee's retreat to Richmond impos- 
sible, he had already detached all the 
cavalry under Stoneman, with the excep- 
tion only of 1,000 men left in charge of 
Pleasanton, with instructions to destroy 
all the bridges and tear up all the rail- 
roads in the Confederate rear. The plan 
was excellent; and, as we shall see, it 



THE ADMINISTRATION OF LINCOLN. 



was in the first instance at least admir- 
ably executed. 

" It will be observed by referring to 
the map, that about three miles above 
Fredericksburg in a straight line, or 
about five following the river, is a 
crossing called Banks' Ford. Some 
seven or eight miles further up, and at 
no great distance from the confluence 
of the Rappahannock and the Rapidan, 
or, as they were wont to be named, 
north and south forks, is another cross- 
ing, known as United States Ford. 
Following up the Rappahannock, or 
north fork, we come to Kelley's Ford, 
about twenty-seven miles from Fred- 
ericksburg. Following up the Rapidan, 
or south fork, we come first to Ely's 
Ford, and then, at some little distance, 
Germania Ford. As Kelley's Ford is 
several miles above the confluence of 
the two streams, it was necessary for 
the troops who crossed the Rappahan- 
nock at that point to cross also the 
Rapidan, either at Ely's or Germania 
Ford, before they could reach their point 
of destination. All these fords, but 
particularly those on the line of the 
Rappahannock, were strongly guarded 
by Confederate troops ; and the water 
in the river, as it generally is at this 
season, was high. 

" On the 27th, Monday, the weather 
was favorable, and the movement com- 
menced. The turning column consisted 
of the Fifth corps, General Meade ; the 
Eleventh corps, General Howard ; and 
the Twelfth corps, General Slocum. On 
Tuesday, the 28th, they reached Kelley's 
Ford. During the night and following 
morning all the troops were safely 
pushed across. The infantry was moved 
in two columns — the Eleventh and 
Twelfth towards Germania, and the Fifth 
towards Ely's Ford, on the Rapidan. 



695 

At both fords the Confederate pickets 
were driven off without difficulty. At 
Germania, I 50 pioneers were attempting 
to build the bridge which Stoneman 
had destroyed some days before. All 
of these were captured. The troops 
were in the best of spirits. Impatient 
to reach the opposite shore, large num- 
bers of them plunged into the flood, 
wading to the arm-pits, their clothes 
and their cartridge-boxes carried high 
on the points of their bayonets. Bon- 
fires blazed during the darkness ; and, at 
both fords, all were safely got across. 
Once on the south side of the Rapidan, 
the united columns moved eastwardly 
towards United States Ford, driving 
off the Confederate guards. This ford 
being thus uncovered, General Couch, 
who, with a portion of the Second 
corps, had, since Tuesday, been lying 
on the other side, waiting for his oppor- 
tunity, crossed the Rappahannock on a 
pontoon bridge. The combined forces 
then moved southward, and on Thurs- 
day night took position at Chancel- 
lorsville. On the evening of the same 
day, General Hooker, who had superin- 
tended the crossing of Couch's troops, 
arrived at Chancellorsville; and, at a 
large and substantial brick house, with 
out-buildings — the only house in the 
near neighborhood, and formerly an inn 
— he established his headquarters. 

" The position thus secured offered 
many advantages. Around the house 
was an open, cultivated space ; and im- 
mediately in front was a little stream 
which flowed into the Rappahannock. 
It was about eleven miles from Fred- 
ericksburg, and was connected there- 
with by three main roads — the plank- 
road on the right, the river road on the 
left, and the turnpike between them. 
It communicated also with Orange 



e 9 e 



HISTORY OE THE UNITED STAGES 



Book II <.. 3'. 



Court-Housc, and with Gordonsville, by 
a road through the wilderness. 

"While Hooker had been carrying 
out his plan, and apparently with com- 
plete success on his right, Sedgwick had 
not been inactive on his left. This 
general, it will be remembered, was left 
behind at Falmouth, with the First, Third 
and Sixth corps, comprising some 
30,000 effective men. I lis special in- 
structions were that he should, at the 
time appointed, throw a portion of his 
troops across the river below Fredericks- 
burg, and, by making a vigorous demon- 
stration, create the impression that the 
pi tn of Burnside was about to be re- 
peated. On Monday, the 27th, the First 
corps, General Reynolds, the Third, 
General Sickles, and the Sixth, in im- 
mediate charge of Sedgwick himself, 
moved from their camps, and took a 
position down the river, about ten miles 
below Fredericksburg. Pontoons were 
thrown across at three points ; and, on 
the morning of the 29th, troops were 
pushed over, and such demonstrations 
were made as seemed to imply that the 
real attack was to be made in that 
direction. So far as Generals Hooker, 
Sedgwick, or any of the National com- 
manders could judge, the feint made by 
the left had been completely successful. 
The plan of the commanding general 
had, up to a certain point at least, 
worked admirably. All the upper fords 
of the Rappahannock were in his hands; 
and he had massed a powerful army at 
Chancellorsville. Further demonstra- 
tions being considered unnecessary, for 
the present, on the part of the left, 
Sedgwick was instructed to remain at 
Falmouth and assist developments on 
the right. Sickles, meanwhile, was de- 
tached, and ordered to cross with the 
Third corps, at United States Ford, and 



join Hooker at Chancellorsville. Rey- 
nolds, in due time, was to follow. 
Sickles arrived at Chancellorsville on 
the morning of the 1st of May. It was 
not wonderful that, at this stage, Hooker 
should have felt elated, or that his men 
should have been confident of victor}-. 
It might have been wiser, however, if such 
feelings had been less boisterously ex- 
pressed. 

" On the 30th of April, Hooker issued 
a general order. ' It is with heartfelt 
satisfaction,' he said, ' that the command- 
ing general announces to the army, that 
the operations of the last three days have 
determined that our enemy must either 
ingloriously fly, or come out from behind 
his defences and give us battle on our 
own ground, where certain destruction 
awaits him. The operations of the Fifth, 
Eleventh, and Twelfth corps have been a 
succession of splendid achievements.' 
Hooker seemed to feel that the prize was 
in his grasp. In the hearing of some of 
his officers and certain gentlemen con- 
nected with the press, who were present 
at his headquarters, he exclaimed : ' The 
rebel army is now the legitimate property 
of the army of the Potomac. They may 
as well pack up their haversacks and 
make for Richmond, and I shall be after 
them.'* Hooker really had reason to 
be proud. His plan, as we have said, 
had worked well. Up to this point, it 
could hardly have worked better; and 
it is not at all improbable that if the head 
which conceived it, and which had so far 
given it development, had remained cool 
and steady throughout, his magniloquent 
language would have been abundantly 
justified. Lee's position was the reverse 
of enviable. In his front there was a 



*The wotds were spoken in ihe hearing of Mr. 
William Swinton, who was present on the occasion. 
— Campaigns of the Army of the Potomac, p. 275. 



THE ADMINISTRATION OF LINCOLN. 



C97 



well-trained, well-equipped army of 70, 
000 men ; in his rear there was a broad 
river, guarded by another army of 30,000 
mi.; while his retreat was cut off by 
12,000 cavalry. Everything, however, 
now depended upon steadiness of pur- 
pose and rapidity of movement. 

" Gratified as Hooker was with the 
success which had attended his move- 
ments hitherto, he knew that he had only 
entered on the threshold of his great un- 
dertaking. He resolved, therefore, to 
turn his success to account, and to press 
his advantage. On Friday, May 1st, 
having arranged his troops in three 
columns, he pushed them eastward 
towards Fredericksburg, by the three 
principal roads already mentioned. His 
object was to get out of the wilderness 
into the clear, open country beyond, 
where there was free fighting room, and 
where artillery and cavalry could be 
easily and effectively handled. The left, 
composed of two divisions of Meade's 
corps — those of Griffin and Humphreys 
— advanced by the river road ; the centre, 
Sykes' division, also of Meade, supported 
by Hancock, advanced by the turnpike ; 
while Slocum's corps on the right 
marched along the plank road. The left 
marched along the river road for five 
miles, and came in sight of Banks' Ford 
without encountering any opposition. 
The centre had moved along the turn- 
pike for about a mile to the east of Chan- 
cellorsville, when it encountered the 
enemy in some force. Vigorous firing 
was kept up on both sides for some 
hours ; but Sykes pressed forward his 
gallant little band, and, the foe falling 
back, he reached the place assigned him 
early in the afternoon. The right moved 
to its destined point without difficulty, 
and without meeting any resistance. It 
would be difficult to overestimate the 



importance of the advanced position thus 
gained by these different bodies of men. 
It was an elevated ridge, beyond the 
bounds of the wilderness, completely 
protecting Chancellorsville, and com- 
manding the clear, open country in rear 
of the Fredericksburg Heights. On the 
left it uncovered Banks' Ford. Artillery 
could be planted advantageously on the 
face of the ridge ; while the clear, open 
ground in front was admirably adapted 
for the use of artillery. This, however, 
was not all. It shortened by twelve 
miles the communication between the 
main force at Chancellorsville and that 
under Sedgwick at Falmouth, and below 
Fredericksburg. It was surely natural 
to expect that such a position would be 
seized, and held at any cost, and that to 
this vantage ground Hooker would push 
forward his whole army. It was not to 
be so. Fortune was smiling on the 
National commander; but, strange to 
relate, with a perversity which is almo t 
unexampled, he turned his back upon 
the favoring goddess, when she was 
about to confer upon him her richest 
rewards. Victory seemed to be within 
his grasp ; but he flung away all that he 
had won, and his splendid opportunity 
besides. In spite of the earnest remon- 
strances of his officers, he ordered the 
columns to fall back to Chancellorsville, 
where he resolved to take position, and 
await the attack of the enemy. His 
original plan was abandoned at once. It 
was Hooker's first blunder in this cam- 
paign ; but it was fatal. 

" Hooker now gathered his forces 
around him at Chancellorsville, threw up 
intrenchments, and prepared to receive, 
n<">t to make an attack. The tide of bat- 
tle was thus, by a fatal infelicity, turned 
! before the battle was commenced. It 
was only two days since the proud words 



69S 



HISTORY OF THE UNITED STATES. 



Book II, c. 3* 



were uttered ; yet the boastful National 
commander was already on the defensive. 
The ground selected was by no means 
so well adapted, either for attack or de- 
fence, as the ground which he had 
abandoned. It was commanded by high 
grounds, and surrounded on all sides by 
the forest. In this new position, how- 
ever, the disposition of the troops was 
not unskilfully made. Not knowing 
from what direction the blow might 
come, and resolved to preserve his com- 
munications with the river, Hooker ar- 
ranged his forces in a form which, for the 
benefit of the reader, has been compared 
lot inaptly to the letter U. The limbs 
of the U pointed towards the Rappahan- 
nock, the one side facing to the east, 
and the other to the west. The eastern 
side was held by Meade and one division 
of Couch ; the centre was held by Slocum 
and one division of Sickles; and the 
right by Howard. Every effort was 
made to strengthen the front by rifle-pits 
and abatis. Howard, who little dreamed 
of an attack on his side, took too little 
pains to prevent a surprise. Two di- 
visions of the Second and two divisions 
of the Third corps were held in reserve. 
Pleasanton, with his cavalry, was also on 
the right. Such was the position of the 
National army on the night of Friday, 
the 1st of May. 

" Let us now see what the Confederates 
were doing in the interval since the Na- 
tional troops began to move on the 27th 
of April. It has been claimed by South- 
ern writers that Lee was aware of 
Hooker's movements and plans, if not 
from the commencement, at least from 
a much earlier date than is commonly 
believed. There can be no doubt, we 
think, that up until the 29th, he was dis- 
posed to believe that the real attack was 
to be made from Falmouth and by the 



lower Rappahannock. The feeble effort. 1 
made by Sedgwick on the morning of 
that day, and his subsequent inactivity 
must have filled Lee's mind with doubt, 
if it did not convince him that the 
threatened movement from that quarter 
was intended only as a feint. We know 
that, on the afternoon of the 29th, he re- 
ceived from Stuart definite information 
of the fact that heavy columns of Na- 
tionals had crossed the upper Rappahan- 
nock, and that they were marching to- 
wards Germania and Ely's fords. An- 
derson, who was hurried forward to 
Chancellorsville, occupied that place on 
the night of the 29th. Learning that 
the National troops had crossed the 
Rapidan in great force, he withdrew on 
the following morning. On the morning 
of the 30th, Jackson's corps was still in 
line of battle at Hamilton'.., Crossing his 
left extending for upwards of a mile 
towards the northwest, his right resting 
on the Rappahannock, at the mouth of 
Massaponax creek. McLaws' division, 
of Longstreet, was still in its camp, his 
line extending from Fredericksburg 
some two or three miles up the river. 
Barksdale's brigade occupied the town. 
Pendleton's reserve artillery was under 
orders to take position at Massaponax 
Church. Stuart, with Fitz Lee's brigade 
of cavalry, having crossed the Racoon 
Ford during the night, was moving to 
harass the National advance. There was 
another strong Confederate brigade at 
Culpepper, in Stoneman's front. Ander- 
son had taken up a line perpendicular to 
the plank and turnpike roads, near their 
junction with the old Mine road. At 
midnight, McLaws was ordered to move 
his division, with the exception of Barks- 
dale's brigade, in the direction of Ander- 
son, and take position on his right. 
Jackson was ordered to move at daylight, 



THE ADMINISTRATION OF LINCOLN. 



on the 1st of May, with three of his di- 
visions, in the same direction, and to 
take command of the field. Early was 
left to defend the works from Hamilton's 
Crossing to Fredericksburg. The force 
under his command for this purpose, as 
stated by a Confederate authority, con- 
sisted of his own command, Barksdale's 
brigade, of McLaws', Andrew's battalion 
of artillery, and a part of the reserve 
artillery under General Pendleton, and 
amounted to 8,500 muskets and thirty 
guns. From the resistance which 
Franklin experienced, as we shall 
see by and by, the presumption is 
that this force was much stronger. 
McLaws reached Anderson by 
the early dawn. Jackson came 
up at eight o'clock, and ordered 
a general advance. It thus hap- 
pened that both armies were in 
motion at the same time, but in 
opposite directions. Jackson was 
moving towards Chancellorsville ; 
Hooker was moving his army 
towards Fredericksburg; and each 
was prepared to offer the other 
battle. This advance movement 
of Jackson explains the resistance 
which the National centre ex- 
perienced on the old turnpike 
road, on Friday, the 1st of May. 

" On the night of the 1st, Gen- 
eral Lee had come to the conclusion that 
the National position was too strong to be 
taken in front. ' The enemy,' he said 
in his report, ' had assumed a position 
of great natural strength, surrounded 
on all sides by a dense forest, filled with 
a tangled undergrowth, in the midst of 
which breastworks of logs had been 
constructed, with trees felled in front, 
so as to form an almost impenetrable 
abatis. His artillery swept the few 
narrow roads by which the position 



699 

could be approached from the front, 
and commanded the adjacent woods.' 
What was to be done ? Was an at- 
tack more practicable on the National 
right? The ground was reconnoitered. 
Hooker's line was reported to be vul- 
nerable in that direction. The next 
question was whether there existed a 
practicable route by which, with speed 
and secrecy, the movement could be 
accomplished. This question also was 
satisfactorily answered. If a route did 




GENERAL ROBERT E. LEE. 

not exist, a route could be made. 
Seated on cracker boxes, the Confeder- 
ate leaders consulted as to what should 
be done. Jackson was familiar with the 
locality. With a map before him, he 
described the ground, suggested that a 
circuitous march of fifteen miles be 
made towards the extreme right of the 
National army, and proposed to strike a 
deadly blow, before the opposing hosts 
should be aware of his presence. It 
was a bold experiment ; but it was just 



yoo 



III STORY OF THE UNITED STATES. 



Book II., c. 32 



the kind of experiment which Jackson 
delighted to make. If it succeeded, he 
would certainly produce a panic in 
Hooker's army — he might even seize 
his communications with United States 
Ford, on which the National commander 
relied in case of retreat. 'With what 
force will you attempt this ? ' asked 
General Lee. ' With my whole corps 
present,' replied Jackson. ' What, in 
that case, would be left to resist an ad- 
vance of the enemy towards Fredericks- 
burg?' Lee again asked. 'The divi- 
sions of Anderson and McLaws,' was 
the prompt and confident answer. It 
was a most audacious plan, and in open 
violation of the first principles of the 
military art. As things were, the Con- 
federate commander was confronted by 
superior numbers. With 42,000 mus- 
kets, he was in the presence of 60,000 
or 70,000. Lee reflected for a moment. 
His army was already divided in two. 
If he consented, his army would be cut 
up into three parts. And then, what 
if Jackson failed ? It would be ruin — 
hopeless, irretrievable ruin. But Lee 
had faith in his brave and adventurous 
lieutenant. He gave his consent; and 
orders for the march were immediately 
given. 

" On Saturday morning, Jackson, with 
some 22,000 men, set out on his peril- 
ous expedition. He moved with great 
secrecy and with a speed almost incredi- 
ble, considering the nature of the ground 
he had to traverse. Stuart's cavalry 
was employed to conceal his column 
from view, and to distract the attention 
of the National troops. Lee, too, made 
frequent demonstrations, so as to engage 
attention in front. Hooker, however, 
was not without warning, nor was 
he wholly without suspicion. On 
Friday night the Confederates were 



observed cutting a road past the Na- 
tional picket lines on the right. On 
Saturday morning, trains and ambu- 
lances were seen passing over a hill in 
Sickles' front. When informed of the 
movement of Jackson, Hooker sent 
orders to the officers commanding on 
the right, to be on their guard against 
an advance of the enemy on their flank, 
and directed them to strengthen that 
portion of their line to meet such an 
emergency. Birncy reported to Sickles 
that he saw, in the direction of what was 
called the Furnace, a Confederate col- 
umn, as it marched down the hill and 
crossed Lewis' creek. Sickles went for- 
ward in person, and satisfied himself of 
the truth of the report. He saw the 
trains of artillery wagons and ambu- 
lances which followed in Jackson's rear; 
but he concluded that the Confederates 
were in full retreat. A battery was 
pushed forward, and the moving column 
was shelled at a distance. As it soon 
disappeared, it was believed that the 
movement, whether of attack or re- 
treat, had been abandoned. It soon 
again reappeared ; and Sickles was or- 
dered to push forward two divisions to 
develop the strength or the intentions of 
the enemy. This force, which consisted 
of the divisions of Birney and Whipple, 
with Barlow's brigade, of Howard's 
corps, soon came up with the enemy. 
A sharp skirmish ensued ; and, by the 
aid of Randolph's battery, some 400 men, 
including several officers of the Twenty- 
third Georgia regiment, were captured. 
Information received from the prisoners 
removed all doubt as to the character or 
purpose of the mysterious column. It 
was Stonewall Jackson's corps ; its re- 
doubtable chief was at its head; and it 
was moving, with hostile intent, to the 
flank and rear of the National right. It 



THE ADMINISTRATION OF LINCOLN. 



70I 



was no time now for trifling. Jackson, 
it was evident, meant business. Sickles, 
therefore, pressed forward with fresh 
energy, and with the view of intercept- 
ing the train in Jackson's rear. Wil- 
liams, who was ordered to co-operate, 
advanced at the same time with his 
division, of Slocum's corps, and com- 
menced a vigorous flank movement on 
Jackson's right. It was believed for a 
moment, that the Confederate general 
would be caught in his own trap — that, 
if not captured, he would be compelled 
to retreat. It was a mistaken belief. A 
Confederate battalion of artillery, under 
Colonel Thompson Brown, happened to 
be close at hand. Brown got his guns 
into position, and supported them by 
such companies of infantry as could be 
got together. Meantime, Archer, with 
his own and Thomas' brigade, of A. P. 
Hill's division, hearing of the capture of 
the Georgia regiment, fell back to the 
menaced point. By these means Sickles 
was held in check, and Jackson's train 
was enabled to pass on. What was 
more important still to the Confederates, 
time was gained. Jackson was now 
beyond reach. While this skirmishing 
was going on, on his flank and rear, he 
was pushing forward through the tan- 
gled wilderness with incredible speed. 
Obstacles seemed to disappear as he 
advanced. Where there was no opening 
in the woods, a passage was soon created, 
the sturdy forest trees yielding to the 
vigorous blows of his hardy pioneers. 
When Sickles, who, after the Confed- 
erates retired, held possession of 
the road in the neighborhood of the 
Furnace, was preparing to follow up 
Jackson and strike him in the rear, the 
Confederate chieftain, having reached 
his chosen ground, was about to burst 
like a whirlwind on his unsuspecting foe. 



"After passing the Furnace, and plung- 
ing into the forest, Jackson, being under 
complete cover of the woods, pursued 
his way unmolested. As he moved 
around, he was continually feeling the 
National lines. On reaching the plank- 
road, he halted for a time, and, from a 
commanding eminence, surveyed the 
position and works of his antagonist. 
Fitz Lee's cavalry, supported by Pax- 
ton's brigade of infantry, was ordered 
forward on the plank road. Jackson 
himself, with the mass of his command, 
pushed on through the jungle to the 
old turnpike. He was now near the 
outskirts of the National encampment. 
Secrecy had become more important 
than ever. The knowledge of his 
whereabouts, on the part of the National 
commanders, before he was fully prepared 
to strike the decisive blow, might, at 
the last moment, mar all his plans. 
Orders were, therefore, given in a low 
tone ; the firing of guns was forbidden ; 
no cheering was allowed as the general 
passed by ; and the well-trained bat- 
talions, disciplined almost to perfection, 
moved along slowly, silently, and with 
cat-like caution. Arrived at the turn- 
pike, he turned to the right, and moved 
along that road to some distance in the 
direction of Chancellorsville. Here he 
arranged his troops in three lines of 
battle, perpendicular to the turnpike, 
and extending about one mile on either 
side. Rodes, with his own brigade and 
that of Iverson on the left, and those of 
Doles and Colquitt on the right, occu- 
pied the first line. Colston, who com- 
manded Trimble's division, with his own 
brigade and those of Nicholls and Jones, 
took position 200 yards in the rear of 
Rodes. A. P. Hill's division, as it came 
up, was formed into the third line. Two 
pieces of Stuart's artillery moved along 



702 



HISTORY OF THE UNITED STATES. 



Book II., c. 32 



the turnpike with the first line. The 
second and third line was to support 
the first when necessary, without wait- 
ing for specific instructions. 

" It was now after five o'clock. Let 
us look within the National lines. 
Hooker was still at his headquarters at 
Chancellorsville ; and, although watch- 
ful of his whole line, he had a special 
care of his front and the side looking 
towards Fredericksburg. In this latter 
direction, as we have seen, Meade and 
Couch kept guard — Sickles and a por- 
tion of Slocum's troops were at the 
Furnace, preparing to follow Jackson. 
The right of the National army was 
protected by the Eleventh corps, Gen- 
eral Howard, one of the bravest officers 
in the National army. The outworks at 
this point ran parallel to the plank and 
turnpike roads, and faced to the south. 
Steinwehr was on the left, Schurz in the 
centre, and Devens on the right. De- 
vens' position was near Talley's House. 
It was now near six o'clock. All fear 
of danger for the day had been aban- 
doned. Their arms were stacked, and 
the men were cooking or eating their 
evening meal. All of a sudden there is 
a commotion in the woods. Startled 
game, as if disturbed in their quiet 
retreats, appear in large numbers, and 
rush to and fro in wild bewilderment. 
Deer leap over the works, and dash 
through the National lines into the 
woods beyond. Jackson has given the 
signal to advance ; and these scared 
creatures of the wood, frightened by the 
presence of man, and running they know 
not whither, are but an emblem of what 
is soon to be witnessed, on a far grander 
scale, on the right wing of the great and 
invincible army of the Potomac. A 
second more, and the bugles are heard. 
Then a mighty cheer, followed by a 



terrific volley, the deadly missiles com- 
ing crashing through the trees, and 
falling like hail among the unarmed and 
unsuspecting Unionists, and it is known 
that 'Stonewall' Jack-on is upon them. 
It is an instant panic. The high and 
commanding ground at Talley's is at 
once abandoned, Devens' men fleeing 
precipitately and in the wildest confu- 
sion, many of them without having 
picked up their muskets. Schurz's men 
behave even worse — joining in the rout 
without even waiting for the attack. In 
vain does the brave Devens, a second 
time wounded, in vain docs the heroic 
Howard, gallopiag among the broken 
columns, urging them by voice and ges- 
ture, and waving, banner-like, his empty 
sleeve, attempt to rally the fugitives, 
and turn them against their pursuers. 
Once and again a regiment is halted, 
but it is only to be torn to pieces by the 
merciless fire of the on-rushing and now 
triumphant Confederates. Suddenly, 
however, a halt is made on the part of 
both pursuers and pursued. The works 
at Melzi Chancellor's or Dowdall's Tav- 
ern, on Howard's extreme left, have 
been reached. Into these works Stein- 
wehr has thrown Bushbeck's brigade, 
his other brigades being absent with 
Sickles. Bushbeck has been joined by 
some of Schurz's regiments, which have 
been rallied and brought to order. At 
this point a gallant resistance is made. 
The Confederates are held in check, but 
it is only for a brief period. Jackson, 
impatient of resistance, pushes forward 
his legions. Rodes, who has been held 
at bay, is speedily joined by Colston ; 
and their united divisions, already flushed 
with success, and uttering their ac- 
customed yell, rushed bounding into the 
works, shivering to pieces the last solid 
remnant of Howard's splendid corps. 




PORTRAITS OF PROMINENT FEDERAL GENERALS. 



(703) 



7°4 



HISTORY OF THE UXITED STATES. 



Eook II , c. 32 



The rout of the right wing was now 
complete. All semblance of organiza- 
tion was gone. Heedless of the dead 
and dying who lay crowded on the 
turnpike and in the adjoining woods, 
and flinging from them their muskets, 
their knapsacks, and every other en- 
cumbrance, the routed troops rushed 
pell-mell towards Chancellorsville. Ar- 
tillery, wagons, ambulances, pack-mules 
and cattle, all inextricably commingled, 
were being hurried along in the same 
direction. It was a scene of the wildest 
confusion. No such scene had been 
witnessed since the first battle of Bull 
Run. 

" It was now seven o'clock, one brief 
hour since the attack commenced, and 
darkness was coming on. The situation 
was critical in the extreme. Jackson 
was in full possession of the breast- 
works, and within half a mile of Hooker's 
headquarters. It was necessary for the 
National commander to form a new line 
of battle. This, however, was a task of 
peculiar difficulty. Lee was pressing 
Hooker hard, both on his left and centre; 
and the tornado-like rush of the retreat- 
ing hosts had all the effect of an invading 
army. Hooker, on hearing of the dis- 
aster to I loward, sent forward the choicest 
iivision of the army — a division which 
ne himself had created, and which he 
had often led to victory, and now under 
the command of General Berry. The 
batteries of this division, under Captain 
Best, posted on a ridge across the turn- 
pike, having opened a most murderous 
fire, checked the Confederate advance. 
At this point the battle raged fiercely. 
Sickles was recalled from the Furnace, 
where he had been joined by Pleasanton, 
with I, OCX) cavalry, his instructions being 
that he should attack Jackson in flank. 
lie at once hurried forward Pleasanton 



and Birney. Pleasanton, with two of his 
regiments and his battery, arrived at 
Hazel Grove — where Sickles had been 
compelled to leave a portion of his ar- 
tillery — just as Howard's corps was hur- 
rying past in full retreat. Comprehend- 
ing the situation at a glance, he hurled 
the Eighth Pennsylvania on the pursuing 
columns. The regiment was over- 
whelmed, and its commander instantly 
killed. Disastrous as the charge was to 
the regiment, it nevertheless accom- 
plished its object. The Confederate 
onrush was temporarily checked. In a 
few minutes, what with his own battery 
of horse artillery, some guns belonging 
to the routed corps, and those which 
Sickles had left behind him, he had thirty- 
pieces in position. A heavy cannonade 
was opened by Colonel Crutch field, from 
the Confederate batteries on the plank 
road, his object being to prevent the 
National troops from reforming. Pleas- 
anton replied with tremendous energy ; 
and as often as the Confederates came up 
to the charge, their ranks were decimated 
by his double-shotted guns. During 
this encounter, General Crutchfield was 
wounded, and some of his guns were 
silenced. 

" It was now night. The daylight had 
sped, but it was not dark ; for the moon 
was bright and full. There was no dis- 
position on either side to discontinue the 
contest. It was absolutely necessary that 
Hooker should, before morning, re- 
connect his broken lines, and re-establish 
his communications. It was necessary, 
in fact, that he should take a new posi- 
tion. Jackson, on the other hand, felt 
the importance, if not necessity, of push- 
ing the advantage he had won. The 
relative positions of both armies were 
much the same as at nightfall. Lee con- 
tinued to claim a large amount of 



THE ADMINISTRATION OF LINCOLN. 



70S 



Hooker's attention on the left. Jackson 
held the advanced positions he had won 
on the old turnpike and plank roads. 
Berry kept the ground he had taken 
towards the close of the evening's con- 
test. His artillery, under Best, crowned 
the crest at the western end of the clear- 
ing around Chancellorsville. Birney had 
come up and taken position on the left. 
Ward's brigade, of his division, was 
ordered to be ready to make an attack 
on the enemy's lines at 1 1 o'clock. 
Meanwhile Jackson was impatiently 
awaiting the arrival of A. P. Hill, to re- 
place the divisions of Rodes and Col- 
ton, which, after the severe work of the 
afternoon, and because of the thick and 
tangled woods in which much of the 
fighting was done, had fallen into confu- 
sion. At the appointed time, Best opened 
a tremendous fire on the Confederate 
lines, and Ward's men rushed to the 
charge with terrific fury. It was again 
and again repeated. In one of these 
charges, a portion of the artillery lost 
by General Howard was gallantly re- 
taken. This almost midnight attack has 
been described as presenting one of the 
grandest and most soul-rousing scenes 
of the war. ' The moon,' says an eye- 
witness, ' shone bright, and the foe could 
be seen at good musket range. The air 
was very still, and the roar and reverber- 
ation of the musketry and artillery ex- 
ceeded all conception. Malvern Hills 
was a skirmish compared to this, except 
in the degree of slaughter. The attack 
was completely successful, the Confed- 
erates having been driven back half a 
mile. The battle ceased ; but there was 
little repose in either camp during that 
anxious night. 

"At the very commencement of the 
night attack, a terrible calamity befell 
the Confederate army. General ' Stone- 
45 



wall ' Jackson, the author of that day's 
splendid achievement, in many respects 
the greatest soldier of the Confederacy, 
fell mortally wounded. While waiting 
for Hill, and just before the batteries of 
Best opened fire and Ward made his 
attack, he rode forward to reconnoitre 
the ground. He was accompanied by a 
portion of his staff, couriers and other 
officers. On setting out, he gave posi- 
tive orders to his troops not to fire unless 
cavalry approached from the direction 
of the enemy. He advanced to a con- 
siderable distance beyond his own 
pickets. When near what was called 
the Van Wert House, some one re- 
marked to him, 'General, you should 
not expose yourself so much.' 'There 
is no danger,' he said. 'Go back and 
tell General Hill to press on.' When 
returning, and as he approached his own 
lines, he and his escort, mistaken for Fed- 
eral cavalry, were received with a volley 
of musketry. Several of the party fell, 
some of them killed, others of them 
severely wounded. Turning aside,, the 
party entered a thicket, still moving 
towards the Confederate lines. A mo- 
ment more, and being still mistaken for 
Federal cavalry, they were again fired 
upon, and at a distance of not more than 
thirty or forty yards. Jackson received" 
three balls, one in the right hand, and 
two in the left arm, one of which shat- 
tered the bone two inches below the 
shoulder, and severed the artery. Half 
of his escort, including Captain Boswell* 
of his staff, were killed or wounded 
His frightened horse rushed towards the 
National lines. Quickly recovering him- 
self, he managed, with his bleeding hand, 
to rein it up and turn it into the plank 
road. Captain Wilbourn, of his staff, 
now rushed to his aid. Bleeding and 
fainting, the general was taken from his 



"00 



HISTORY OF THE UNITED STATES. 



horse, carried to the road side and laid 
under a tree. It was at this moment the 
guns of Best opened fire ; and the Na- 
tional troops, coming up in great force, 
charged over Jackson's body. The Na- 
tionals again falling back, he was placed 
upon a litter; but Berry's guns were now 
sweeping the road; and one of the litter- 
bearers being shot down, the wounded 
general fell to the ground, receiving a 
severe contusion on his right side. As 
the firing continued, the whole party lay 
'flat on the ground, till the storm of 
grape and canister was turned in another 
direction. He was soon afterwards con- 
veyed safely to the hospital in the rear. 
It was found necessary to amputate the 
arm. Jackson died on Sunday, the ioth 
of May. He lived to see the fruit of 
this day's work. His death was a great 
blow to the Confederate cause. It was 
equal to a National victory. General 
Stonewall Jackson will live in history as 
the hero of Chancellorsville.* 



* " In an ably-written paragraph, which is evidently 
intended to be eulogistic of General Stonewall Jack- 
son, Swinton, yielding to a spirit of detraction, 
which is too common a characteristic of Northern 
writers, makes some remarks which are scarcely just 
to the Confederate soldier. He speaks of Jackson 
as ' devoid of high mental parts, and destitute of 
that power of planning and combination, and of that 
calm, broad, military intellect which distinguished 
General Lee.' He has just described him as 'es- 
sentially an executive officer.' Without referring to 
General Jackson's entire military career, we have no 
hesitation in saying that such remarks were singularly 
inapplicable to the man, after the first day's righting 
at Chancellorsville. The Chancellorsville plan of 
battle was Jackson's throughout. It was his con- 
ception; and it was he who gave it development, and 
determined its success. It is not too much to say 
that but for the death of Jackson, the National army 
might have been captured or cut to pieces. It would 
certainly have been placed in great peril. Such 
was Jackson's own opinion, 'If I had not been 
wounded,' he said, ' I would have cut the enemy 
off from the road to United States Ford; we would 
have had them entirely surrounded ; and they would 
have been obliged to surrender or cut their way out 



" I Till came to the front just as Jackson 
was wounded, and prepared to assume 
the command. Scarcely, however, had 

he issued his first instructions, when he 
too was disabled, having received a 
severe contusion from a piece of shell. 
General J. E. B. Stuart was the officer 
next in rank; but he had moved off in 
the direction of Ely's Ford, his inten- 
tion being to seize that place and occupy 
it. Such was part of General Jackson's 
plan. In the circumstances, and until 
the arrival of Stuart, who was at once 
recalled, the command of the Confed- 
erate left devolved upon Brigadier-Gen- 
eral Rodes. It was a trying moment. 
Jackson had fallen, mortally wounded; 
Hill had been disabled; and Stuart was 
some miles distant. This, however, was 
not all. Berry was repeating his tre- 
mendous assaults; and his artillery, 
under the direction of Best, was main- 
taining a fierce cannonade. It is not 
wonderful that Rodes should have hes- 
itated to make any attack or run any 
serious risk until the morning. In this 
view of the case Stuart, on his arrival, 
concurred. It had the approval, also, of 
Hill, who, although disabled and placed 
on a litter, had not been removed from 
the field. Stuart sent a messenger to 
Jackson, asking for instructions. Jack- 
son was so feeble and suffering so much, 
that he could only give for answer: 
'Tell General Stuart that he must use 



— they had no other alternative.' Nor do we think 
it fair to characterize Jackson as a ' fanatic in re- 
ligion.' The word ' fanatic ' has come to have an 
offensive meaning. In the sense in which it is now 
generally used, it certainly cannot be applied t>> 
Jackson. In the sense in which Jackson was a fana- 
tic, so was Oliver Cromwell ; so, too, in a milder 
sense, was George Washington. Thus applied, the 
epithet is not opprobrious ; but, in this latter sense, it 
is now rarely used. He was certainly a religious 
enthusiast; but a fanatic, in the offensive sense, he 
was not. 



THE ADMINISTRATION OF LINCOLN. 



707 



his own judgment' The night was 
spent by the new commander and his 
staff in visiting the different parts of his 
line, in locating his troops, and in making 
the other necessary arrangements for the 
coming day. 

'■ It had already become apparent to 
the different officers of the National 
army — it must have been apparent to 
General Hooker himself — that a great 
blunder had been committed on the 
Thursday, when no effort was made to 
bring up the three corps under Sedgwick 
at Fredericksburg, so as to make the 
army a unit, and that, if possible, a still 
greater blunder was committed on the 
Friday, when the entire right wing, hav- 
ing advanced towards Fredericksburg 
by three different roads, and having 
gained advantageous positions in the 
clear, open country beyond the woods, 
was compelled by the mere will of its 
chief to fall back, and wait for the onset 
of the enemy in the tangled jungles of 
the wilderness. These blunders — one 
or other or both — had brought about all 
the sorrows of Saturday ; and superior 
as were the Nationals in numbers, and 
excellent as was the spirit of the troops, 
it was a doubtful question with many 
whether greater sorrows were not in 
store for them. The discipline of the 
army, however, was well preserved. 
Hooker, showing no indecision, adopted 
his course with firmness, and after the 
disasters of the afternoon and evening, 
made his arrangements for the morrow. 
On the evening of that day, Reynolds, 
with his corps of some 17,000 men, hav- 
ing come up from before Fredericksburg 
and crossed the United States Ford, 
joined the forces immediately under 
Hooker, and by their presence more 
than compensated for the losses sus- 
tained by the Eleventh corps. Sedgwick 



was still below Fredericksburg with his 
own entire corps, which numbered some 
24,000 men. Late on Saturday night, 
Hooker sent instructions to Sedgwick to 
put himself in motion immediately, to 
occupy Fredericksburg, to seize the 
heights in the rear, to gain the plank 
road leading thence to Chancellorsville, 
and to move out, fighting his way, as 
best he might, with the view of joining 
the main body by daylight on Sunday 
morning. It was, beyond all question, 
of the utmost importance, that Sedgwick 
should be able to accomplish the task 
thus assigned him. The best results 
might naturally enough be expected to 
flow from it. But it was an almost 
impossible task. Hooker made little 
account of the more than possible diffi- 
culties to be encountered in seizing the 
heights in the rear of Fredericksburg — 
difficulties of which he himself had had 
so bitter an experience in the Burnside 
campaign. It would have been more 
wise if the order had been given at an 
earlier hour, or on an earlier day. It 
was not unwise to give it now ; but most 
certainly it was the duty of the gcneral- 
in-chief to think of the obstacles which 
might hinder the progress of his lieuten- 
ant, and by every conceivable means to 
facilitate his advance. 

" During the night, the National com- 
mander succeeded in rearranging his 
lines, and taking a new position. 1 1 is 
new line resembled somewhat the letter 
V or rather a triangle slightly pro- 
longed at the apex, the left leg being 
considerably larger than the right, and 
both extremities reaching close to the 
river, thus covering United States Ford. 
His lines were contracted, as compared 
with those of the previous day, and he 
had drawn nearer the river. He held 
possession of the heights between Melzi 



;o8 



HISTORY OF THE UNITED STATES. 



Book II., c. 32 



Chancellor's and Fairview, including 
Hazel Grove — an eminence which com- 
manded the apex, and the holding of 
which was essential to the safety of the 
new position. Reynolds was on the 
extreme right, at the upper end of the 
left limb of the triangle. Meade's forces 
came next ; then those of Sickles, com- 
manding the line on the left of the apex; 
then those of Slocum on the right of the 
apex ; and then, connecting with Slo- 
cum, but more to the north on the right 
limb of the triangle, came Howard's 
corps, which, with marvellous rapidity, 
had been brought together, and restored 
to something like order. On the left 
limb of the triangle, the National forces 
were heavily massed. In the centre of 
the triangle or V, an ^ almost behind 
Meade, was stationed Couch, that he 
might be able to act in either direction, 
as occasion might require. Reynolds 
and Meade were some distance on the 
north of the turnpike. Sickles covered 
the road ; Berry, with Whipple in his 
rear, being on the north side ; and Bir- 
ney, with Williams, of Slocum's corps, 
in his rear. Slocum, with his other 
division, that of Geary, guarded the 
apex. Hancock's division of Couch was 
on Slocum's left, and stretched out to- 
wards Howard. Sickles' artillery, under 
Best, was massed on the ridge in the 
centre of the open ground, all the guns 
pointing west, so as to command the ap- 
proaches to the turnpike. Hooker had 
60,000 infantry immediately available at 
Chancellorsville. The combined forces 
of Lee and Jackson were far short of 
that number, not much exceeding 40,000 
men. Hooker had, besides, the prospect 
of being joined by Sedgwick, whose 
corps, some 24,000 strong, was equal to 
a large army. Sedgwick was only ten 
miles distant. He had, it is true, some 



difficulties in his way; but these might 
be overcome. If Sedgwick should come 
up in time, might not Hooker yet be 
able to destroy first the Confederate 
right, and then fall back with all his 
force and deal a deadly blow to the Con- 
federate left ? If such is to be the re- 
sult, the National commander must 
exhibit at once more skill and nerve 
than he has revealed since the fighting 
commenced. 

" The Confederate commander had 
been equally active during the night. He 
had drawn up his men in three lines of 
battle. Hill's division was in advance. 
Its different brigades were arranged 
across the road in the following order: 
Archer's, McGowan's, and Lane's were 
on the right of the road ; Pender's and 
Thomas' were on the left. Hill's brig- 
ade was in reserve, supporting Lane 
and Pender; Archer and McGowan 
were thrown back, somewhat obliquely, 
so as to confront Sickles. The rest of 
the line was perpendicular to the road. 
Colston's division formed the second 
line, and that of Rodes the third. The 
ridge, occupied by the right of the corps, 
was covered by artillery. Such was the 
disposition of the left wing of the Con- 
federate army, on the morning of Sun- 
day, the 3d of May. Lee, meanwhile, 
had concluded to effect a junction, if at 
all possible, of his right and left wings; 
and instructions were given to Stuart, 
McLaws, and Anderson, that they 
should direct their movements accord- 
ingly. It will be remembered that 
Sickles held a commanding position at 
Hazel Grove. It was the key-point of 
the battle-ground, and advantageous, not 
only because it commanded the enemy's 
flank, but because if occupied by the 
enemy, it would imperil the safety of 
Slocum's entire line. Sickles, who was 



THE ADMINISTRATION OF LINCOLN. 



709 



naturally proud of the position, had 
been at great pains to strengthen and 
turn it to the best account. It was not, 
therefore, without mingled surprise and 
pain that he received orders from 
Hooker, before daylight on Sunday 
morning, to the effect that the ground, 
the holding of which he deemed of so 
much importance, should be immediately 
abandoned. It was another of those 
inexplicable blunders which Hooker had 
been making since the moment he first 
felt the pressure of his antagonist. 
Quick as lightning, and with the earliest 
dawn, Stuart saw the advantage which 
the blundering mismanagement of his 
opponent had given him, and immedi- 
ately occupied the abandoned position. 
In so doing he became engaged with 
Sickles' rear. The crest, however, was 
seized; thirty pieces of artillery were 
got into position ; and a heavy fire was 
opened at once on the open ground 
around Chancellorsville House. The 
battle of the 3d of May was begun. In 
a few seconds, it was raging along the 
whole line. ' Charge, and remember 
Jackson!' was the Confederate battle- 
cry ; and never was battle-cry more 
effective in evoking military enthusiasm. 
With a fury which seemed to be blind, 
with an energy which was irresistible, 
and with a purpose and determination 
which death only could restrain, on 
came the brave Confederates. Jackson 
was not with them ; but, it was evident, 
his spirit was there. Brave as they 
were, however, they were about to en- 
counter foemen worthy of their steel — 
men who feared no foe, who knew how 
to resist and how to attack. Sickles 
was on hand with his well-trained and 
war-hardened veterans — Berry on the 
right, Birney on the left, Whipple and 
Williams supporting — ready to receive 



the onslaught. Best's forty pieces of 
artillery were all pointed to the road 
along which the attacking column was 
approaching. As the Confederates came 
forward, they were received with a per- 
fect tempest of lead, which burst upon 
them, tornado-like, from the firm lines 
of Berry and Birney, and also from 
Whipple and Williams, who had already 
been pushed to the front. Reckless of 
this tempest of lead, and reckless, also, 
of the more destructive tempest of grape 
and canister, which bursts upon them 
from the batteries on the hill, the col- 
umn still advances. It is cut up and 
gashed, as if 'pierced, scarred, ploughed 
by invisible lightning.' Companies, 
whole regiments even, seem to melt 
away; but still they come. No such 
bravery, in assault, has been exhibited 
by the Confederates since the famous 
battle of Corinth, when they advanced 
against the storm of bullets ' with faces 
averted, like men striving to protect 
themselves from a driving storm of hail.' 
Will nothing check their forward rush? 
Berry and Birney, now massing their 
troops, rush upon them with the weight 
and impetus of an avalanche. The 
shock is terrific. Like waves driven 
by contrary winds, the opposing hosts 
dash and roll against each other, but 
dash and roll apparently in vain. 
Neither prevails: neither > »dds. It 
seems an endless, wasteful struggle. 
Now the Nationals fall back ; and it 
seems as if the Confederates are about 
to win the victory. It is only, ho\. ever, 
for a moment. The Nationals charge 
again; the batteries pour forth their de- 
structive fire; and Jackson's men, their 
ranks literally torn to pieces, their 
dead and wounded lying in groups on 
the field, are driven back to their origi- 
nal position. Again there is a Confed 




(7i°) 



STUART'S CAVALRY CUTTING TELEGRAPH WIRES. 



THE ADMINISTRATION OF LINCOLN. 



711 



erate charge ; again a terrific shock and 
stubborn resistance ; again victory oscil- 
lates, yielding now to the one side, and 
now to the other; and so the battle 
rages until about eight o'clock, when 
Stuart putting forth all his disposable 
strength on that point, drives the Na- 
tionals back and back, and captures the 
works in Sickles' front. 

" The struggle, however, is not yet 
abandoned. The Confederates have 
undoubtedly gained an important ad- 
vantage. They have pressed the Na- 
tionals back from their first line of 
works. It is, in a qualified sense, a Con- 
federate victory. But Sickles, if dis- 
couraged, is not yet dismayed. He has 
already sent for reinforcements. If 
these should arrive in time, he may yet 
turn the tide of battle. He, therefore, 
boldly holds his ground. The battle 
rages again with tremendous fury. The 
works, are repeatedly taken and retaken. 
The Confederates, becoming more con- 
fident, press upon the National columns 
with increasing energy. As it has be- 
come dangerous or impossible to make 
any very effective use of the National 
artillery in his front, Sickles is com- 
pelled to depend on the resisting power 
of the bayonet. As yet, no response is 
made to his repeated calls for assistance. 
In obedience to orders from headquar- 
ters, French has sent out some regi- 
ments, under Carroll; but these, instead 
of moving to the aid of Sickles, have 
moved to the south of Meade, and 
struck the enemy's flank. These regi- 
ments are quickly repulsed ; and Stuart, 
again massing his troops, falls upon 
Sickles with his entire weight and with 
undivided strength. Sickles had done 
his utmost. He had used his men 
wisely; and they had nobly responded 
to his every call. Berry's division, 



formerly Hooker's own, had sustained 
its high character. The men fought 
like heroes of the olden time. The 
same was true, also, of Birney's division. 
But they were confronted by a body of 
men who, for discipline, dash and en- 
durance, were perhaps never surpassed 
in the whole history of war ; and they 
were overpowered by superior numbers. 
And so it came to pass that while the 
corps of Reynolds and Meade and 
Howard, numbering together some 
40,000 men, were doing nothing, Sickles, 
after having resisted for hours the per- 
sistent attacks of Jackson's battalions, 
and after having held at bay, suc- 
cessively, his first, his second and his 
third lines, was compelled, at last, to 
fall back in the direction of Chanccllors- 
ville, only, however, to offer a fresh 
resistance under cover of the guns at 
Fairview. 

" While these things were taking 
place on Hooker's right, the Confed- 
erates were not idle on his front, or 
at the apex of the triangle. Slocum, 
as we have seen, was holding the apex 
on the eastern side, with Geary's di- 
vision, Hancock, of Couch's, being on 
his left. On this point, Lee, from an 
early hour, had been directing all his 
disposable strength. We have already 
mentioned that instructions had been 
sent to Anderson and McLaws to direct 
their movements so as to form a junc- 
tion with Stuart's right, and thus unite 
the Confederate line. The Confederate 
guns at Hazel Grove had madeSlocum's 
position almost untenable from the com- 
mencement of the fight in the early 
mortiing. Anderson, having been 
pushed along the plank road, which 
connects Chancellorsville with Freder- 
icksburg, fell with tremendous weight 
on Slocum. McLaws, moving in a 



712 



HISTORY OF THE UNITED STATES. 



Book II. , c 32 



direction a little farther north, pressed 
heavily upon Hancock. After repeated 
attacks and repeated failures, McLaws 
not only found it impossible to make 
any impression on Hancock, but was 
handsomely repulsed. Anderson's ef- 
fort was attended with better success. 
Pressing with great stubbornness on 
Slocum at the point of the triangle, he 
contrived to throw around his left, and 
thus, by a thin line, to form a junction 
with Stuart. The object, so ardently 
desired by Lee, was at last effected. 
His army, which had been divided 
since the morning of the 2d, was again 
united. His two wings thus brought 
together, Lee bore in upon the Nationals 
with his whole line. Sickles and Slo- 
cum were forced back ; and the National 
line seemed to melt away, Hancock 
alone holding his position, and resisting, 
with great firmness and determination, 
the fierce and persistent onslaughts of 
the already triumphant Confederates. 
Hooker ordered the troops to fall back 
upon Chancellorsville ; and here again, 
at the angle of the woods, the battle for 
a time raged with great fury, the artil- 
lery on both sides doing terrible execu- 
tion. The Chancellorsville House, which 
was still General Hooker's headquarters, 
was now discovered to be on fire, and 
had to be abandoned. 

" The National line, in this new posi- 
tion, began to waver ; and the Confed- 
erates, already flushed with success, see- 
ing their opportunity, made a tremen- 
dous dash, and, springing forward with 
wild yells, captured Chancollorsville, with 
a considerable number of prisoners. It 
was now a few minutes past ten o'cTock. 
The battle had lasted, almost without 
intermission, for more than five hours. 
The Nationals, although pressed vigor- 
ously by the triumphant Confederates, 



whose guns were sweeping the open 
ground around Chancellorsville, fell back- 
in good order, and took a new and well- 
fortified position about a mile nearer the 
river. The new line was still in the form 
of a triangle, or V, but shorter and some- 
what flatter than before. The apex was 
at Bullock's House. The left limb ex- 
tended along the Ely's Ford road, to- 
wards the mouth of Hunting Run. The 
right extended along Mineral Spring 
road, towards what is known as Scott's 
Dam. Thus ended the second great 
battle at Chancellorsville, fought on the 
3d of May, 1863. Among the many 
brave men who perished that day was 
General Berry. 

" At an early stage of the contest a 
severe misfortune befell the National 
army. While the conflict was at its 
height, General Hooker was standing on 
the balcony of the Chancellorsville House, 
leaning against one of the pillars. The 
pillar was struck by a cannon-ball ; and 
the general was thrown down by the 
violence of the .concussion. He was 
stunned and stupefied, and rendered in- 
capable of command. This misfortune 
goes far to explain some of the mysteries 
of that mysterious day, when Sickles and 
French and Slocum were struggling 
against the superior numbers of the 
enemy, and vainly calling for reinforce- 
ments, while 40,000 men, composing the 
corps of Reynolds and Meade and How- 
ard, were doing nothing. Hooker was 
still insensible, and unfit for duty. The 
responsibilities of general-in-chief, at this 
supreme crisis, and in these peculiar 
circumstances, devolved upon General 
Couch, who, from some as yet unex- 
plained cause, did not prove himself 
equal to the requirements of the situa- 
tion. Had these 40,000 men, who were 
unused, and, therefore, useless in the 



THE ADMINISTRATION OF LINCOLN 



7*3 



fight, been hurled against the foe at the 
different points of attack, there can be 
no reasonable doubt that the tide of 
victory would have rolled in an opposite 
direction. The Nationals, in such a case, 
would certainly have fully engaged Lee's 
attention, and occupied his army. The 
plank road would have been preserved ; 
and Sedgwick, if his arrival at the point 
of destination must still have been a 
little late, would at least have been able 
to march comparatively unmolested from 
Fredericksburg toChancellorsville. The 
mystery of Chancellorsville will, perhaps, 
never be explained. It is certainly but 
little likely to be explained during the 
lives of the principal actors in the great 
and tragic drama. The accident which 
befell Hooker was undoubtedly a mis- 
fortune to the National army. It explains 
much ; but it does not explain all. 

" Sunday, the 3d of May, was yet young. 
Sacred as was this day, and severe as had 
been the work already accomplished, there 
was no disposition to rest on either side. 
Hooker, now partially recovered, busied 
himself in strengthening his line, and 
preparing for another attack, as well as 
securing his lines of communication with 
the United States and Ely's Fords, in the 
event of further retreat being judged 
necessary. Howard and Slocum were 
stationed on his left ; Meade and Rey- 
nolds were on the right ; and, at Bul- 
lock's House — a commanding plateau, 
the vertex and key of the position — 
Sickles and Couch were massed with a 
large number of pieces of artillery. 

" Lee had not been less active. He 
had already displayed his army on the 
plateau at Chancellorsville. The scat- 
tered regiments, brigades, and divisions 
which had been broken in the confusion 
of battle, were again brought together. 
A line of battle was formed along the 



plank road to the west of Chancellors- 
ville, and extending down the old turn- 
pike to the cast of that place. Rodes, 
with his right on Chancellorsville, ex- 
tended up the plank road. On his left 
was Pender, with half of the division of 
A. P. Hill. To the east of Chancellors- 
ville was Colston, with Anderson and 
McLaws in order on his right. 

" There was quiet on the battle-field, 
but everything indicated preparation 
and readiness for a resumption of the 
fight. While the armies were in this 
expectant condition, a fire broke out in 
the forest, on the north side of the plank 
road, where the battle had raged in the 
morning. In consequence of the dryness 
of the leaves and the brushwood, it 
spread with great rapidity. The wood 
was filled with the dead and wounded of 
both armies; the wounded were most the 
objects of anxiety and care ; but it was 
found impossible to remove them in time 
to save them from the flames. The 
smoke arising from the burning material 
had a strange, offensive odor. It was a 
sad sight. It revealed the demon of 
war in one of his most horrid aspects. 
In spite of all this, however, Lee, resolved 
to push his advantage, was hurrying for- 
ward his preparations for a fresh attack 
on the National army behind its rear line 
of works. His troops and artillery were 
ordered into position, and reconnois- 
sances were made of the National line. 
It was evidently Lee's intention to strike 
at Hooker a deadly blow before Sedgwick 
could have time to come up from Fred- 
ericksburg. If he could drive Hooker 
from behind his new line of fortifications, 
force him towards the river, he might, in 
the confusion which must result from any 
attempt at crossing, succeed in capturing 
or destroying the greater portion of the 
National army. Success was not to at- 



7i4 



/MS TO A' i' OF HIE UNITED STATES. 



Book II., c. 32 



tend him from such calculations. His 
arrangements were all but completed ; 
his arm was, so to speak, uplifted and 
ready to strike, when the blow was ar- 
rested, and his purpose changed by a 
despatch, which informed him of the 
capture of Marye's Hill, and of the ad- 
vance of Sedgwick. 

" Leaving the army of Hooker and 
the army of Lee in the positions which 
we have described, let us now turn our 
attention to certain important movements 
which have been made, or which are 
just about to be made, in the immediate 
neighborhood of Fredericksburg. In an 
earlier part of this chapter, we have 
shown how, and for what purpose, Sedg- 
wick was left behind at Falmouth, with 
his own corps — the Sixth — and also with 
the First and Third. We have seen how, 
after the demonstration successfully 
made on the 29th of April, the Third 
corps, under Sickles, advanced by the 
north bank of the river, crossed at United 
States Ford, and joined Hooker at Chan- 
ccllorsvillc. We have seen how the 
First corps, under Reynolds, following 
the same path, joined the main army on 
the night of the 2d of May. We have 
also seen how, on the same night, after 
the fatal surprise by Jackson, Sedgwick, 
who had already crossed the Rappahan- 
nock below Fredericksburg, was ordered 
to put his troops in motion immediately, 
to occupy Fredericksburg, by Gibbon's 
division, of Couch, which had been left 
behind at Falmouth, to seize the heights 
in the rear of the city, to gain the plank- 
road leading to Chanccllorsville, to move 
along that road towards the main body 
of Hooker's army, and to be at the place 
assigned by daylight the following morn- 
ing. It remains to be seen how this 
order was executed. 

" It was past eleven o'clock, on the 



night of Saturday, the 2d, when the 
order was received. The officers and 
men had already gone to sleep ; and it 
was midnight before the instructions to 
advance were fully communicated. Sedg- 
wick was lying on the south bank of the 
river, about three miles below Fredericks- 
burg. Without delay, he put his corps 
in motion by the flank, proceeding to- 
wards the town. It was a critical 
march. On the right was the river, 
about a mile distant ; on the left was the 
range of heights on which the watch- 
fires of the enemy could be distinctly 
seen. The column was long, and ex- 
posed along its whole flank to the enemy 
on the heights. It was moonlight; but a 
heavy fog had settled over the low ground 
and the river. Newton led the advance; 
and his instructions were that, in the 
event of any attack being made, the regi- 
ments attacked should face the hills and 
charge without further instructions. The 
head of the column had advanced but a 
short distance, when it encountered the 
Confederate pickets. There was some 
slow marching, and some little delay was 
experienced ; but the Confederates fell 
back. On the outskirts of the town, on 
the banks of a small creek, the Confed- 
erate skirmishers were again encoun- 
tered ; but they were driven back with- 
out much difficulty. The column was 
now within a short distance of Marye's 
Heights. At two o'clock, General War- 
ren arrived from Hooker's headquarters, 
his object being to hasten forward the 
movement. It was near dawn when the 
head of the column entered Fredericks- 
burg. Here Sedgwick was joined by 
Gibbon, with his division of the Second 
corps. 

"We have already mentioned what 
provision Jackson made for the protec- 
tion of Fredericksburg and the heights, 




PORTRAITS OF PROMINENT FEDERAL GENERALS. 



(715) 



716 



HISTORY OF THE UNITED STATES. 



Hook II., c. 32 






when he set out to meet Hooker at 
Chancellorsville. He left behind him 
Early's division of four brigades, with 
Barksdale's brigade, of McLaw's division. 
Barksdale was charged with the protec- 
tion of the heights immediately in the 
rear of the town, including Marye's Hill 
and the stone wall, made famous by the 
Burnside campaign. His brigade con- 
sisted of some 1,400 men. It was dis- 
posed as follows: seven companies of the 
Twenty-first Mississippi were posted be- 
tween the Marye House and the plank- 
road ; the three remaining companies of 
the Twenty-first were posted on the tel- 
egraph road, at the foot of Marye's Hill; 
his other two regiments were on the 
hills farther to the right. Batteries were 
set up at Lee's Hill, and at the Harrison 
House ; while four pieces of General 
Pendleton's artillery were stationed at 
the Marye House, two on the right and 
two on the left. As soon as Early was 
made aware of Sedgwick's movement, 
he sent Hays' brigade to reinforce Barks- 
dale. The Confederates, it is manifest 
from the small number of troops left at 
this point, had perfect confidence in their 
ability to hold the heights. 

"As soon as the opening dawn per- 
mitted it, Sedgwick moved forward four 
regiments from the town in the direction 
of the heights. As they advanced 
stealthily over the ground, so sadly 
memorable, not a sound disturbed the 
death-like stillness of that dull, dark 
Sabbath morning. The stillness, how- 
ever, is not to be of long duration. A 
few paces more, and the regiments will 
have reached the fatal stone wall. Sud- 
denly, and simultaneously, light flashes 
from the summit of the hill and from the 
rifle-pits at the base. The Confederates 
have opened upon them with both artil- 
lery and musketry. The regiments fall 



back under cover of the fog, but not 
without considerable loss. This attempt 
having failed, Sedgwick now resolved to 
turn the Confederate position. Howe 
was ordered to advance on the left of 
Hazel Run, and to attack the Confeder- 
ate right, while Gibbon was ordered to 
move up the river and make a vigorous 
attack on the Confederate left. Howe 
found his progress barred by the strength 
of the works in his front; and the stream 
deterred him from moving to the right 
and attacking in flank the works at 
Marye's Hill. Gibbon, who attempted 
to carry out Sedgwick's instructions on 
the extreme right, had no better success. 
Having advanced by the river road, he 
found the canal impassable; and the vig- 
orous fire which was opened upon him 
from Taylor's Hill, where Wilcox, who 
had hurried up from Banks' Ford, had 
planted two pieces of artillery, coirpclLd 
his men to seek shelter in the cuts of the 
road. These experiments were so far 
unsuccessful ; and yet it would be unjust 
to pronounce them failures ; for it is 
oftentimes only by such experiments 
that a knowledge of what it is right to 
do can be arrived at. It was by such 
experiments that General Grant was, at 
last, to make himself master of Vicks- 
burg. Benefiting by the experience 
thus acquired, and knowing at least what 
could not be done, Sedgwick felt that he 
was left no alternative but to make a 
powerful, concentrated effort, and take 
the works by storm. 

" It was now near ten o'clock. Pre- 
cious time had unavoidably been lost. 
If this work was to be done, it must be 
done without further delay. Newton 
was ordered to send forward two storm- 
ing columns against Marye's Hill and 
the adjoining works. . Howe, who was 
more to the left, was ordered to repeat 



THE ADMINISTRATION OF LINCOLN. 



717 



his attack up Hazel Run, on the second 
line of heights. Newton's right-hand 
column was composed of the Sixty-first 
Pennsylvania, and Forty-third New 
York, supported by the Sixty-seventh 
New York and the Eighty-second Penn- 
sylvania, and was commanded by Colonel 
Spear, of the Sixty-first Pennsylvania. 
His left was composed of the Seventh 
Massachusetts, and Thirty-ninth New 
York, and was commanded by Colonel 
Johns, of the Seventh Massachusetts. 
These columns moved up the plank road, 
and to the right. Colonel Burnham, 
with four regiments, at the same time 
moved to the left of the plank road, and 
directly against the rifle-pits at the base 
of Marye's Hill. The National columns 
meet with but little resistance, until they 
are within three hundred yards of the 
Confederate works. At this point, the 
guns on the hill pour from their murder- 
ous throats a tremendous shower of 
canister. Nothing dismayed, the columns 
push on, until within close musket range. 
Here the Confederate infantry, rising 
from behind the stone wall, open upon 
them a terrific fire. The Nationals reel 
and stagger, and threaten to break. 
Quickly rallied, they rush again to the 
attack. The storm of lead abates not. 
The volleys are swifter and more sure. 
Nothing, however, can damp the courage, 
check the enthusiasm, or arrest the pro- 
gress of these heroic men. Right, left 
and centre, each emulous of the other, 
nerved by the same purpose, and inspired 
by the same hope, press eagerly forward. 
Spear falls; but Shaler is at hand. The 
right is rallied; and the attack is re- 
sumed. Johns is wounded; but Colonel 
Walsh, of the Thirty-ninth New York, 
takes the brave fellows in charge; and 
the left, in the rivalry and onward rush, 



The supporting column vies with the 
other two; and Burnham, of the Sixth 
Maine, performs deeds of daring, which 
command at once admiration and envy. 
It is a race for a prize; and the prize is 
on the summit of the hill. The stone 
wall has been cleared ; the rifle-pits have 
been seized and silenced; but the artil- 
lery on the hill still thunders and belches 
forth its murderous shell and canister. 
Ploughed through and through, and torn 
to pieces, their comrades falling in 
dozens by their side, these gallant fel- 
lows rush fearlessly on. There is a lull 
in the thunderstorm of artillery. There 
is a loud-resounding cheer. It is the 
shout of victory. The race is run; the 
task is accomplished; and the Union 
flag waves proudly on the crest of 
Marye's Hill. 

" While Newton has been carrying the 
National standard to victory in the centre, 
success not dissimilar has been attending 
Howe on the left. When pressing for- 
ward on the left of Hazel Run, he was 
vigorously confronted by the Confederate 
skirmishers, who were intrenched in rifle- 
pits behind the embankment of the Rich- 
mond, Fredericksburg and Potomac 
railroad. Lee's Hill and the adjacent 
heights, which constituted Howe's ob- 
jective point, were occupied by the Con- 
federate artillery, and by their main line 
of infantry. Howe advanced with two 
columns — six regiments composing that 
on the right, three that on the left. 
There was a third column, which moved 
still further to the left, and which was 
instructed to strike the Confederate posi- 
tion in the rear, and then co-operate with 
the others when they should have carried 
the works in front. Three regiments of 
the principal column to the right, getting 
separated from the others, crossed the 



resumes and maintains its proud position, j Run, and took part in the attack on 



718 



IIJSIORY OF THE UNITED STATES. 



Book II., C. 3! 



Marye's Hill. The remainder pushed 
forward, and soon obtained a firm footing 
on Lee's Hill. Here, for a time, the 
struggle was vigorously maintained. 
After the capture of Marye's Hill, Lee's 
Hill and the adjoining heights were no 
longer tenable. The Confederates, there- 
fore, abandoned the works, and fell back 
by the telegraph road. In addition to 
the actual gain of the position, five guns 
and a considerable number of prisoners 
rewarded this brilliant feat of arms. 
Karly hurried up from Hamilton's Cross- 
ing, and the pursuit of the retreating 
Confederates was discontinued; but the 
entire range of hills in the rear, and to 
the south of Fredericksburg, was in 
Sedgwick's possession. 

" It was as yet only eleven o'clock. 
In this brief struggle, there had been a 
fearful loss of life. In the space of ten 
minutes, when the conflict raged most 
fiercely at the base of Marye's Hill, 
nearly I, ooo men were killed or wounded. 
The Confederates suffered as severely, as 
they bravely fought. The rifle-pits were 
full of dead and dying men, who fell, 
many of them, in a hand-to-hand strug- 
gle. In addition to the loss of the rank 
and file, the Nationals lost some of their 
ablest officers, among whom was the 
gallant Colonel Spear, and Majors Bas- 
sett, Faxon and Haycock. But the sac- 
rifice had not been made in vain. The 
heights had been carried; the Confed- 
erate forces were divided; and the plank- 
road which led direct to Chancellorsville 
was open. Sedgwick was now free to 
advance to the assistance of Hooker. 
He did not know that the latter had al- 
ready been driven behind his last line of 
intrenchments. 

" It was this alarming state of things 
which was reported to Lee when, elated 
with success, he was about to strike a 



final blow at Chancellorsville. Lee 
found himself in a most critical situa- 
tion. There were several courses open 
to him ; but every one of them was be- 
set with difficulty. He might carry out 
his original purpose, and fall on Hooker 
with all his might, cripple or destroy 
him, and then give his attention to 
Sedgwick ; but in that case he would 
expose himself to the risk of being at- 
tacked by Sedgwick in flank and rear. 
He might fall back towards Fredericks- 
burg, meet and demolish Sedgwick, and, 
being relieved from all danger in this 
direction, face about and press matters 
to a final issue with Hooker; but in 
that case he would be exposing him- 
self to a similar and even greater risk ; 
for Hooker might sally forth from his 
intrenchments and fall with crushing 
effect on his rear. He might remain in 
his present position, defer his meditated 
attack on Hooker, detach a sufficient 
number to check or destroy Sedgwick, 
leaving events themselves to determine 
in which direction the first crushing 
blow should be dealt ; but in that case 
he would run the risk of being com- 
pelled to fight two battles at once, if, in- 
deed, he was not caught as in a vice, 
between two powerful armies. The 
last course, perilous as it was, was the 
one he adopted. It was a course justi- 
fied by the highest principles of the 
military art, and sanctioned by some of 
the greatest examples of the past. 
Never over-bold, Lee had an advantage 
over most of the generals, either in the 
Confederate or National armies, in cool- 
ness of head and clearness of vision. 
He had, also, great steadiness of pur- 
pose. In some of these qualities he was 
approached by McClellan ; but the un- 
questionably great talents of that gen 
eral were ruined by his excess of cautior 



THE ADMINISTRATION OF LINCOLN. 



719 



In all that made Lee a great general, 
he was equalled only by Grant; but 
Grant surpassed him in self-reliance, in 
strength of will, in deep intensity of 
purpose, and in a certain bull-dog tena- 
city of grip. In the present instance, as 
the result proved, Lee's judgment stood 
him in good stead. He had wisely 
measured Hooker. He believed that, 
with a reasonable show of force, he 
could keep him behind his intrench- 
ments. Without delay, therefore, he 
detached McLaws, with his own three 
brigades — those of Wofford, Semmes 
and Kershaw — together with Mahone's 
brigade, of Anderson's division, with 
instructions to advance towards Fred- 
ericksburg, to co-operate with Wilcox 
and Barksdale, and the other troops 
under Early, with a view to the inter- 
ception or destruction of Sedgwick. 

"After the capture of the heights, 
Sedgwick pursued the retreating Con- 
federates about two miles along the tele- 
graph road ; but at that point, Early, 
who had come up from Hamilton's 
Crossing, halted the commands of Barks- 
dale and Hays, and reinforced them 
with three regiments of Gordon's brig- 
ade. Sedgwick had no motive in 
pushing along the telegraph road. His 
destination was Chancellorsville. He, 
therefore, discontinued the pursuit, and 
turned towards the plank road. He 
had advanced but a little way when he 
found the Confederates in some strength 
on the ridge, which stretches along the 
road from Guest's to Stansbury. It was 
Wilcox's brigade. Wilcox, it will be 
remembered, was at Taylor's Hill, when 
the attempt was made by Gibbon to 
cross the canal and turn the Confederate 
left. Hays was at Stansbuty's Hill. 
When the combined attack was made 
on Marye's Hill and to the left, they 



had been ordered to come up, but they 
had not had time; and so rapid was the 
advance of Sedgwick, that they found 
themselves — Wilcox with his whole bri^- 
ade, and Hays with a portion of his — 
cut off from the main body of the Con- 
federates, and left on the north side of 
the plank road. Hays, by retreating 
parallel to the road, succeeded in get- 
ting round the head of the National 
advance, and rejoining Early. Wilcox 
remained behind; and, yielding to the 
instincts of a true soldier, as well as re- 
solved to make the best use possible of 
the means at his disposal, drew up his 
brigade in line on the ridge above referred 
to, and placed in position four pieces of 
artillery. Sedgwwck was now advancing 
slowly, and with great caution. Wilcox, 
for a time, offered a spirited resistance, 
and greatly annoyed the National ad- 
vance. The Nationals coming up in 
greater force, Wilcox, fearing lest he 
should be surrounded, fell back to the 
river road, about half a mile in rear of 
Taylor's House. Sedgwick was stil 
advancing with slow and cautious steps. 
"Taking courage from the leisurely 
movement of the National troops, and 
determined to retard their progress as 
much as possible, Wilcox again pushed 
forward his brigade, with the artillery, 
this time taking position in the neigh- 
borhood of Salem Church, some five 
miles distant from Fredericksburg. The 
heights in the vicinity of the church, 
extending on both sidjs of the road, 
and about 250 yards to the east, were 
thickly wooded. Beyond the wood, and 
on slightly lower ground, there were 
cleared fields spreading out on both 
sides of the road, and reaching as far as 
and beyond the toll-gate, which was dis- 
tant from the church about 1,000 yards. 
Advancing his troops to the toll-gate, 



J2G 



HIS TORY OF THE UNITED STATES. 



Book II., c. 32 



and placing two rifled pieces on the road, 
Wilcox awaited the approach of Sedg- 
wick. He had not long to wait ; for 
Collins and the cavalry skirmishers 
came up almost immediately. The 
artillery on both sides opened fire at once. 
Meanwhile, McLaws, who had come up 
with his three brigades, was taking posi- 
tion on the high ground in the rear of 
Wilcox, and to the right and left. As 
soon as McLaws came up, he ordered 
Wilcox to fall back on Salem Church. 

" It was now four o'clock. The Con- 
federates were well posted. The ground 
was high, and, as we have seen, well 
wooded. McLaws had drawn up his 
line of battle perpendicular to the road. 
Mahone was on his extreme left, then 
Semmes, then Wilcox — who, having 
fallen back, crossed the road, having 
three regiments on the right or south 
of it, and two on the left — and then 
Kershaw. Wofford came up later, and 
took position on Kershaw's right. The 
artillery was so disposed as to command 
the road, and to cover both flanks. On 
the road, in the front of his centre, 
Wilcox had four guns. Troops were 
posted in the church, and also in the 
school-house, some sixty yards in ad- 
vance. Scarcely had these arrange- 
ments been completed, when the Na- 
tionals came up in force. Sedgwick 
threw forward Brooks' division, which 
had moved up the road and on both 
sides of it. Brooks was followed by 
Newton, in support. Bartlett's brigade 
was on the National left, and the First 
New Jersey on the right. Getting his 
guns into position at the toll-gate, Sedg- 
wick opened a terrific fire, shelling the 
woods to the right and to the left. The 
Confederate artillery for some minutes 
replied with great spirit. Gradually, 
however, the fire slackens ; and the 



skirmishers fall back, first to the wood 
and then to their line of battle. The 
'Nationals, having passed on to the edge 
of the road, uttered a loud and tri- 
umphant cheer, and then rushed forward 
to the charge. When within about eighty 
yards of the opposing line, the Confeder- 
ates, who had reserved their fire, opened 
upon them a tremendous volley. The 
effect was dreadful. The National line 
wavered, but it was only for a moment. 
Bartlett dashed forward ; and, in a 
second, the school-house was surrounded, 
and the garrison captured. A few min- 
utes more and he has fallen with crush- 
ing weight on the line in the rear, and 
nearly demolished a whole regiment. 
The Confederates waver and break, 
yielding the ground to the advancing and 
triumphant Nationals. The crest has 
been won. At this point, however, the 
tide of victory turned. Wilcox had 
still in reserve the Ninth Alabama regi- 
ment. At this supreme moment, when 
all seemed lost, he hurled this regiment 
upon the advancing Nationals. Firing 
at close quarters, the Alabamians charged 
with great fury. The shock was irre- 
sistible. The Nationals yielded, and fell 
back in terror. In vain did Bartlett 
strive to hold the advantage he had won. 
At this point the struggle was most 
fierce. Sedgwick hurried forward his 
second line ; but it was to little purpose. 
The fury of the Confederate onset, the 
weight of the pressure, was irresistible. 
Step by step the Nationals were driven 
back — back behind the school-house, 
which was recaptured and reoccupied 
by the Confederates — back through 
the open fields, in which it was found 
impossible to make a fresh stand — back 
to the toll-gate, where the retreating 
columns were sheltered, and the enemy's 
advance was checked by the well-directed 









THE ADMINISTRATION OF LINCOLN. 



fire of Tompkins' batteries. It was now 

night ; and neither the one side nor the 
other seemed anxious to prolong the 
contest. Sedgwick had not been de- 
feated ; but he had met with a bloody 
repulse. 

" Sunday, the 3d of May, in spite of the 
ray of promise revealed on the heights 
of Fredericksburg, was a day of disaster 
to the National cause. All the plans of 
the morning had been frustrated. Lee, 
in place of being crushed between the 
two wings of the National army, had 
whipped first the one and then the other- 
and while Hooker, with his splendid 
army, was shut up, prisoner-like, behind 
his own intrenchments, Sedgwick was 
being effectually hindered from coming 
to his relief. 

" On Monday, the 4 th, the opposing 
armies found themselves in a peculiar 
plight. The final upshot of the campaign 
was revealing itself more and more 
clearly. But it could not be said that 
on either side the danger was past; nor 
•could it be predicted with confidence 
which should win the victory. Lee, so 
far, had been successful in wooing or 
forcing the favors of fortune. But his 
hands were full. Hooker was evincing 
no signs of a disposition to resume the 
offensive, and was, to all appearance, 



721 

ever, was not slow to decide. His final 
success seemed to him to depend on his 



first crushing Sedgwick, or driving him 
across the Rappahannock, and then fall- 
ing back with his whole weight and deal- 
ing a decisive blow on Hooker. Early 
was, therefore, ordered up from below 
Fredericksburg, with instructions to 
retake the heights in the rear of the 
town, and to press on against Sedgwick's 
right. At the same time, leaving three 
of Jackson's divisions to hold Hooker 
in check, Lee pushed forward the three 
remaining brigades of Anderson in 
the direction of Salem Church. Thus 
strengthened, the Confederate force in 
front of Sedgwick amounted to 23,000 
men. The rival forces in this direction 
were now about equal. Anderson was 
to take position on McLaws" right, with 
the view of forming a connection' with 
Early. Lee went forward in person to 
direct operations. 

"On Monday morning Sedgwick 
found himself confronted by McLaws, 
and threatened in the rear by Early. 
The latter had experienced little diffi- 
culty in recapturing the heights. Sedg- 
wick, although not yet aware of the 
approach of Anderson and Lee in per- 
son, telegraphed to General Hooker that 
large masses of the enemy were moving 



- -rr --, *"«*>- '"-•'" w. m<_ enemy were moving 

contented to remain inactive behind his from his right to his left, and asking 

hnf=>Q of Pin ,-.^^1 1 ,..:ii_ 1.1,.... o 



lines at Chancellorsville ; but he had 
under him a mighty army, whole divi- 
sions of which had taken no part in the 
contest. Sedgwick had been checked; 
but his numbers were considerably 
greater than those by which he was 
opposed ; and any attempt made by Lee 
to strengthen his right wing would neces- 
sarily weaken his left, already too weak 
to resist a vigorous sortie, if Hooker 
should make up his mind to rush from 



behind his 
46 



whether the main army could support 
him. The answer was that no support 
must be expected. Sedgwick, cut off 
from Fredericksburg by the advance of 
Early, formed his line so as to cover 
Banks' Ford and the pontoon bridge 
near that point. Howe was upon his 
left; Brooks was upon the right of Howe, 
and at right angles to him on the plank- 
road ; and Newton was on the right of 
the line, perpendicular to the road, much 



^ — -W.U8U11UU] cue uiic, pcipeiiuieuiar co tne road, much 

intrenchments. Lee, how- 1 as he had been the previous evening. 



/--- 



HISTORY OF THE UNITED STATES. 



Book II. 



33 



It was noon before Anderson arrived at 
Salem Church. Preparations for the 
attack were not completed until about 
six o'clock, although there had been 
skirmishing, both on the National right 
and left, from an early hour. Sedgwick, 
perceiving that he was about to be 
attacked both in front and rear, had 
notified Hooker that his position was 
untenable, and that the bridges might be 
sacrificed, and had received for answer 
that he must not cross the river ' unless 
compelled to do so.' At the appointed 
time — it was close upon six o'clock — 
the signal was given, and the Confed- 
erates moved to the attack along the 
whole line. It was made with great 
impetuosity. The Nationals resisted 
with great stubbornness ; but they were 
compelled to fall back towards the river, 
Sedgwick still holding possession of 
Banks' Ford. The fighting was severe, 
both armies suffering terribly. Dark- 
ness ensued ; and the nature of the coun- 
try was such that the Confederates were 
prevented from following up their advan- 
tage. Under cover of the night, having 
received permission to withdraw, Sedg- 
wick recrossed the river at Banks' Ford 
with his whole force.* The last brigade 



"At one o'clock A. M., on the 5th, in reply to a 
despatch sent to Hooker at 11.45 on tne night of the 
4th, General Butterfield wrote to Sedgwick to ' with- 
draw under cover.' The movement to recross was 
at once commenced, and by five o'clock on the fol- 
lowing morning the troops were all on the other side, 
and the bridges taken up. When the last brigade 
wa-> crossing, an order was received from Hooker 
countermanding the withdrawal. This latter order 
was based on a despatch of Sedgwick, sent in the 
afternoon, stating that he could hold a position south 
of the Rappahannock — a despatch which reached 
I looker subsequent to the one which called forth the 
permission to withdraw. We subjoin the last order 
and the reply : 

" -May 5, 1863 — 1.20 A. M. 

« 'General Sedgwick : 

'• • Yours received one A. M. saying that you should 



had crossed before day-break. In the 
three engagements — the storming of the 
heights, the battle of Sunday, and the 
battle of Monday — Sedgwick had lost 
5,000 men. 

" It was, no doubt, a great misfortune 
that Sedgwick did not succeed in form- 
ing a junction with Hooker. That he 
did his best to accomplish this object, no 
impartial mind, in view of all the facts, 
can refuse to admit. It is greatly to be 
regretted that General Hooker, in his 
testimony before the Committee of Con- 
gress on the conduct of the war, should 
have so far forgotten himself as to at- 
tribute his defeat at Chancellorsville to 
the failure of Sedgwick to join him on 
Sunday morning. The reader of these 
pages, unless we greatly mistake, must 
have come to another and very different 
conclusion; and we do not see how the 
cruel and most unjust charge of Hooker 
can ever be indorsed by the impartial 
historian. ' In my judgment,' says 
Hooker, 'General Sedgwick did not 
obey the spirit of my order, and made- 
no sufficient effort to obey it. His 
movement was delayed so long that the 
enemy discovered his intentions; and 
when that was done, he was necessarily 
delayed in the further execution of the 
order.' It is unnecessary to repeat what 
we have already said, believing, as we 
do, that our narrative is sufficient dis- 
proof of these assertions. We agree 
with Swinton — whose observations, at 



hold position. Order to withdraw countermanded. 
Acknowledge both. 

'"Joseph Hooker, 

" ' Major-General Commanding.' 

" To this Sedgwick replied, at 5 A. M. : 
" ' The bridges at Banks' Ford are swung, and in 
process of being taken up. The troops are much 
exhausted. The despatch countermanding my move- 
ment over the river was received after the troops had 
crossed.' " 



THE ADMINISTRATION OF LINCOLN. 



723 



the close of his account of the battle of 
Chancellorsville, reveal the keen sense 
of the military critic, and whose argu- 
ments are unanswerable — in pronouncing 
this statement of Hooker to be ' a cruel 
charge to bring against a commander, 
now beyond the reach of detraction; 
whose brilliant exploit in carrying the 
Fredericksburg Heights, and his sub- 
sequent fortitude in a trying situation, 
shine out as the one relieving brightness, 
amid the gloom of that hapless battle.' 

" It was felt by both parties that the 
struggle and defeat of Sedgwick on 
Monday had decided the contest. Some 
of the National generals were willing, 
and even anxious, to make another effort. 
All fight, however, seemed to have passed 
out of Hooker; and he resolved to re- 
tire his troops to the north bank of the 
river. Preparations for this movement 
were begun on the morning of Tuesday, 
May 5th. The engineers were ordered 
to prepare a new line near the river, so 
as to cover the crossing. The roads and 
bridges were, in consequence, repaired; 
and an interior line of works was con- 
structed from Scott's dam to the mouth 
of Hunting Run, on the Rapidan, a dis- 
tance of three miles. Lee, eager to push 
the advantage he had gained, and im- 
patient to deal a deadly blow before his 
antagonist should have time to escape, 
left Early's division and Barksdale's 
brigade to guard the river from Banks' 
Ford to Fredericksburg and the cross- 
ings below, and ordered Anderson and 
McLaws to hurry back to Chancellors- 
ville. Early in the afternoon, a violent 
rain-storm broke out. It continued 
during the remainder of the day, deluging 
the spongy soil, swelling the streams to 
overflow, and covering the low flats with 
water. It was late, in consequence, when 
the Confederate troops had reached 



their destination at Chancellorsville. As 
the storm continued to rage, nothing 
could be done till the following morning. 
The elements on this occasion, while 
they delayed the Confederates, and made 
an attack impossible on the National 
position, were scarcely less unkind to the 
Nationals. The river was rising rapidly, 
and the bridges were in peril. The Na- 
tional generals were divided as to the 
course which should be pursued. Some 
of them were in favor of an advance. 
Others deemed it more prudent to with- 
draw. The attempt was made. Straw 
and branches were laid on the bridges, 
to deaden the noise of the trains, which 
were sent over first. The trains having 
been safely transported, the troops fol- 
lowed in order; and so, during a night 
in which nature seemed strangely in 
sympathy with the situation, fretting and 
fuming, and as if scowling upon defeat, 
the great army of the Potomac, which 
was to put the enemy to inglorious flight, 
found itself, after a feeble campaign of 
six days, ingloriously transported to the 
northern banks of the Rappahannock. 
In the morning, when Lee advanced to 
attack, he found that his enemy was 
gone. 

" The losses in the battle of Chancel- 
lorsville were heavy. The Confederate 
loss, according to General Lee, amounted 
to 13,000, of whom 1,581 were killed, 
8,700 wounded, and nearly 3,000 prison- 
ers. Hooker's loss was 17,197, of whom 
5,000 were unwounded prisoners. He 
had lost, also, 14 pieces of artillery and 
20,000 stand of arms. 

"It will be remembered that it was 
Hooker's intention that the cavalry I 
of his army should play an important 
part in this campaign. We mentioned 
in the earlier portion of this chapter that 
the entire cavalry force of the army of 



724 



HISTORY OF THE UNITED STATES. 



Book II., c. 32 



the Potomac had been organized in four 
divisions, making one distinct and sepa- 
rate corps, under the command of Gen- 
eral Stoneman. His four division offi- 
cers were Plcasanton, Buford, Averill 
and Gregg. The corps numbered from 
10,000 to 13,000 sabres. Neither at 
Chancellorsville nor at Fredericksburg 
nor at Salem have we seen much of this 
branch of Hooker's army. Some ac- 
count of the operations of this corps is 
necessary, to complete the story of the 
Chancellorsville campaign. 

"As early as the 12th of April, Stone- 
man went forth on his expedition, the 
principal object of which was to destroy 
the railroads, bridges, and other means 
of communication in Lee's rear, and so 
cut him off from Richmond He rode 
up the Rappahannock, and attempted to 
effect a crossing. On the 14th he had 
succeeded in throwing over one divis- 
ion; but a violent storm coming on, 
and the low grounds becoming flooded, 
the division was recalled, the horses 
taking to the water, and bravely swim- 
ming to the opposite bank. As the 
weather did not improve, and the upper 
Rappahannock was still flooded, Stone- 
man remained inactive until the general 
advance movement of the whole army 
was commenced on the 27th. On the 
28th he crossed the Rappahannock at 
Kelley's Ford, at the same time with the 
main body. On the following day, he 
crossed at Morton's Ford and at Racoon 
Ford. In the meantime, by order of 
General Hooker, Stoneman had divided 
his troops into two columns. One col- 
umn, which consisted of about 4,000 
men, under General Averill, was ordered 
to move on the Orange and Alexandria 
railroad; the main body, under Stoneman 
in person, being charged with the destruc- 
tion of theRichmond and Fredericksburg 



railroad. Averill encountered a cavalry 
force, under W. H. F. Lee, on the 1st of 
May, near Rapidan Station. Lee, after 
burning the bridge over the river, retired 
to Gordonsville. Averill moved to the 
north along the railroad as far as Cul- 
pepper, dispersing some Confederate 
troop* who were there assembled, and de- 
stroying a large quantity of the enemy's 
stores. On the 2d, he was recalled, and 
ordered to join Hooker at Chancellors- 
ville. At 10.30 that night he reached 
Ely's Ford. Later the same night he 
was surprised by the Confederate 
cavalry; and it is more than probable 
that he would have suffered severely, 
had it not been that the fall of Jackson 
and the accident which befell Hill al- 
most immediately afterwards, compelled 
Stuart to return with all haste, and take 
command of the Confederate troops 
near Chancellorsville. finding it diffi- 
cult, or, as he thought, impossible, from 
the character of the country, to operate 
cavalry on the Confederate left, he re- 
mained inactive in camp, taking no part 
in the engagements of Sunday, the 3d 
of May. Hooker, on account of this, 
displaced him, and turned over his 
command to General Pleasanton. 

" It was the 3d of May before Stone- 
man reached Louisa Court-Housc, and 
before the important line of communica- 
tion by the Richmond and Fredericks- 
burg railroad was struck-. The troops 
were divided into six bodies, and, hav- 
ing received special instructions, were 
sent out in all directions. Colonel 
Wyndham, with his party, proceeded 
to Columbia, on the James river. Here 
the river is crossed by the Lynchburg 
and Richmond canal. An attempt was 
made to destroy the aqueduct. It was 
not successful ; but the canal was greatly 
damaged, and much public property 




PORTRAITS OF FEDERAL CAVALRY COMMANDERS. 



(72.S) 



726 



HISTOR\ OF THE UNITED STATES. 



Book II., c. 82 



destroyed. Fitz-Lee, hearing of what 
was being done in that direction, made 
a rush towards Columbia. Wyndham re- 
tired down the river, and then, changing 
his course, rejoined Stoneman at Thomp- 
son's Cross-Roads at ten o'clock the same 
night. Colonel Kilpatrick, who was 
ordered to move in the direction of the 
Chickahominy, having travelled all day 
and all night Sunday, reached Hungary 
Station, on the Fredericksburg railroad, 
at daylight on Monday. At this point, 
he destroyed the depots and tore up the 
railroads. Crossing to Brook Turnpike, 
he advanced to within two miles of Rich- 
mond. He then moved to Meadow 
Bridge, where the Central railroad 
crosses the Chickahominy. Having de- 
stroyed this bridge, and an engine which 
he intercepted, he crossed the Pamun- 
key at Harristown, to avoid pursuit. 
On the 7th, after having crossed the 
Mattapony, and having raided through 
Essex and the neighboring counties, he 
reached Gloucester Point, having encoun- 
tered by the way but little opposition. 
Colonel Davis, who was sent down the 
South Anna, struck the Fredericksburg 
railroad at Ashland on Sunday evening. 
He first captured an ambulance, filled 
with the wounded from Chancellorsville. 
Having destroyed the engines and torn 
up a portion of the railroad, he pushed 
on towards Hanover Court-House, on 
the Central railroad. Here he burned 
the depot and tore up the rails. At Tun- 
stall's, near the White House, he en- 
countered a small body of infantry, with 
some artillery, and fell back upon 
Gloucester Point, reaching it without 
much further difficulty. Colonel Gregg 
destroyed the bridge across the South 
Anna, on the road from Columbia to 
Spottsylvania; thence he moved east, 
and destroyed the road to Beaver Dam 



Station. On Tuesday, the 5th, the 
whole command, except Davis and Kil- 
patrick, was concentrated at Yancey- 
ville, on the South Anna; and, on the 
evening of that day, the retrograde 
movement commenced. On the 8th 
the whole force recrossed Kelley's Ford, 
on the Rappahannock. 

" This raid must be pronounced a fail- 
ure. No doubt it did much damage to 
Confederate property ; and it must have 
struck terror into the hearts of the peace- 
ful inhabitants. But it failed of its ob- 
ject. It did not seriously interfere with 
General Lee's operations. It did not 
affect his commissariat to any appreciable 
extent. It did not cut him off for any 
length of time from his communications 
with Richmond ; for in three or four 
days the railroad was repaired and in 
excellent running order, and navigation 
on the canal was resumed. This was 
all that was accomplished by that splen- 
did army of mounted troops — in appear- 
ance one of the most magnificent bodies 
of cavalry that ever went forth to battle. 
Employed as they were, they contributed 
nothing towards the possible success of 
the campaign ; they won no glory, for 
they found no foe ; and, when General 
Hooker most needed them, they were 
not available. 

"On Wednesday, the 6th of May, the 
army of the Potomac — with the excep- 
tion of the cavalry, which, as we have 
seen, did not cross the river till two days 
later — resumed its old quarters at Fal- 
mouth. On that day — and with a bad 
taste which was only in keeping with his 
blundering conduct since the moment 
he first felt the enemy, in the advance 
towards the open ground in the rear of 
the heights at Fredericksburg — Hooker 
issued the following address to his 
arm)- : 






THE ADMINISTRATION OF LINCOLN. 



72/ 



" ' Headquarters Army of the Potomac, 
"'May 6, 1863. 

" ' The major-general commanding ten- 
ders to this army his congratulations on 
its achievements of the last seven days. 
If it has not accomplished all that was 
expected, the reasons are well known to 
the army. It is sufficient to say they 
were of a character not to be foreseen 
or prevented by human sagacity or re- 
source. 

" ' In withdrawing from the south bank 
of the Rappahannock, before delivering 
a general battle to our adversaries, the 
army has given renewed evidence of its 
confidence in itself, and its fidelity to the 
principles it represents. On fighting at 
a disadvantage, we would have been 
recreant to our trust, to ourselves, our 
cause, and our country. Profoundly 
loyal, and conscious of its strength, the 
army of the Potomac will give or decline 
battle whenever its interest or honor 
may demand. It will also be the guar- 
dian of its own history and its own arm. 
By your celerity and secrecy of move- 
ment, our advance and passage of the 
rivers was undisputed ; and, on our 
withdrawal, not a rebel ventured to 
follow. 

" 'The events of last week may swell 
with pride the heart of every officer and 
soldier of this army. We have added 
new lustre to its former renown. We 
have made long marches, crossed rivers, 
surprised the enemy in his intrench- 
ments, and, wherever we have fought, 
have inflicted heavier blows than we 
have received. We have taken from the 
enemy 5,000 prisoners; 15 colors; cap- 
tured and brought off 7 pieces of artil- 
lery; placed hors de combat 18,000 of 
his chosen troops; destroyed his depots, 
filled with vast amounts of stores ; de- 
ranged his communications ; captured 



prisoners within the fortifications of his 
capital, and filled his country with fear 
and consternation. We have no other 
regret than that caused by the loss of 
our brave companions, and in this we 
are consoled by the conviction that they 
have fallen in the holiest cause ever sub- 
mitted to the arbitrament of battle. 
"'By command of 

" ' Major-General Hooker. 
"'S. Williams, 

" 'Assistant Adjutant-General.' 

"General Lee, who had certainly more 
reason to use boastful language, issued 
an address to his soldiers on the 7th ; 
but he writes with a dignity and modesty 
becoming the occasion. 

" ' Headquarters Army of Northern Virginia, 

" 'May 7, 1863. 

"'With heartfelt gratification, the gen- 
eral commanding expresses to the army 
his sense of the heroic conduct displayed 
by officers and men, during the arduous 
operations in which they have just been 
engaged. 

" ' Under trying vicissitudes of heat and 
storm, you attacked the enemy, strongly 
intrenched in the depths of a tangled 
wilderness, and again on the hills of 
Fredericksburg, fifteen miles distant, 
and, by the valor that has triumphed on 
so many fields, forced him once more to 
seek safety beyond the Rappahannock. 
While this glorious victory entitles you 
to the praise and gratitude of the nation, 
we are especially called upon to return 
our grateful thanks to the only Giver <»t 
victory, for the signal deliverance He 
has wrought. It is, therefore, earnestly 
recommended that the troops unite, on 
Sunday next, in ascribing to the Lord 
of Hosts the glory due His name. Let 
us not forget, in our rejoicing.-, the brave 
soldiers who have fallen in defence of 



HISTORY OF THE UNITED STATES. 



728 

their country ; and, while \vc mourn 
their loss, let us resolve to emulate their 
noble example. The army and the 
country alike lament the absence, for a 
time, of one to whose bravery, energy 
and skill they are so much indebted for 
success. 

"'The following letter from the Presi- 
dent of the Confederate States is com- 
municated to the army as an expression 
of his appreciation of its success : 

" I have received your despatch, and 
reverently unite with you in giving 
praise to God for the success with which 
I le has crowned our arms. 

" In the name of the people, I offer 
my cordial thanks to yourself, and the 
troops under your command, for this 
addition to the unprecedented series of 
great victories which your army has 
achieved. 

" The universal rejoicing produced by 
this happy result will be mingled with a 
general regret for the good and the 
brave who are numbered among the 
killed and wounded." 

"' R. E. Lee, General.' 

" On the 8th, the following despatch 
was sent by the Secretary of War to the 
governors of the Northern States : 

"'Washington, May 8, 1863. 
" • The President and general-in-chicf 
have just returned from the army of the 
Potomac. The principal operations of 
General Hooker failed, but there has 
been no serious disaster to the organiza- 
tion and efficiency of the army. It is 
now occupying its former position on 
the Rappahannock, having recrossed the 
river without any loss in the movement. 
Not more than one-third of General 
Hooker's force was engaged. General 
Stoncman's operations have been a bril- 



Book 11., c. :t2 



liant success. Part of his force advanced 
to within two miles of Richmond, and 
the enemy's communications have been 
cut in every direction. The army of the 
Potomac will speedily resume offensive 
operations. 

"'E. M. Stanton, 

" 'Secretary of War! 

" On the same day, President Lincoln 
issued the famous proclamation, an- 
nouncing his intention to enforce the 
law of enrolment and draft, which had 
been passed by Congress at its previous 
session. All able-bodied male citizens 
and persons of foreign birth, who, al- 
though not yet citizens, had declared 
their intention to become such, were 
proclaimed to constitute the National 
forces, and to be liable to perform mili- 
tary duty in the service of the United 
States, when called out by the President 
for that purpose. It was evident that, 
if the Confederates had acquired fresh 
courage and fresh hope from this latest 
triumph, that the government at Wash- 
ington had become more resolved than 
ever to put down the rebellion and to 
restore the Union. The spirit which 
prevailed at Washington was the same 
spirit which, except among certain classes 
who had never been in favor of the war, 
pervaded and animated the whole people. 

" Such, then, is the story of the great 
but, to the National forces, disastrous 
battle of Chancellorsville — a battle in 
which, as has been well said, 'the rank 
and file had been foiled without being 
fought, and caused to retreat without 
the consciousness of having been beaten.' 
After the battle, General Hooker's rep- 
utation suffered an eclipse from which 
it has not yet fully recovered." * 



*" General George Hiram Berry. — This brave 

and talented officer was killed, as has been men- 



THE ADMINISTRATION OF LINCOLN. 



729 



While the two great armies were 
thus confronting each other on opposite 
hanks of the Rappahannock in Virginia, 
the utter failure at Washington thus far 
to carry out their contemplated cam- 
paign caused uneasiness and dissatisfac- 
tion in the popular mind at the North. 
Even the new organized war party 
instigated by the seven governors at 
Altoona, Pennsylvania, with the avowed 
object not of preserving the Union 
under the Constitution, but for the utter 
abolition of slavery in the Southern 
States, became evidently despondent, in 
view of the situation. 

The opposers of Mr. Lincoln's policy 
had carried the New York State elec- 
tions, notwithstanding a most vituperative 
denunciation, and tyrannical acts in im- 
prisoning those whose only offence was 
the freedom of speech in arraigning for 
censure what they thought to be wrong. 
Greater liberty of speech was allowed 
than had been during the two previous 
years. The " Old Guard," a publication 
by C. Chauncey Burr, of the Jefferson 
school of politics, in New York, was 



tioned in the text, during the second day's fighting at 
("hancellorsville. It was his division, formerly 
1 looker's own, which, on the first day, saved the 
National army from destruction. The situation was 
already desperate when Hooker ordered forward this 
choice division. 'Go in, general,' said Hooker; 
' throw your men into the breach ; don't fire a shot — 
they can't see you — but charge home with the bayo- 
net.' Never was a charge more nobly made or more 
gallantly sustained. For three hours, almost albne, 
this division resisted, and even repelled, the fierce 
onslaughts of the already triumphant enemy. On 
the ground which he had won, Berry resumed the 
battle early the following morning. Determined to 
drive the Confederates back, he thrust his brigades 
forward, making several successful charges. In one 
of these, while at the head of his men, and cheering 
them on, he was instantly killed. Berry was a 
native of Rockland, Maine, where he was born on 
the 27th of August, 1824. Bred a carpenter, he 
subsequently devoted himsell to navigation. Later, 



now permitted, without molestation, to 
make its appearance in unqualified de- 
nunciation of the principles and pur- 
poses of the centralists, or war party. 
At a public meeting in the city of 
New York, resolutions for peace were 
adopted. In Philadelphia a peace con- 
vention had been called. Vallandigham, 
the ablest member of the Democratic 
party, after the death of Douglas, at the 
North, had been nominated for the gov- 
ernorship of Ohio, with good prospect 
of success. He was the leader in the 
lower House of Congress, against the 
acts of the administration; openly .md 
avowedly against law, in the conduct 
of the war in the subjugation of the 
Southern States. It is true the pros- 
pect of this tribune of the people be- 
coming governor of the giant State of 
the West was more than the powers at 
Washington could bear. 

He had been seized and exiled by mili- 
tary orders, but that only tended to in- 
crease the rising popular enthusiasm in 
his favor. This, then, was the existing 



he cultivated a taste for military affairs, and was the 
originator of the Rockland Guard — a volunteer com- 
pany which, before the war, had attained a high 
state of efficiency. He was several times elected to 
the State legislature by his fellow-townsmen, and Mas 
once mayor of Rockland. When the war broke out, 
he entered the volunteer service as colonel of the 
Fourth Maine regiment. He fought at Bull Run. 
He was raised to the rank of brigadier-general in 
April, 1862. He was in the peninsula with Md 'let- 
Ian, and, as commander of the Third brigade of the 
Third division, of Heintzelman's corps, took pari in 
most of the engagements. He followed the fortunes 
of Pope in Virginia, and those of Burnside .it Fred- 
ericksburg. At the latter battle, he greatly distin- 
guished himself. In March, 1863, his nomination 
as major-general of volunteers was confirmed by the 
Senate ; and he was placed in command of the Second 
division of the Third army corps, then under Sickles. 
In this capacity he fought at Chancellorsville. Berry 
was greatly lamented by the army and by the n ition 
at large." 



■ 73 o 



HISTORY OF THE UNITED STATES. 



Book II., c. 32 



military as well as the political statu-; of 
public affairs on the 12th of June, 1863, 
when Mr. Stephens, the Vice-President 
of the Confederate States, then at his 
home in Georgia, Congress not being 
in session, addressed a letter to Mr. Davis, 
which will be presented below; a day or 
two before he had seen what purported 
to be a letter from General David Hunter, 
then commanding United States land 
forces in South Carolina, addressed to 
Mr. Davis, which appeared to Mr. Ste- 
phens to be of an extraordinary character, 
and might lead, if correctly reported, 
to the most deplorable consequences. 
There had been no exchange of prisoners 
since the Federals had broken the cartel 
made the year before by Generals Cobb 
and Wool. In the letter of General 
1 lunter to Mr. Davis, he used the follow- 
ing language : " In the month of August 
last you declared all those engaged in arm- 
ing the negroes to fight for the country 
to be felons, and directed the immediate 
execution of all such as were captured. 
* * I now give you notice that, 
unless this order is immediately revoked, 
I will at once cause an execution of 
every rebel officer, and every rebel 
slaveholder, in my possession." 

On reading this letter, apprehending 

the approach of a horrible state of things, 

Mr. Stephens addressed Mr. Davis, as 

1 ; after the usual superscription, his 

letter was in these words: 

" Dear Sir: — I have just seen what 
purports to be a letter addressed to you, 
by Major-General D. Hunter, command- 
ing the Federal forces at Port Royal, 
S. C, bearing date the 23d of April last. 
Of the extraordinary character of this 
paper, its tone, temper, and import, 
whether genuine or not, it is not my 
purpose to speak. It may be a forgery.* 

* It was genuine. 



All I know of it is from its publication 
as we have it in our newspapers. But it 
has occurred to me if it be genuine, this, 
together with other matters of contro- 
versy I see likewise in the papers, in il- 
lation to the future exchange of certain 
classes of prisoners of war, may neces- 
sarily lead to a further conference with 
the authorities at Washington, upon the 
whole subject. In that event 1 wish to 
say to you briefly, that if you think mv 
services in such a mission would be of 
any avail, in effecting a correct under- 
standing and agreement between the two 
governments, upon those questions in- 
volving such serious consequences, they 
are at your command. 

" You will remember while we were at 
Montgomery, when the first commis- 
sioners were sent to Washington with a 
view to settle and adjust all matters of 
difference between us and the United 
States, without a resort to arms, you de- 
sired me to be one of those clothed 
with this high and responsible trust. I 
then declined, because I saw no prospect 
of success — did not think, upon a survey 
of the whole field, that I could effect any- 
thing good or useful in any effort I could 
then make on that line. You will allow me 
now to say, that at this time, I think pos- 
sibly I might be able to do some good — 
not only on the immediate subject in 
hand; but were I in conference with the 
authorities at Washington on any point 
in relation to the conduct of the war, I 
am not without hopes, that indirectly, I 
could now turn attention to a general 
adjustment, upon such basis as might 
ultimately be acceptable to both parties, 
and stop the further effusion of blood in 
a contest so irrational, unchristian, and 
so inconsistent with all recognized Amer- 
ican principles. 

" The undertaking. I know, would be a 






THE ADMINISTRATION OF LINCOLN. 



73* 



great one. Its magnitude and responsi- 
bility I fully realize. I might signally 
fail. This I also fully comprehend ; but 
still, be assured, I am not without some 
hopes of success ; and whenever or 
wherever I see any prospect of the possi- 
bility of being useful or of doing good, 
I am prepared for any risk, any hazards, 
and all responsibilities commensurate 
with the object. Of course, I entertain 
but one idea of the basis of final settle- 
ment or adjustment ; that is, the recog- 
nition of the sovereignty of the States, 
and the right of each in its sovereign 
capacity to determine its own destiny. 
This principle lies at the foundation of 
the American system. It was what was 
achieved in the first war of independ- 
ence, and must be vindicated in the 
second. The full recognition of this 
principle covers all that is really involved 
in the present issue. That the Federal 
government is yet ripe for such acknowl- 
edgment, I, by no means, believe ; but 
that the time has come for a proper pre- 
sentation of the question to the authori- 
ties at Washington, I do believe. Such 
presentation as can only be made in a 
diplomatic way. While, therefore, a 
mission might be despatched on a minor 
point, the greater one could possibly, 
•with prudence, discretion, and skill, be 
opened to view and brought in discus- 
sion, in a way that would lead eventually 
to successful results. This would de- 
pend upon many circumstances, but no 
little upon the character and efficiency 
of the agent. It so occurs to me, and 
so feeling, I have been prompted to 
address you these lines. My object is, 
solely, to inform you, that I am ready 
and willing to undertake such a mission, 
with a view to such ulterior ends, if any 
fit opportunity offers in the present state 
of our affairs in relation to the exchange 



of prisoners, or any other matter of con- 
troversy growing out of the conduct of 
the war; and if also, you should be of 
opinion that I could be useful in such 
position. I am at your service, heart 
and soul, at any post you may assign 
me, where I see any prospect of aiding, 
assisting or advancing the great cause 
we are engaged in, and of securing with 
its success the blessings of permanent 
peace, prosperity and constitutional 
liberty. 

" Should the present position of affairs, 
in your opinion, be suitable, of which I 
am not so well informed as you are, and 
this suggestion so far meet your approval 
as to cause you to wish to advise further 
with me on the subject, you have but to 
let me know — otherwise no reply is 
necessary, and none will be expected. 

" With best wishes for you person- 
ally, and our common country in this 
day of her trial, I remain yours, etc., 
"Alexander H. Stephens." 

From this very clearly appear the 
nature and objects of the proposed mis- 
sion, and the line of policy therein in- 
dicated. It did not contemplate any 
direct offer or overture on the subject of 
peace as has been represented. Mr. 
Lincoln, it is well known, would receive 
no one commissioned on such an errand, 
and it was considered doubtful whether 
he would hold a renewed conferen 
a special commissioner, even on the 
matter of the exchange of prisoners. 
But if Mr. Lincoln could be prevailed 
on to agree to such a conference, in view 
of the character of General Hunter's 
announcement, and the horrors that might 
result, then the object was, besid 
fecting if possible the general ameliora- 
, tion of prisoners, and the mitigation <»t 
the cruelties of war on both side-, t<> u>e 



732 



HISTORY OF -THE UNITED STATES. 



!■ k II, c. 32 



the occasion for effecting also, if possi- 
ble, the other ulterior results which 
might open tJic way for future negotia- 
tions that might eventually lead to ulti- 
mate peace and harmony. In the ac- 
complishment of these ulterior ends, 
the idea was not so much to act upon 
Mr. Lincoln, and the then ruling author- 
ities at Washington, as through them, 
when the correspondence should be 
published, upon the general mass of 
people in the Northern States, who were 
becoming sensitively alive to the great 
danger of their own liberties.* It is 
believed that, in a conference of this 
character, such a course could be pur- 
sued in the discussion of the questions 
directly in hand as to deeply impress 
the growing constitutional parties at 
the North with a full realization of 
the true nature and ultimate tendencies 
of the war, and to show all who were 
anxiously inquiring what was to be 
their condition, in case the Southern 
States should be subjugated, that the 
surest way to maintain their liberties 
was to allow the people of the Southern 
States to enjoy theirs — that the surest 
way to preserve self-government at the 
North was not to allow it to be overthrown 
at the South. The line of policy indi- 
cated depended greatly upon the military 
status of affairs at the time, as well as 
the tone and temper of the public mind 
at the North, after the disastrous result, 
which had attended the last gigantic 
effort of" the finest army on the planet." 
The result of wars generally depends 
quite as much upon diplomacy as upon 
arms — upon the proper use of the pen 
as of the sword. There is a time for 
each. It is a matter of the utmost im- 
portance to know when and how to use 
both. The Confederate armies, officers 

* See Judi;e Curtis' address, published in Boston. 



and men, for two years and upwards had 
nobly and gloriously performed their 
part. With less than five hundred thou- 
sand in all from the beginning up to this 
time, they had brought the enemy, num- 
bering more than a million, during the 
same period almost to a stand-still. Gen- 
eral Grant, it is true, was still " pegging 
away," in his slow approaches upon 
Vicksburg, but on no other line were 
any active movements being made. It 
seemed therefore to Mr. Stephens that 
the time had now come, in view of the 
situation, both politically at the North, 
and militarily on both sides, as matters 
stood in the early part of June, 1863, for 
the civil authorities to essay something 
in their department, and on the line 
indicated in his letter to the President. 

This letter was responded to by tele- 
gram on the 1 8th or 19th of June. This 
was received on the 19th. The response 
was for Mr. Stephens to go on imme- 
diately to Richmond. This he did. On 
reaching there on the 22d or 23d, he 
found an entire change in the military 
aspect of affairs, from his understanding 
of it on the I2th of June, when his letter 
was penned, and with a special view to 
which the line of policy therein set forth 
was suggested. Lee was no longer rest- 
ing quietly on the Rappahannock. Mr. 
Stephens knew nothing of the contem- 
plated movement into Pennsylvania. 
On the 23d, in an interview with Mr. 
Seddon, Secretary of War, he was in- 
formed that a portion of the Confederate 
army was already across the Potomac, 
on an invasion of Pennsylvania. He 
was also then informed by him, greatly 
to his surprise, that Grant was pressing 
Pcmberton closely at Vicksburg, and 
that the surrender of that place was 
inevitable. It was only a question of 
time. There was no hope of raising the 



THE ADMINISTRATION OE LINCOLN 



73: 



siege or giving succor, and that the post 
could not be held longer than the sup- 
plies on hand would last. These were 
thought to be sufficient for some weeks 
to come. This was the first intimation 
Mr. Stephens had of any serious appre- 
hensions of any such final result as to 
Vicksburg. 

He also had an interview with the 
President (Mr. Davis"), as soon as it could 



that line. The movement of the Confed- 
erate army into Pennsylvania would 
greatly excite the war spirit and 
strengthen the war party — effects di- 
rectly opposite to those which he had 
hoped to produce, while Lee was re- 
maining quiet after his recent vict 
and with the then state of feeling at the 
North. He stated that it was a question 
of doubt with him, when his offer was 




VICKSBURG, MISSISSIPPI . 



be obtained. They talked freely over 
the subject of his letter, as well as the 
then position of affairs in the military 
view. Mr. Stephens explained to him 
more fully than he had done in the letter 
the ulterior objects he had hopes of 
effecting when it was written ; but stated 
that the change in the military aspect, 
since the letter was written, had entirely 
changed his views as to the propriety or 
policy of then undertaking anything on 



made, whether he would be received by 
Mr. Lincoln in the character of such 
commissioner as was proposed, but he 
now considered it almost certain that any 
application of the sort would be rej< 
under existing circumstances ; and his 
judgment, in consequence of the changes 
referred to, was as decidedly against the 
policy of making the proposal then, as 
it was in favor of it when the letter wa> 
written. 



734 



HISTORY OF THE UNITED STATES. 



Book II., c. 32 



Mr. Davis agreed entirely in the 
doubts expressed by him as to his recep- 
tion by the Washington authorities to 
confer or to enter into any agreement 
upon the subjects proposed; but was 
very decided in the opinion that the 
probabilities of the reception were rather 
increased than lessened by the present 
position of General Lee's army. He 
thought Mr. Lincoln would more likely 
receive such commissioner if General 
Lee's army was actually threatening 
Washington City, than if he was lying 
quietly south of the Rappahannock. In 
this view Mr. Stephens could not concur, 
and gave it as his opinion that the pro- 
posed mission had better be postponed. 
Mr. Davis suggested a cabinet consulta- 
tion upon the subject, and requested Mr. 
Stephens to attend it. This consultation 
was held the same day. Every one of 
the cabinet, while expressing doubts as 
to the reception, was very decided in 
the opinion expressed by the President, 
that the prospect of success was increased 
by the position and projected movements 
of General Lee's army. They all thought 
the existing state of affairs, militarily, 
both in the East and West, rendered the 
occasion most opportune for making the 
effort for the conference suggested. 

They were all indulging in the most 
hopeful expectations of the results of 
General Lee's campaign coming in aid 
of their views. Indeed, their ideas in 
the matter evidently sprung from these 
sanguine expectations. Mr. Seddon was 
particularly anxious that there should be 
no postponement or delay in the busi- 
ness, but that whatever could be done, if 
anything, in the matter of prisoners, 
should be done before the fall of Vicks- 
burg with its garrison of something over 
30,000 men. Urged in this way, Mr. 
Stephens' views were yielded to theirs, 



and he assumed the mission and under- 
took to do what he could in the matter 
of prisoners, and the conduct of the war, 
when it was thought there was a proba- 
bility as well as a possibility of his being 
able to effect something on these impor- 
tant subjects; though Mr. Stephens stated 
to the President and the cabinet that he 
never would have made the offer he did 
under such circumstances as he found 
existing on his arrival at Richmond. 
The mission undertaken, therefore, was 
not the one proposed by him, nor was it, 
as undertaken, in any sense, an attempt 
to offer terms of negotiation for peace.* 

At first, the arrangement was for him 
to proceed by land in the route taken by 
General Lee's army, and communicate 
with the Washington authorities from 
his headquarters. Excessive rains, bad- 
ness of roads, and tardiness of travelling 
in consequence, caused a change in this 
arrangement. A small tug-steamer was 
put in readiness by orders of Mr. Mal- 
lory, of the Navy 'Department, and Mr. 
Stephens, with Mr. Robert Ould, the 
distinguished agent for the exchange oi 
prisoners on the Confederate side, a 
gentleman of high accomplishments and 
attainments, who had been appointed 
secretary to the commission, set out in 
this way directly for Washington City, 
if they should be permitted to pass the 
Federal lines at Fortress Monroe. 

The sequel is known. The great 
battles of Gettysburg were fought before 
they reached Newport News. Their 
arrival at that point and proposal were 
telegraphed to Washington by Acting 
Rear Admiral S. P. Lee, of the United 
States navy, commanding the blockade 
squadron at that point. They were 
detained two days while the proposition 
for the conference was held under con- 



•* The commission will be seen in A] pendix !''_• 



THE ADMINISTRATION OF LINCOLN. 



735 



sideration at Washington. In the 
meantime Vicksburg was surrendered 
by General Pemberton, on the 4th day 
of July — earlier than was expected. 
The reply from Washington then came, 
that no special commissioner, on the 
subjects embraced in the proposed con- 
ference, would be received. 

This is an accurate history of the whole 



" There is a tide in the affairs of men 
Which, taken at the flood, leads on to fortune; 
Omitted, all the voyage of their life 
Is bound in shallows and in miseries." 

At the time these events were tran- 
spiring Mr. Stephens thought if General 
Lee had remained quietly on the defen- 
sive, south of the Rappahannock, if all 
the forces he had collected, over and 




FORTIFICATIONS IN AND AROUND WASHINGTON CITY. 



matter. Whether the views of Mr. 
Stephens, or those of Mr. Davis, were 
the better is not now a subject of inquiry, 
or one upon which judgment is sought 
to be passed. In the retrospect, however, 
the author may be excused for saying 
that it appears to him now, as it did 
then, that this was one of the turning 
points in the fate of the Confederate 
cause : 



above what were necessary to hold his 
position there, had been sent in aid of 
General Joe Johnston in raising Grant's 
siege of Vicksburg, instead of making the 
movement into Pennsylvania; if the cav- 
alry excursions of General John Morgan 
into Ohio about the same time had not 
taken place, which could have no effect 
so sure as that of arousing the war spirit 
in that and other Northern States, then 




1736) 



THE ADMINISTRATION OF LINCOLN. 



737 



drooping and pining, that it would have 
been greatly better for the Confederate 
cause; and in that state of things Mr. 
Stephens thought that the conference 
suggested would most probably have 
been agreed to, and also that the results 
looked to in its projection would also 
most probably have eventually ensued. 
This was but one view of the subject — 
on the other hand, if Mr. Davis' expecta- 
tions of General Lee's operations in 
Pennsylvania had been realized ; if the 
Federal armies who took Hooker's 
place on his being removed had been 
defeated at Gettysburg, and that had 
not been a drawn battle, as it was ; if 
Washington City had actually been put 
in imminent danger by the approach of 
the victorious Confederates, then perhaps 
Mr. Lincoln might have been most un- 
willingly brought to entertain a proposi- 
tion to treat not only on the exchange 
of prisoners, but upon terms of peace, as 
Mr. Davis hopefully expected, notwith- 
standing the fall of Vicksburg. Upon 
these questions the world must form its 
own judgment. 

We turn now to the operations going 
on meantime in the West. Grant com- 
menced his movements first against 
Vicksburg. This was early in the year. 
During February and March he tried 
unsuccessfully several lines of approach 
to the coveted stronghold : first by way 
of Holly Springs ; then by Chickasaw 
Bayou; then by Williams' Canal; then 
by Lake Providence ; then by Yazoo 
Pass ; then by Steele's Bayou ; then by 
Milliken's Bend, and New Carthage Cut- 
off; and finally adopted the plan of 
sending his army down the west side of 
the Mississippi to Grand Gulf, some 
distance below, and boldly running his 
transports past the Vicksburg batteries 
down to the same point, where his army 
47 



would cross the river, and, coming up 
from below, attack Vicksburg in the 
rear. 

In this enterprise, which was under- 
taken against the judgment of a council 
of war, he succeeded, and made one of 
the most brilliant military exploits dur- 
ing the war, not excepting Joe John- 
ston's movements by which he effected 
a junction with Beauregard's forces at 
the first battle of Manassas. His trans- 
ports passed the batteries on the night 
of the 22d of April. From Grand Gulf 
he moved up towards Vicksburg, and 
after several engagements — at Port 




GENERAL JOHN C. PEMBERTON. 

Gibson, Raymond, Jackson, PLdwarcFs 
Depot, and at the Big Black — and after 
being joined by Sherman with his forces 
from Haines' 'Bluff, he laid a regular 
sie^e to Vicksburg, held by the Con- 
federates under General Peniberton with 
a force of about 30,000. Grant's whole 
army now, on water and land, amounted 
to not less than 150,000. The siege 
lasted for months. Meantime, while 
these events were occurring in the V 
we turn again to what was going on in 
the East. First, it is proper to note 
that the people in forty-eight counties 
of western and northern Virginia, who 
sided with the Federals, and had formed 



738 



HISTORY OF THE UNITED STATES. 



Book II., c. 31 



a provisional government for that por- 
tion of the State, were admitted into the 
Federal Union as a separate State, on the 
20th of April. This was consummated 
by a proclamation, issued on that day 
by President Lincoln. But the business 
we have in hand at present relates mainly 
to events of a military character. With 
these we proceed. 

Early in June, Lee, feeling strong 
enough, with his army increased to 
near 8o,000, to undertake a Confed- 
erate aggressive movement, set out 
on an invasion of Pennsylvania. En 
route he recovered Winchester from Mil- 
roy, and Martinsburg, occupied by the 
Federals. At these places he captured 
thirty-four large guns, many small arms, 
and upwards of 5,000 prisoners. He 
crossed the Potomac at Shepherdstown 
and Williamsburg. Hooker followed 
him. Several cavalry engagements 
ensued without any important results. 
Lee himself crossed the Potomac on the 
25th of June. Hooker was superseded 
on the 27th of June, and succeeded 
by General George G. Meade as the 
commander of the Federal army. The 
object of Lee's movement seems to have 
been, first, to obtain subsistence for his 
troops; and, secondly, to relieve Pember- 
ton in Vicksburg by drawing off large 
numbers of the besieging forces to arrest 
his progress. Advanced detachments 
of his army reached and took York 
and Carlisle in Pennsylvania. Meade 
hastened with an immense army, now 
collected by the Federals, not less than 
100,000, to repel the invasion. The two 
armies encountered each other on the 
1st of July, 1863, near Gettysburg. 
Here were fought the great battles 
xvhich take the name of that place. The 
Federals held an exceedingly strong 
position well selected for defence. This 



the Confederates attacked with great 
valor and fury on the 2d, but were re- 
pulsed with heavy loss. They renewed 
the attack with equal spirit and energy 
on the 3d; but were again compelled to 
retire, after immense slaughter. Meade 
held the field and won the day. The 
Federal loss was about 25,000; that 
of the Confederates was, in killed, 
wounded, and missing, not less than 
30,000 — a loss which they were ill able 
to repair. Lee returned to Virginia, 
and took position on the south side of 
the Rapidan. Meade followed him. 
Several encounters took place between 
detachments of the two armies — one at 
Centreville, one at Bristow Station, one 
at Mine Run, at different times during 
the fall; but no general engagement 
between these two armies occurred again 
in this year. 

Of Lee's campaign into Pennsylvania, 
and of the results of the battles at 
Gettysburg, McCabe has thus chronicled 
events : 

"On the 3d of June, 1863, he began 
his forward movement, and marching 
through the valley of Virginia, captured 
Winchester, which was held by General 
Milroy's command, on the 14th, taking 
4,000 prisoners, and twenty-nine pieces 
of cannon. On the 22d of June the 
Potomac was crossed at Williamsport, 
and the Confederate army moved 
towards Hagerstown, Maryland. General 
Hooker had followed Lee from the 
Rappahannock, and had manoeuvred his 
army so as to interpose it between the 
Confederates and Washington. On the 
23d the advanced corps of Lee's army 
under General Fwell occupied Cham- 
bersburg, Pennsylvania, and on the 25th 
and 26th General Hooker crossed the 
Potomac at Edward's Ferry, and marched 
to Frederick, Maryland. He was 



THE ADMINISTRATION OF LINCOLN. 



739 



anxious to withdraw the garrison of 
Harper's Ferry, which had retired from 
that place to the Maryland Heights, 
opposite the town, but the War Depart- 
ment refused to allow him to do so. 
Hooker thereupon relinquished the com- 
mand of the army, and was succeeded 
by Major-General George G. Meade, 
senior corps commander, and a soldier 
of genuine ability. General Lee now 
moved his army east of the mountains, 
and directed his advance towards Gettys- 
burg. In ignorance of his adversary's 
design, General Meade hastened forward 
to occupy the same point. 

" The invasion of Pennsylvania by the 
Confederate army aroused the most 
intense excitement in the North. Presi- 
dent Lincoln called out 100,000 militia 
to serve for six months, unless sooner 
discharged, and as far north as New 
York preparations were made to receive 
the Confederate army with a stubborn 
resistance should it succeed in penetrat- 
ing so far. Every effort was made to 
raise troops and forward them to General 
Meade in time to be of service to him. 

"On the morning of the 1st of July 
the left wing of the army of the 
Potomac under General Reynolds and 
the advance corps of Lee's army under 
Generals A. P. Hill and Ewell en- 
countered each other at Gettysburg. 
General Reynolds was forced back and 
killed. General Hancock was at once 
sent by General Meade to assume the 
command of the left wing, and upon his 
arrival he at once recognized the im- 
portance of the position at Gettysburg, 
and occupied it. He was promptly 
reinforced by General Meade, and by the 
afternoon of the 2d of July the army of 
the Potomac was securely posted on the 
heights known as Cemetery Ridge. The 
Confederate army took position on the 



opposite hills known as Seminary Ridge. 
Between the two armies lay the battle- 
field on which the engagement of the 
1st of July was fought. ! leavy skirmish- 
ing prevailed throughout the day on the 
2d, the advantage being with the Con- 
federates. On the 3d of July General 
Lee made a general attack upon the 
Federal position on Cemetery Ridge, 
which, very strong by nature, had been 
rendered impregnable by intrench ments. 
His attack was made with determination, 
and was a splendid exhibition of Ameri- 
can courage, which won for his troops 
the generous admiration of their ad- 
versaries ; but it was unsuccessful. The 
grand charge of the Confederates was 
made in the afternoon, and was repulsed 
with terrible slaughter. Still Lee's 
position was so strong, and the morale 
of his army so unimpaired, that General 
Meade deemed it best to remain satisfied 
with his victory, and not to risk its fruits 
by an attack upon the Confederate lines. 
The victory was decisive. It put an end 
to the Confederate invasion. On the 
night of the 4th of July General Lee 
withdrew from Seminary Ridge and re- 
treated to the Potomac, which he crossed 
on the 13th and 14th without serious 
opposition from the Federal army. On 
the 15th Lee moved back to Win- 
chester. The Federal loss at Gettysburg 
was 23,000, and that of the Confederates 
about the same." 

With the object of presenting to the 
readers of this work an impartial history 
of these great events, we now give the 
Federal view as set forth by the same 
historian, Wilson, so copiously quoted 
from before : 

" The state of things which existed 
after the battle of Chancellorsville wa.- 
not unlike that which supervened upon 
the defeat of Pope, in August of the 



HISTORY OF THE UXITED STATES. 



74O 

previous year. Now, as then, it seemed 
as if fortune were smiling on the South, 
and as if a favorable opportunity had 
arisen for abandoning the defensive, and 
striking a final and decisive blow. The 
Confederate troops, were in excellent 
spirits; and General Lee was not to be 
blamed if he shared their feelings. In 
two great battles, although confronted 
by superior numbers, they had come off 
victorious, and inflicted terrible punish- 
ment on the National forces. If victory 
was so easily won on their own territory, 
might not simil ir success attend them on 
the territory of their enemy ? They had 
twice over repelled an invading army, 
which was supposed to be invincible: 
were they not justified in playing the 
part of invaders in turn? The morale 
of Lee's army could never again be 
higher. If, therefore, a bold and vigorous 
effort were not made now, the opportu- 
nity might be lost forever. It was well 
known to General Lee, and to the author- 
ities at Richmond, that Hooker's army 
had been largely reduced, because of the 
extensive out-mustering of short-term 
troops. Lee's army, on the other hand, 
had gained in strength. Longstrect had 
come up from the south of the James, 
where he had been operating at the time 
of the battle of Chancellorsville ; and a 
rigidly enforced conscription had brought 
up the total of the army to over 70,000 
men. The resources of arbitrary power 
had been exhausted to clothe, equip and 
otherwise put the army in a condition to 
undertake what some were sanguine 
enough to hope might prove a successful 
and final campaign. The army of 
Northern Virginia had never before been 
so well provided with all the essentials 
of war. It was, in the words of Long- 
street, ' in condition to undertake any- 
thing.' If there was deficiency anywhere, 



Book II., c. S3 



it was in the commissariat ; but this was 
the less an inconvenience that, in the 
rich granaries of Pennsylvania, which 
awaited their approach, there was enough 
and to spare. In addition to these va- 
rious reasons, which prompted the 
Southern leaders to immediate and 
vigorous action, there was unquestionably 
this other: there was the inspiring hope 
that a successful campaign in the free 
States of the North would take from 
foreign governments their last excuse for 
refusing to recognize the independence 
of the Confederation. By the end of 
May, Lee's army, reorganized into three 
separate army corps, commanded respec- 
tively by Longstrect, Hill, and Ewell, 
was ready to launch forth on what seemed 
a promising, but in reality, as the result 
proved, an ill-starred expedition. 

" The two armies, since the battle of 
Chancellorsville — the one paralyzed, and 
unable to strike, the other in seeming 
idleness, and apparently without plan or 
purpose — lay encamped on the opposite 
sides of the Rappahannock. Hooker 
was at Falmouth, his left extending 
several miles down the river. Lee, on 
the south and west of the river, occupied 
that line of impregnable earth-works 
which, from one extreme to the other, 
dotted the country for thirty miles. On 
neither side had any demonstration been 
made. Behind this mask of idleness, 
there was real activity in the Confederate 
ranks. Lee was busy perfecting his ar- 
rangements for his projected movement 
toward the North. Hooker was ignorant 
of the plans of his antagonist ; but he 
was watchful and not unprepared to act, 
as soon as the movements of the enemy 
should reveal his purpose. 

" It was now the 3d of June. On thai 
day, Lee began to move his troops, Mc- 
Laws' and Hood's divisions, of Long 



THE ADMINISTRATION OF LINCOLN. 



741 



street's corps, being pushed forward in 
the direction of Culpepper Court-House. 
On the 4th and 5th, Ewell's corps was 
marched in the same direction. In order 
to disguise his movement, and to keep 
the National commander off his guard, 
Lee left the corps of A. P. Hill to occupy 
the lines of Fredericksburg. It was not 
possible, however, that so gigantic a 
movement, as that which Lee contem- 
plated, could be conducted for any length 
of time in secrecy. Discovering signs 
of more than ordinary activity in the 
camp of the enemy, and suspecting its 
cause, Hooker sent instructions to Sedg- 
wick, on the 6th, to throw a portion of 
his troops across the Rappahannock at 
Franklin's Crossing, and make a close 
reconnoissance of the enemy's position. 
The reconnoissance was made accord- 
ingly. Hill held his position with such 
tenacity, and made such a display of 
strength, that Sedgwick and Hooker 
were, for the time, deceived. It was the 
conviction of both that, whatever might 
be Lee's immediate purpose, the Con- 
federate forces had not, as yet, in any very 
large numbers, been removed from their 
old encampments. 

" It soon became manifest, however, 
that Lee was bent on a movement to the 
North. On Tuesday, the 9th, General 
Pleasanton, taking with him two divis- 
ions of cavalry, under Buford and Gregg, 
with two picked brigades of infantry, 
under Russel and Ames, crossed the 
Rappahannock at Kelley's and Beverley's 
Fords, his intention being to move by 
converging roads on Culpepper. It was 
known that Stuart was already at Cul- 
pepper; and it was Hooker's expecta- 
tion that, by sending his whole cavalry 
corps forward, he might succeed in 
breaking up Stuart's camp. Stuart, 
meanwhile, had moved on from Cul- 



pepper to Brandy Station, his object 
being to form the advance, and to cover 
the flank of the main movement. Hav- 
ing crossed at Beverley's Ford, Buford 
came immediately into contact with a 
Confederate brigade, under General 
Jones. This brigade he drove back for 
a couple of miles, when he found himself 
checked by the brigades of W. H. F. 
Lee and Wade Hampton, who had come 
to the support of their companion in 
arms. At this point, some severe fight- 
ing ensued. Meanwhile, Gregg had 
crossed at Kelley's Ford ; and, having 
pushed on toward Brandy Station, he 
was about to fall with effect on Stuart's 
rear. Stuart was compelled to draw off 
from Buford's front, so as to face this 
new foe. Getting into position, Stuart 
fell with tremendous force upon Gregg. 
A spirited contest at once took place for 
the possession of the heights. For a 
time the battle raged with great fierce- 
ness. It was one of the very few genu- 
ine cavalry engagements during the 
whole war, and possessed additional 
interest from the fact that it was between 
the entire mounted force of both armies. 
Gregg carried the heights : but finding 
that the other column was not able to 
come up and form a junction with him, 
he fell back toward his right and rear, 
and united with Buford. Pleasanton 
then retired his whole command across 
the Rappahannock, but not until he had 
discovered, through captured corre- 
spondence, that Lee was present in force 
at Culpepper, and that the object of the 
Confederate leaders was the invasion of 
the North. In this engagement the loss 
on each side was about 600. Among 
the wounded on the Confederate side 
was W. H. F. Lee. 

" There was now no longer any doubt 
as to the intention of the enemy. His. 



742 



HISTORY OF THE UNITED STATES. 



Book II. C. 32 



object was invasion. It was still uncer- 
tain, however, whether Lee meant to 
move on Washington or to push his way 
into Maryland and Pennsylvania. It 
was known that the Confederates felt 
sore because of the raids of Grierson in 
Mississippi, and of Davis and Kilpatrick 
in Virginia; and threats had been made 
against both the States above named. 
At the same time, Washington would be 
a rich prize to the Confederates ; and it 
was not improbable that an attempt 
would be made to capture the National 
capital. Hooker's first move was to 
throw his army along the line of the 
Rappahannock, his right being advanced 
so as to cover the fords of that river. 
While Hooker was thus occupied, Lee 
had actually turned his right, and thrown 
the head of a column into the Shenan- 
doah valley. Hill was left in his old 
position at Fredericksburg; Longstrcet 
remained at Culpepper ; while Ewell, on 
the ioth, was pushed forward to the 
west and north. Striking the Blue 
Ridge, he moved along the eastern side 
of that range until he reached Chester's 
Gap. Passing through the gap, he 
crossed the Shenandoah at Front Royal. 
Bursting into the valley, he advanced 
by forced marches toward Winchester, 
at which place he arrived on the evening 
of the 13th, having accomplished the 
distance from Culpepper, some seventy 
miles, in three days. 

"While Ewell was making this rush 
towards Winchester, Hooker was still 
guarding the fords of the Rappahannock. 
It was not until the 13th that he was 
made aware of the march which his an- 
tagonist had stolen upon him. The in- 
telligence fell upon him like a thunder- 
bolt. Abandoning his camp on the 
Rappahannock, he fell back towards 
Washington, taking positions which 



would enable him, if necessary, to defend 
the capital, while at the same time he 
could watch the development of Lee's 
plan of operations. On the 15th and 
1 6th he had fallen back as far as Fair- 
fax and Manassas. Here, for sonic 
days, he remained. As soon as Hill, 
who had been left behind at Fredericks- 
burg, observed the disappearance of the 
Union army, he marched towards Cul- 
pepper, where Longstrcet still held po- 
sition. Jenkins, with his cavalry brigade, 
was ordered forward to Winchester to 
co-operate with Ewell. Imbodcn, with 
his troops, was sent out in the direction 
of Romney, his instructions being to 
cover Winchester, and to prevent rein- 
forcements arriving by the Baltimore and 
Ohio railroad. Ewell had detached 
Rodes' division to Berryville, with the 
view of cutting off communications be- 
tween Winchester and the Potomac. 
General Milroy, then in command at 
Winchester, had under him a force of 
7,000 men, with three pieces of field- 
artillery, and six siege-pieces in a fort. 
Milroy held out against the vigorous 
and persistent attacks of the rapidly in- 
creasing forces of the enemy during the 
13th and 14th, repelling some of the 
assaults with great spirit ; but, on the 
night of the 14th, discovering that the 
whole corps of Ewell and of Longstrcet 
were at hand, he attempted to retreat. 
It was too late. He was almost sur- 
rounded. Only a small portion of his 
troops managed to effect their escape, 
some finding their way to Harper's 
Ferry, and some to Pennsylvania. His 
losses were 4,000 taken prisoners, 29 
guns, 277 wagons, and 400 horses. 
General Milroy was severely taken to 
task by some for his conduct at Win- 
chester: he was vindicated by others. 
President Lincoln, pronouncing on the 



THE ADMINISTRATION OF LINCOLN. 



743 



evidence laid before him by the judge- 
advocate-general, declared that neither 
Milroy nor Schenck, his immediate su- 
perior, and between whom the blame 
must be divided, were seriously to blame, 
and that a court-martial was not neces- 
sary in the case. The mistake was in 
not abandoning the place at an earlier 
day. It is doubtful whether Milroy 
could have held out until succor reached 
him ; but certainly defeat and surrender 
could not have been more disastrous 
than was the retreat. 

" Berryville and Martinsburg, at the 
same time, yielded to the attacks of Gen- 
eral Rodes; and the garrison at Harper's 
Ferry withdrew to Maryland Heights. 
The valley was thus cleared of National 
troops. 

"Judged from a high military stand- 
point, General Hooker's line of action, 
after he was made aware of the surprise 
at Winchester, is open to severe criticism. 
It was clearly the duty required by the 
situation to interpose between Hill at 
Fredericksburg and Longstreet at Cul- 
pepper. A blow vigorously dealt ought 
to have resulted in the capture or 
destruction of Hill. Even if neither of 
these results followed, the presumption 
is that such a movement would have 
brought Lee back to the assistance of 
his lieutenant, and so made an end of 
the invasion. It is only just to Hooker 
to say that, if we are to judge from the 
• correspondence which took place be- 
tween him and Halleck and President 
Lincoln, a short time before Lee began 
his Northern movement, the course 
which Hooker did adopt was opposed 
to his own better judgment. The course 
which we have indicated as the right 
course to follow in the circumstances 
was the course which he actually sug- 
gested, in the event of Lee moving as he 



did. It was condemned by Halleck, and, 
in the most emphatic and characteristic 
manner, discouraged by Lincoln. ' If 
Lee,' said the President, 'should leave a 
rear force at Fredericksburg, tempting 
you to fall upon it, he would fight you 
in intrenchments, and have you at dis- 
advantage; and so, man for man, worst 
you at that point, while his main force 
would, in some way, be getting an ad- 
vantage of you northward. In a word, 
I would not take any risk of being en- 
tangled upon the river, like an ox jumped 
half over a fence, and liable to be torn by 
dogs front and rear, without a fair chance 
to gore one way or to kick the other! * 

" The disaster at Winchester, and the 
appearance of Confederate troops on 
their borders, created the wildest excite- 
ment in Maryland and Pennsylvania. 
The excitement was shared, in fact, by 
the whole of the Northern States. Ap- 
peals to the people were published by 
the governors of Maryland and Pennsyl- 
vania; and, on the 15th of June, a proc- 
lamation was issued by the President, 
calling for 120,000 militia. Pennsylva- 
nia was to furnish 50,000; Ohio, 30,000; 
Maryland, 10,000; West Virginia, 10,000; 
New York, 20,000. These calls were 
promptly and heartily responded to. 
Meanwhile, lively scenes were being 
witnessed in the larger towns, threatened 
by the invading troops. Of some of 
those scenes stirring descriptions have 
been preserved. The 16th, in Harris- 
burg, is thus described by an eye-wit- 
ness: 'The morning broke,' he tells us, 
' upon a populace all astir, who had been 
called out of bed by the beat of the 
alarming drum, the blast of the bugle, 
and the clanging of bells. The streets 
were lively with men, who were either 



* Despatch from President Lincoln to General 
Hooker, June 51k. 



744 



HISTORY OF THE UNITED STATES. 



Boor II ,c. 32 



returning from a night's work on the 
fortifications, or going over to relieve 
those who were toiling there. As the 
sun rose higher, the excitement gathered 
head. All along the streets were omni- 
buses, wagons and wheelbarrows taking 
in trunks and valuables, and rushing 
them down to the depot, to be shipped 
out of rebel range. The stores, the 
female seminaries and almost every 
private residence were busy all of the 
forenoon in swelling the mountain of 
freight that lay at the depot. Every 
horse was impressed into service, and 
every porter groaned beneath his weight 
of responsibilities. The scene at noon 
at the depots was indescribable, if not 
disgraceful. A sweltering mass of hu- 
manity thronged the platform, all furious 
to escape from the doomed city. At the 
bridge, and across the river, the scene 
was equally exciting. All through the 
day a steady stream of people, on foot 
and in wagons, young and old, black and 
white, was pouring across it from the 
Cumberland Valley, bearing along with 
it household gods and all manner of 
goods and stock. Endless trains, laden 
with flour, grain and merchandise, hourly 
emerged from the valley, and thundered 
across the bridge and through the city. 
Miles of retreating baggage wagons, 
filled with calves and sheep tied together, 
and great, old-fashioned furnace wagons, 
loaded with tons of trunks and boxes, 
defiled in continuous procession down 
the pike and across the river, raising a 
dust that marked the outline of the road 
as far as the eye could see/ * * * 
"While Hooker remained at Fairfax 
and Manassas, there were occasional 
cavalry skirmishes in the neighborhood 
of Ashby Gap. In some of these the 
fighting was severe ; in all of them the 
National troops distinguished them- 



selves for dash and daring, not only 
holding their own, but driving the 
enemy before them. These encounters, 
however, exercised no perceptible influ- 
ence on the campaign. Lee was not hin- 
dered from posting himself in strength 
in the Shenandoah Valley, where he 
was ready to meet Hooker, if he should 
deem it prudent to attack him, and 
where also he could send foraging par- 
ties into Maryland and Pennsylvania. 
Jenkins' troopers had already penetrated 
as far as Chambersburg, and ravaged 
the country for miles around, frightening 
the peaceful inhabitants, and carrying 
off much booty, particularly in cattle and 
horses. On the 22d, Hill and Long- 
street having come up and relieved him 
in the valley, Ewell, at the head of the 
invading columns, passed into Maryland, 
Imboden moving to the west, and break- 
ing up the lines of communication by 
the Baltimore and Ohio railroad and the 
Chesapeake and Ohio canal. The whole 
region of Western Pennsylvania, up to 
the Susquehanna, was now open to the 
invaders. On the 24th and the 25th, 
Longstreet and Hill followed Ewell. 
The objective point of the Confederates 
was Chambersburg. On the 26th, the 
entire Confederate army had crossed at 
Williamsport and Shepherdstown. On 
the same day, Hooker, no longer in 
doubt as to Lee's plan, led his army 
across the Potomac at Edward's Ferry, 
and moved towards Frederick. This, 
as we shall see, was a wise and politic 
movement on the part of the National 
commander. It led to the happiest re- 
sults, although Hooker himself was not 
to reap the glory. 

"At this conjuncture there occurred 
an unlooked-for circumstance, which 
might have had a most disastrous effect 
on the campaign and on the prospects 



THE ADMINISTRATION OF LINCOLN. 

745 
of the North. On the 27 th, when | were astounded by the intelligence that 
Hooker had marched upon Frederick, | Genera. Hooker had resigned^ con, 




THE SHENANDOAH VALLEY, THE SCENE OK SEVERAL IMPORTANT CAMPAIGNS. 



and when it became manifest that a 
great battle was imminent, the public 



mand of the army of the Potomac, and 
that the important and somewhat peril- 



; 4 6 



HISTORY OF THE UNITED STATES. 



Book II..C.8S 



ous trust had been committed to General | 
Meade. What was it that brought about 
this sudden, unexpected, and, to all j 
appearance, untimely change? The j 
story can be briefly told. At the time- 
Lee began his movement northward, the 
National forces in the east were divided 
into several separate and independent 
commands. General Heintzclman com- 
manded the department of Washington, 
with a force of 36,00x2 men ; General 
Schenck had charge of the middle de- 
partment, including the garrisons at 
Harper's Ferry, Winchester, and other 
contiguous places ; and General Dix, 
with a considerable force, lay idle on the 
peninsula. Hooker, who had expressed 
a strong desire that the troops of Heint- 
zelman and Schenck should be placed 
under his control, had at length so far 
overcome the scruples of Commander- 
in-Chief Halleck, that he obtained a 
reluctant consent. Hooker had sent 
General Slocum to Harper's Ferry, with 
the understanding that he should bejoined 
by the 10,000 or 11,000 troops stationed 
there under French, and that the united 
force should make a demonstration on 
Lee's rear by a movement up the Cum- 
berland valley. Such an arrangement 
implied the evacuation of Harper's Ferry, 
but to this Halleck would not consent. 
It was in vain that Hooker reasoned, 
showing that the place was compara- 
tively of no importance, that it com- 
manded no ford of the Potomac, that the 
removal of the troops would not affect 
the fortifications, that it was without 
public stores, and that there was only a 
very small likelihood that the enemy 
would think of taking possession. He 
was met by the reply, ' Maryland Heights 
have always been regarded as an im- 
portant point to be held by us, and much 
expense and labor incurred in fortifying 



them. I cannot approve of their abandon- 
ment, except in case of absolute neces- 
sity.' Hooker requested to be relieved 
from the command of the army. His 
request was at once complied with. 
Hooker has been severely blamed for 
deserting his post at this critical junc- 
ture. 

" It was a perilous experiment to 
change the commander in the field, on 
the eve of what, it was evident, must 
prove a great and decisive battle. It 
does seem, on the surface, as if Hooker 
allowed personal considerations to tri- 
umph over what he ought to have re- 
garded as the welfare of the nation. But, 
undoubtedly, Hooker had other reasons 
for the course he took than that which 
he openly assigned. His relations with 
the government had not been cordial 
from the first. His claims, after the re- 
moval of McClcllan, had been passed 
over in favor of Burnsidc; and when, 
after the battle of Fredericksburg, it was 
found impossible longer to ignore him, 
the command of the army of the Potomac 
was grudgingly given him. He had 
scarcely entered upon his duties, when the 
President wrote him, informing him of 
strange charges which were rumored 
against him, such as ambition to play the 
role of dictator, reminding him that the 
most effective method of securing the 
gratification of desires so ambitious was 
to overthrow the insurgents, and make an 
end of the rebellion, and assuring him 
that, if he allowed disaster to befall the 
army of the Potomac, he would never be 
at the head of the American or any other 
government. Hooker's relations with 
the government were not improved by 
his failure at Chancellorsville. On the 
14th of May, Lincoln wrote him : ' I 
must tell you that I have some fearful 
intimations that some of your corps and 



THE ADMINISTRATION OF LINCOLN. 



747 



division commanders are not giving you 
their entire confidence. This would be 
ruinous, if true.' These things being 
known, it is not much to be wondered at 
either that, in the circumstances, Hooker 
should have resigned or that his resigna- 
tion should have been so promptly ac- 



" ' Headquartkrs Army of the Potomac, 
"•Frederick, Md., /ttne 28, 1863. 

" ' In conformity with the orders of the 
War Department, dated June 27th, 1863, 
I relinquish the command of the army 
of the Potomac. It is transferred to 
Major-General George G. Meade, a brave 




GENERAL MEADE. 



cepted. On the morning of the 28th of \ and accomplished officer, who has nobly 



June, an order arrived from Washington, 
transferring the command of the army 
to Major-General Meade, of the Fifth 
army corps. On the same day appeared 
the two following orders : 



earned the confidence and esteem of the 
army on many a well-fought field. Im- 
pressed with the belief that my useful- 
ness as the commander of the army of 
the Potomac is impaired, I part from it. 



74 8 



HISTORY OF THE UNITED STATES. 



Book II., -. 32 



yet not without the deepest emotion. 
The sorrow of parting with the comrades 
of so many battles is relieved by the con- 
viction that the courage and devotion of 
this army will never cease nor fail ; that 
it will yield to my successor, as it has to 
me, a willing and hearty support. With 
the earnest prayer that the triumph of its 
arms may bring successes worthy of it 
and the nation, I bid it farewell. 
"'Joseph Hooker, 

" ' Major-General.' 

"'Headquarters Army of the Potomac, 
" 'June 28, 1863. 

" ' By direction of the President of the 
United States, I hereby assume command 
of the army of the Potomac. As a 
soldier, in obeying this order — an order 
totally unexpected and unsolicited — I 
have no promises or pledges to make. 
The country looks to this army to relieve 
it from the devastation and disgrace of a 
hostile invasion. Whatever fatigues and 
sacrifices we may be called upon to un- 
dergo, let us have in view constantly the 
magnitude of the interests involved, and 
let each man determine to do his duty, 
leaving to an all-controlling Providence 
the decision of the contest. It is with 
just diffidence that I relieve, in the com- 
mand of this army, an eminent and ac- 
complished soldier, whose name must 
ever appear conspicuous in the history 
of its achievements ; but I rely upon the 
hearty support of my companions in arms 
to assist me in the discharge of the duties 
of the important trust which has been 
confided to me. 

" ' George G. Meade, 
" ' Major-General Commanding.' 

"The change produced some surprise 
in the army ; but the appointment of 
General Meade was generally well re- 
ceived. The report of the change soon 



extended to the several corps, and their 
commanders hastened to bid farewell to 
General Hooker. By three o'clock a 
large number of officers had assembled, 
and, soon after, the general appeared in 
the avenue before his tent. Some time 
was spent in social intercourse, and, to 
the last, all formalities were dispensed with. 
The parting was painful to every one, par- 
ticularly to those who had become en- 
deared to the general by old associations. 
General Hooker was deeply grieved. He 
had been identified with the army of 
the Potomac, he said, since its organiza- 
tion, and had hoped to continue with it 
to the end. It was the best army of the 
country, worthy of the confidence of the 
nation, and could not fail of success in 
the approaching struggle. He spoke of 
his successor as a glorious soldier, and 
urged all to give him their earnest sup- 

" To Meade was granted a large 
amount of authority — much larger than 
had been enjoyed by Hooker. The 
President waived in his favor all the 
powers of the executive and the Con- 
stitution. Meade, in fact, was untram- 
melled. But he made a wise and 
cautious use of the power entrusted to 
him. He made as few changes as 
possible, and only those which were 
absolutely necessary. * 

" On the morning of the 29th, Meade 
put his army in motion. Giving up the 
idea of moving to the west of the South 
Mountain, he took a course due north, 
ascending the course of the Monocacy 
towards the Susquehanna. The army 
moved in three columns, covering, as it 
advanced, the lines of approach to Balti- 
more and Washington. The First and 
Eleventh corps were directed on 
Emmettsburg ; the Third and Twelfth 
on Taney town ; the Second on Frizzle- 



THE ADMINISTRATION OF LINCOLN. 



749 



burg ; the Fifth to Union ; and the Sixth 
to Windsor. On the evening of the 29th 
the National army was in position — its 
left at Emmettsburg and its right at 
Windsor. 

" The same day on which Meade put 
his army in motion General Lee had 
completed all the necessary preparations 
for an advance on Harrisburg. On that 
day, however, he learned for the first 
time by means of a scout, that the Na- 
tional army, having crossed the Poto- 
mac, was advancing northward, and 
that the head of the column had reached 
the South Mountain. Lee's ignorance 
of the whereabouts of the National 
army is explained by the fact that 
Stuart, on whom he depended for in- 
formation, had been left behind to guard 
the passes of the mountains, and to 
obstruct, as much as possible, the pro- 
gress of the enemy. In the event of the 
Nationals succeeding in crossing the 
Potomac, his instructions were to follow, 
crossing the river to the east or west of 
the Blue Ridge, as he deemed the more 
convenient, and take position on the 
Confederate right. Unable to hinder 
the Nationals from crossing the river, 
and anxious to execute the remaining 
portion of his instructions, Stuart was 
compelled to make a wide detour to the 
east by the way of Fairfax Court-House. 
When, on the evening of the 27th, he 
reached the Potomac at the mouth of 
Seneca creek, he found the river greatly 
swollen by recent rains ; and it was only 
by tremendous exertions he gained the 
Maryland shore. He then learned that 
the Nationals, having crossed the day 
before, were on their way to Frederick. 
The National army thus lay between him 
and Lee; and he was compelled to 



arrived on the 30th of June. It was 
Hooker's misfortune to fight without 
his cavalry, at Chancellorsville. A 
similar misfortune had now befallen Lee. 
Without those eyes of the army, he had 
been moving about in ignorance of the 
whereabouts of his antagonist. 

" The intelligence of the near approach 
of the National army fell upon Lee 
like a thunderbolt. Dreading an irrup- 
tion of the National forces into the 
Cumberland valley, and foreseeing the 
peril which thus threatened his com- 
munications, Lee resolved to concen- 
trate on the east side of South Moun- 
tain, and prevent, if possible, the fur- 
ther progress of the opposing army. 
The movement on Harrisburg was, in 
consequence, countermanded. Long- 
street and Hill were directed to proceed 
from Chambersburg, defiling through 
the South Mountain range towards 
Gettysburg; and Ewell was ordered to 
countermarch from York and Carlisle, 
on the same point. 

" On the 30th, Meade was still ignor- 
ant of the change of purpose on the 
part of Lee. It was his belief that the 
Confederates were pressing northward 
to the Susquehanna. He had little doubt, 
however, that a collision was imminent. 
On that day he pushed his right forward 
to Manchester, his left still remaining at 
Emmettsburg, where three corps— the 
First, Eleventh and Third— were under 
orders of Major-Gcneral Reynolds. 
Realizing the gravity of the situation, he 
issued to the army the following order: 

"'Headquarters AmfY of the Potomac, 

" 'June 30, 1S63. 

" ' The commanding general requests 
that, previous to the engagement soon 



march northward, through Westminster, expected with the enemy, corps and all 
to Hanover, in Pennsylvania, where he | other commanding officers address their 



75o 



HISTORY OF THE UNITED STATES. 



Book II., c. 32 



troops, explaining to them the immense 
issue involved in the struggle. The 
enemy is on our soil. The whole coun- 
try looks anxiously to this army to de- 
liver it from the presence of the foe. 
( )ur failure to do so will leave us no 
such welcome as the swelling of mil- 
lions of hearts with pride and joy at 
our success would give to every soldier 
of the army. Homes, firesides and do- 
mestic altars are involved. The army 
has fought well heretofore. It is be- 
lieved that it will fight more desperately 
and bravely than ever, if it is addressed 
in fitting terms. Corps and other com- 
manders are authorized to order the 
instant death of any soldier who fails to 
do his duty at this hour. 

" ' By command of 

" ' Major-General Meade. 

*"S. Williams, 

" 'Assistant Adjutant-General.' 

" It was not until the night of the 30th 
that Meade became satisfied that Lee 
was concentrating his forces on the east 
side of South Mountain. He at once 
proceeded to select a position on which 
he might make a rapid concentration of 
his troops,. and so receive battle on ad- 
vantageous terms. The general line of 
Pipe creek seemed to offer the advantage 
sought ; but its final adoption was left to 
be determined by the necessities which 
micrht arise. Orders were issued for an 
immediate advance of the different corps. 
The Sixth corps, Sedgwick's, forming 
the right wing of the army, was ordered 
to Manchester, in rear of Pipe creek; 
headquarters and Second corps, Han- 
cock's, were directed to Taneytown ; the 
Twelfth corps, Slocum's, and the Fifth 
corps, Sykcs', forming the centre, were 
to move on Two Taverns and Hanover; 
and the left wing, consisting of the First, 



Reynolds', Third, Sickles', and Eleventh, 
Howard's, all under General Reynolds, 
was ordered to Gettysburg. The move- 
ment of the left wing was intended only 
as a mask, behind which the army could 
take position at Pipe creek. It was not 
the intention of either Lee or Meade to 
make Gettysburg the battle-field; but, 
unconsciously to both, a collision was 
becoming more and more inevitable in 
the immediate neighborhood. 

"The little town of Gettysburg, which 
was soon to be rendered immortal as the 
theatre not only of the greatest battle of 
the civil war, but of one of the greatest 
battles of modern times, is about ten 
miles cast of the South Mountain range. 
The topographical features of the neigh- 
borhood are peculiar, presenting a series 
of ridges which, for the most part, run 
parallel with South Mountain, and give 
to the landscape a rolling and diversified 
character. Some of the streams flow to 
the northeast, and empty themselves into 
the Susquehanna; others flow south- 
ward, and find an outlet into the Poto- 
mac. The town is built at the base of 
one of the ridges, and is the centre from 
which radiate a large number of roads. 
There is the Chambcrsburg road, leading 
to the northwest; the Carlisle road to 
the north; the Harrisburg road to the 
northeast; the Baltimore road to the 
southeast; and others, which lead in the 
direction of the Potomac to the south- 
west. To the immediate south of Get- 
tysburg, and extending some four or five 
miles, is a ridge which bears a close re- 
semblance to a fish-hook. The point of 
the hook is known as Wolf's Hill; the 
barb is known as Gulp's Hill; while the 
stem — a succession of ridges — ending in 
Little Round Top and Round Top, bears 
the general name of Cemetery Ridge. 
Little Round Top is about 280 feet high. 




THIS DIAGRAM SHOWS POSITIONS OF THE ARMIES DURING THE SECOND AND THIRD DAYS. 

frsO 



752 



HISTORY OF THE UNITED STATES. 



Book II., c. 32 



Round Top, which shoots up from the 
former, reaches a height of some 400 
feet. These two elevations constitute 
the military keys of Cemetery Ridge. 
At their base runs a marshy stream, 
called Plum Run. Between Wolf's and 
Culp's Hills flows what is called Rock- 
creek. The nearer part of the bend, 
which fronts the town, had been used as 
a cemetery — hence the generic name of 
the ridge. The broken character of the 
ground, abounding with rocky ledges 
and covered with huge boulders, make 
it a sort of natural fortification. It is 
an admirable position for defensive opera- 
tions. On the west side, the ground falls 
off into a cultivated valley, which it 
commands, and then gradually rises 
until, nearly a mile distant, it forms 
another and a parallel crest, called 
Seminary Ridge — from a theological 
school which crowns one of its heights 
and forms a conspicuous feature of the 
landscape. This ridge is covered with 
oaks, and is locally known as Oak 
Ridge. In the valley between Seminary 
and Cemetery Ridges is the Emmetts- 
burg road. Such was the ground on 
which, for three consecutive days, the 
contending hosts of North and South 
were about to strive, in bloody and 
merciless contest, for the mastery of the 
Republic. 

" On the morning of Wednesday, the 
rst of July, General Ruford, who had 
been occupying Gettysburg for the two 
days previous, passed through the town 
with his cavalry, and, advancing beyond 
Seminary Ridge to the next ridge, more 
to the west, about two miles distant, 
took position on the near side of Wil- 
loughby Run. His line was drawn up 
across the Chambersburg road, along 
which Longstrect and Hill were advanc- 
ing. It was about nine o'clock. All of 



a sudden, he found himself in collision 
with the leading division of Hill, under 
Heth. It was the commencement of the 
battle of Gettysburg. Knowing that 
Reynolds, who had bivouacked the 
night before at Marsh creek, only four 
miles off, was within striking distance, 
Ruford resolved to hold the Confederates 
in check until the arrival of his chief. 
It was a perilous undertaking; but by 
skilful deployments, he accomplished his 
task. He had fallen back somewhat; 
but his ranks were unbroken, and his 
men were offering a spirited resistance 
when, at about ten o'clock, Reynolds ar- 
rived with Wadsworth's division. 

" Reynolds had no instructions to 
bring on a battle; but the necessities of 
the situation supplied the place of in- 
structions. Ruford was sorely pressed, 
and he must support him. Swinton 
suggests that, probably, his fine military 
eye took in at a glance the features of 
the rocky ridge of Gettysburg as an 
eminent vantage-ground for a defensive 
battle, and that his object in bringing on 
the battle was to hold the enemy in 
check beyond the town, and thus give 
the army time to concentrate on the 
fastness of hills. This, of course, is mere 
conjecture; and whether he had such 
thoughts, and was influenced by such 
motives, we shall never know. Rut for 
his own untimely loss, there would be 
little cause for regret that he acted as he 
did. Wadsworth's troops were imme- 
diately deployed ; and Reynolds sent 
instructions to Howard to advance as 
promptly as possible. Wadsworth was 
ordered to place his only battery — that 
of Hall — in position by the side of the 
road leading to Cashtown. Cutler's 
brigade was thrown into position on the 
right, while Doubleday, who had just 
come up with the van of the infantry, 



THE ADMINISTRATION OF LINCOLN. 



was ordered to move Meredith's iron 
brigade, as it was called, to the left of 
the road, into a piece of wooded ground 
which skirted Willoughby Run. Deter- 
mined to bring matters to an immediate 
issue, Reynolds, with animating words, 
gave the regiments in the skirt of the 
woods the command to charge. The 
order was being gallantly obeyed, when, 
shot through the neck, he fell mortally 
wounded, dying before he could be re- 
moved from the field. The command 
now devolved on Doubleday. There 
was no pause in the battle. The iron 
brigade fell with tremendous force on the 
flank of Archer's brigade, which was 
pushing its way across Willoughby Run, 
capturing Archer himself and several 
hundreds of his men. While these 
events were taking place, there was des- 
perate fighting on the right. Hall's 
battery, left for a time unsupported, was 
in imminent danger of being captured, 
when the Fourteenth Brooklyn and the 
Ninety-fifth New York, joined by the 
Sixth Wisconsin, having made a change 
of front, charged to the relief of the guns. 
Such was the impetuosity of the onset, 
that Davis' two Mississippi regiments 
were driven for shelter into the cut of an 
unfinished railroad, surrounded and cap- 
tured, with their battle-flags. So far, 
success had been with the Nationals. 

"The tide of battle was destined soon 
to turn. Reinforcements, in increasing 
numbers, were coming up and joining 
both of the contending parties. The 
Nationals were strengthened by the ar- 
rival of the two remaining divisions of 
the First corps, under Rowley and Rob- 
inson, the former having taken command 
of Doubleday's men. Robinson's di- 
vision remained for a time in reserve on 
Seminary Ridge ; but the other division 
was pushed forward at once to the assist- 
4 8 



753 

ance of the sorely pressed left. These 
fresh troops were in excellent spirits. 
One of the brigades of Rowley's division, 
commanded by Colonel Roy Stone, hav- 
ing been assigned to a position danger- 
ously exposed to the fire of the enemy's 
artillery, Stone remarked to his men, 
1 We have come here to stay.' The say- 
ing was promptly taken up. ■ ' We have 
come here to stay ! ' resounded through- 
out the ranks. The words were too 
truly prophetic; for a very large number 
of the brave fellows never left the ground. 
The battle continued to rage with great 
fierceness, the Nationals still firmly 
maintaining their position. Meanwhile, 
Hill was reinforced by another division, 
under General Pender. It was now past 
noon. The sun had been blazing since 
early morning. The heat was intense. 
About one o'clock, General Howard ar- 
rived on the battle-ground, and took 
command of the field. He had brought 
with him the divisions of Schurz and 
Barlow, the former now commanded by 
Schimmelpfenig, Schurz being in charge 
of the corps. These divisions Howard 
posted to the right of the First corps^ 
and in such a manner as to prolong the 
general lines and cover the approaches- 
to Gettysburg from the north and north- 
west. The other division, under Vorr 
Steinwehr — an experienced and skilful 
officer, who had been bred in the service 
of Prussia, and who had done good work 
on that fatal first day at Chancellorsvillc r 
when Jackson fell on Howard's corps 
with the force of an avalanche — he had 
left as a reserve on Cemetery Ridge. 
It was a wise and prudent step, as the 
result proved, and was taken, it is under- 
stood, in obedience to the instructions 
of Reynolds. 

"It was now about two o'clock. 
Howard had had little more than time 



754 



HISTORY OF THE UNITED STATES. 



Book II, c. 32 



to get his men in position, when the 
spectator on Cemetery Hill might have 
seen a long, gray line, serpent-like, 
creeping down the pike, and near the 
railroad on the northeast side of the 
town. They were 'Stonewall' Jack- 
son's men — led now by General Ewell, 
Jackson's most trusted and loved lieu- 
tenant — who were hurrying from York 
and Carlisle to decide the issues of that 
day. Their march seems to quicken as 
they approach the battle-ground. Be- 
fore three o'clock, they have come up 
from the York road, debouched into 
the woods, and, with their old, wild 
battle-yell, fallen with crushing effect on 
Howard's right. Early's division, of 
Ewell, was thrown upon the right face 
of the Eleventh, commanded by Barlow. 
Rodes' division, of the same corps, 
moved further round and formed a con- 
nection with the left of the corps of 
General Hill. There was a commanding 
height, called Oak Hill, opposite the 
National line, where the left of the 
Eleventh and the right of the First corps 
approached each other, but did not 
meet. With the eye of a skilful gen- 
eral, Rodes perceived that this was the 
key-point of the field, and seized it 
immediately. The Eleventh, confronted 
by their old antagonists, seemed resolved 
to redeem the honor lost at Chancellors- 
ville. They fought with the utmost 
bravery. But the battle had now be- 
come unequal — it was 50,000 men 
against 21,000 ; and Howard had fallen 
into an error not uncommon during the 
war. He had attempted to cover too 
much. It was impossible for his ex- 
tended line, attenuated almost to feeble- 
ness, to resist the persistent attacks and 
now overwhelming numbers of the 
enemy. From his high vantage ground, 
where he had planted artillery, Rodes 



poured an oblique and destructive fire 
on the left of the Eleventh. A general 
advance was ordered about three o'clock. 
Rodes having massed his infantry, came 
sweeping down through the opening of 
the National line in his front, breaking 
and cramping the left of the Eleventh, 
and turning and forcing back the right 
of the First. Early, at the same mo- 
ment, fell with equal energy on the right 
of the Eleventh. The gallant Barlow 
made a stubborn resistance near the 
almshouse ; but, in the midst of the 
struggle at this point, he was wounded, 
and fell helpless into the hands of the 
enemy. Schimmelpfenig was also taken 
prisoner, but he subsequently contrived 
to escape and rejoin his regiment. The 
National right was thus driven back in 
confusion into Gettysburg. The troops 
on the right of the First, or National 
left, were in a similar plight. They, too, 
were driven into the town, where they 
became entangled with Howard's corps. 
Ewell pursued the disordered mass into 
and through the streets of Gettysburg, 
capturing some five thousand prisoners 
and occupying the place. 

" Such was the state of things on the 
National right, and on the right of the 
National left, at a comparatively early 
hour in the afternoon of July 1st. How 
was it on the extreme left of the 
National line ? These troops had been 
under fire from the commencement of 
the fight — some of them for five, some 
for six hours. At the same moment 
that Ewell, with the two divisions of 
Rodes and Early, came thundering 
down upon the Eleventh, A. P. Hill, 
strengthened by Ewell, renewed the 
attack upon the heroic and not yet 
completely exhausted First. Robinson 
and Doubleday and Wadsworth did 
their best to keep their men in position, 



THE ADMINISTRATION OF LINCOLN. 



755 



and to hold the enemy at bay ; but 
they, too, began to feel themselves weak 
under the fierce and persistent pressure 
of superior numbers. ' We have come 
to stay,' was still the watch-word and 
battle-cry of many of the men. They 
were willing to wait and fight to the 
bitter end. But when it became known 
that the right of their corps had been 
turned, and that the Eleventh had been 
routed, the conviction of danger in their 
present position was forced upon them. 
It was with a stubborn reluctance they 
began to retire, and not until they had 
suffered most severely. They had saved 
and moved to the rear all their artillery, 
with the exception of one piece, and all 
their ambulances, before they let go 
their hold on Seminary Ridge. When 
they fell back behind the town, they did 
so in something like order. Doubleday 
handled his men during this crisis with 
marvellous ability. In managing affairs 
on the National left, he had received 
little or no assistance from Howard, 
whose attention was engrossed from the 
first with his own corps and the general 
state of things on his right. The fight- 
ing, as we have seen, was severe on the 
left during the whole day. There were 
special moments, however, when the 
firing was terrific. Some of the men had 
been through all the great battles of the 
East. They had been in the Peninsula, 
and under fire at Malvern Hills ; with 
Pope, and under fire at Cedar Mountain, 
at Manassas, and at Centreville ; with 
Burnside, and under fire at Fredericks- 
burg ; with Hooker, and under fire at 
Chancellorsville ; and they gave it as 
their opinion that the firing of that day 
was the most terrific they had ever ex- 
perienced. In one brigade alone — that 
of Cutler — in the brief space of twenty- 
minutes, every staff-officer had his horse 



shot under him. Some of them lost 
two, some three horses. In thirty 
minutes, not a horse was left to the 
general or his staff, but one, and that one 
was wounded. 

" The remnants of the two shattered 
corps, reduced to one-half of then 
original strength, found a refuge and a 
resting-place on Cemetery Hill. The 
wisdom of leaving Steinwehr behind to 
strengthen and fortify the position was 
now apparent to all. Steinwehr had 
made excellent use of his time. His 
guns were admirably posted, so as to 
guard the approaches to the heights ; 
and behind every ledge of rock, every 
stone wall, every building, there was a 
living barrier — an abatis of bayonets. 
When the disordered masses were pour- 
ing through Gettysburg and towards 
the ridge, Hancock had arrived on the 
ground. Meade was still at Taneytown, 
some thirteen miles distant. So soon 
as he was made aware of the battle, and 
of the death of Reynolds, he sent Han- 
cock forward to take command. He 
was to use his own judgment as to 
whether the forces should be retained at 
Gettysburg, or retire to the line of 
Pipe creek. If he found the ground 
advantageous, he was so to advise the 
commander, and the troops would be 
ordered up at once. Hurrying forward 
in an ambulance, and studying the map 
by the way, Hancock arrived on the 
field at about half-past three o'clock. ' I 
found,' he says, ' that practically the fight 
was over. The rear of our column, with 
the enemy, was then coming through 
the town of Gettysburg. General How- 
ard was on Cemetery Hill, and there 
had evidently been an attempt on his 
part to stop and form some troops there. 1 
Hancock was a great favorite with the 
rank and file of the army of the Potomac. 



HISTORY OF THE UNITED STATES. 



756 

His fine personal presence, and the 
magnetism of his manner, did much to- 
wards restoring the confidence of the 
men and re-establishing order. There 
was a nucleus of order in Steinwehr's 
division, and in the cavalry of Buford, 
which, having been deployed in the plain 
to the left of the town, and in front of 
the ridge, presented a bold and firm front. 
Buford has been described as the good 
angel of Gettysburg. He certainly per- 
formed heroic services on the morning 
of that first day, and also at this supreme 
moment, when weakness or hesitation 
would have been ruin. Never were 
cavalry more superbly handled. Never 
did mounted men more heartily or more 
effectively obey the behests of their 
chief. As the routed Nationals came 
up, Hancock quickly formed them into 
line. He was soon able to present 
what seemed a formidable front to the 
enemy. The National army, however, 
was really in great peril. The day 
was yet young ; several hours had to 
elapse before sunset. If Lee had made 
a vigorous attack with all the forces at 
his command, it is scarcely possible that 
Hancock could have offered an effective 
resistance. To his surprise, and no 
doubt to his delight, the Confederate 
skirmishers, who were already breasting 
the hill, were recalled ; and thus ended 
the first day's fighting at Gettysburg. 
General Lee made a mistake in not 
pressing the advantage he had won. But 
he acted up to the best of his knowledge. 
' The attack was not made that after- 
noon,' he tells us, ' because the enemy's 
force was unknown, and because it was 
considered advisable to await the arrival 
of the rest of our troops.' It was a fatal 
pause — fatal to the hopes of Lee him- 
self, and to the plans and purposes of 
the Confederate rulers. 



Book 11., c. 32 



" Hancock lost no time in reporting 
to Meade. Soon after arriving, he sent 
a message informing him that he could 
hold the ground till dark. Shortly 
after five o'clock, he sent the following 
despatch : ' When I arrived here, an 
hour since, I found that our troops had 
given up the front of Gettysburg and 
the town. We have now taken up a 
position in the cemetery, which cannot 
well be taken; it is a position, however, 
easily turned. Slocum is now coming 
on the ground, and is taking position on 
the right. But we have, as yet, no 
troops on the left, the Third corps not 
having yet reported ; but I suppose that 
it is marching up. If so, his flank march 
will, in a degree, protect our left flank. 
In the meantime, Gibbon [who had been 
left in command of the Second] had 
better march so as to take position on 
our right or left to our rear, as may be 
necessary, in some commanding posi- 
tion. * * * The battle is quiet now. 
I think we shall be all right until night. 
I have sent all the trains back. When 
night comes on, it can be told better 
what had best be done. I think we can 
retire ; if not, we can fight here, as the 
ground appears not unfavorable, with 
good troops.' Having completed his 
dispositions, and having turned over 
the command to Slocum, who outranked 
him, and who had just arrived, he went 
back to Tancytown to see Meade person- 
ally. Meade had already made up his 
mind ; and he set his army in motion at 
once. 

"The Twelfth corps, Slocum's, which 
had been urgently summoned by Gen- 
eral Howard during the afternoon, and 
which had been pushed forward with as 
little delay as possible, arrived before six 
o'clock. It was immediately put into 
position. The Third corps, Sickles', 



THE ADMINISTRATION OF LINCOLN. 



757 



which had also been summoned up by 
Howard, arrived some of them that 
night at sunset, and the remainder dur- 
ing the night and following morning. 
The Second corps, Hancock's, which 
had only to travel from Taneytown, a 
distance of thirteen miles, came up 
shortly after midnight. The Fifth corps, 
Sykes', was at Union Mills, twenty-three 
miles distant, when the order was given, 
but it was on the ground at an early 
hour in the morning. The Sixth, Sedg- 
wick's, was at Manchester, thirty-two 
miles distant. It was known that its 
commander would hurry forward with 
all possible despatch ; and it was confi- 
dently expected that he would reach the 
field in time to take part in the fight of 
the following day. Meade, himself, as 
soon as he had received Hancock's rep- 
resentations, broke up his headquarters 
at Taneytown, sent his trains to West- 
minster, and hastened to Gettysburg, 
which he reached at one o'clock on the 
morning of the 2d. Soon after he arrived 
on the ground, he fixed his headquarters 
at a little frame house on the Taneytown 
road, in rear of and to the south of 
Zeigler's Grove. It was sheltered from 
infantry fire by a swell in the ground ; 
but there was nothing to prevent it from 
becoming a target for the enemy's 
artillery. 

" With the earliest light Meade was 
up, inspecting the ground, and making 
arrangements for the disposition of his 
troops. Some of the corps were already 
in position. The others were placed as 
they came up. The Eleventh retained 
its position on Cemetery Hill, and was 
supported by Robinson's and Double- 
day's divisions, of the First, now com- 
manded by General Newton. On the 
extreme right was the Twelfth, which, 
with the division of Wads worth, also of 



the First, held Culp's Hill. The Second 
and Third were ordered to occupy the 
continuation of Cemetery Ridge, to the 
left of the Eleventh. The Fifth was 
held in reserve. When Sedgwick came 
up, he was to be placed on the extreme 
left, behind the Round Tops. The 
order, from right to left, was, therefore, 
as follows: Slocum, Newton, Howard, 
Hancock, Sickles. The entire army was 
concentrated on an area of about three 
square miles. The reserve forces were 
within thirty minutes march of any part 
of the line. Batteries were posted along 
the crest; and rock-ledges, improvised 
earth-works and stone walls in the rear 
gave shelter to the soldiers. 

"On the morning of Thursday, the 
Confederate prospect was not quite so 
bright as it had been the night before. 
True, Longstreet had arrived ; but it was 
manifest at a glance that the National 
army had been largely reinforced, that it 
occupied a position of formidable 
strength, and that to attempt to dislodge 
it meant a tremendous expenditure of 
force, as well as a fearful sacrifice of life. 
At early dawn, Lee, Longstreet and Hill 
were in eager consultation on Seminary 
Ridge. The summits of the ridge were 
covered with oak and pine trees ; so, 
also, was its western slope, thus affording 
excellent concealment for the troops. 
Along this ridge, and round to the east 
of Gettysburg, in the form of a vast 
crescent, over five miles in length, its 
concavity facing the National line, the 
Confederate army was arranged. The 
eastern slope was dotted thickly with 
artillery, which looked frowningly over 
the intervening valley. Longstreet was 
on the right, Hill in the centre, and 
Ewell on the left. Between Ewell and 
Hill there was a gap of nearly a mile. 
The army was about 80,000 strong, 



758 



HISTORY OF THE UNITED STATES. 



Book II., c. 3£ 



numerically equal to that on the opposite 
heights, even if Sedgwick should get up 
in time. Lee's one inconvenience was 
the extent of his line, and the consequent 
difficulty of communication. Meade had 
the advantage of compactness ; and com- 
munication was easy. 

" It was evident already that the at- 
tack, if there was to be an attack, would 
come from the .Confederates. Meade's 
position was merely defensive. It was 
for this purpose, and this purpose alone, 
that Cemetery Ridge had been occupied 
and strengthened. It was no part of his 
intention at this particular juncture to 
initiate aggressive measures. It had not 
been the original intention of Lee to 
fight so far from his base, unless attacked 
by the enemy; but it had become diffi- 
cult, next to impossible, to withdraw his 
troops now that they had come into 
actual contact with the National army, 
and tasted somewhat of the sweets of 
victory. It may well be doubted whether, 
if an order had been given for retreat, 
his men, elated as they were w-ith past 
successes, and flushed as they were with 
the fresh triumphs of yesterday, would 
have calmly submitted. General Lee 
was not ignorant of the difficulty and 
danger of assaulting a powerful foe be- 
hind intrenched lines, and in so com- 
manding a position as that now occu- 
pied by the National army. Still, as he 
himself tells us, a battle had become, in 
a measure, unavoidable; and, 'encour- 
aged by the successful issue of the 
engagement of the previous day, and in 
view of the valuable results which would 
ensue from the defeat of the army of 
General Meade, it was thought advisable 
to renew the attack.' The Confederate 
commander, however, made one mistake 
when he paused, on the eve of victory, 
on the afternoon of the ist. He made 



another mistake when he delayed his at- 
tack on the morning and forenoon of the 
2d. A vigorous assault made on the 
afternoon of Wednesday, or even on the 
early hours of Thursday, could scarcely 
have failed of success. Bent on invasion 
as he was, he flung away his opportuni- 
ties. By delaying as he did, he gave 
the National forces not only time to 
come up and concentrate in strong posi- 
tions in his front, but time to enjoy, after 
the fatigues of their march, some hours 
of refreshing rest. 

" It was still, however, early morning. 
The Confederate generals had not yet 
completed their plans. Meade was un- 
certain on what part of his line the first 
blow would be dealt, but he was guard- 
ing every point with scrupulous care. 
All was calm and still. There was a 
balmy sweetness in the summer air ; 
music in the woods; beauty in the land- 
scape. As the eye of the spectator on 
the heights fell upon the valley below, 
it was attracted by blooming orchards, 
by smiling fields, already growing yel- 
low with rich crops of ripening grain, 
by contented cattle grazing at will on 
the meadow, or lazily resting in the 
shade. Nature seemed all-unconscious 
of the terrible tempest of human wrath 
which was about to burst forth, and 
which was so soon to convert those 
scenes of peace and happiness into 
scenes of tumult and horror, to fill the 
air with the sounds of destruction and 
the shrieks of agony, to cover the val- 
ley and the hillsides with the ghastly 
bodies of the slain, and to deluge those 
fields and redden those streams with 
blood. 

" It was four o'clock in the afternoon 
before Lee had completed his arrange- 
ments for attack. There had been 
some lively skirmishing earlier in the 



THE ADMINISTRATION OF LINCOLN. 



759 



day. In the morning, Ewell's move- 
ments created the impression that an 
attack was about to be made on Culp's 
Hill ; and General Meade was disposed 
for a time to assume the initiative at 
that point ; but the ground being found 
unfavorable, and the enemy not making 
further demonstrations, the purpose was 
abandoned. General Sedgwick arrived 
on the field, with the Sixth corps, about 
two o'clock, having accomplished his 
long march with marvellous rapidity ; 
and General Meade immediately there- 
after directed Sykes, who, with the Fifth 
corps, had been in reserve on the right, 
to move over and take position as a 
reserve on the left. Meantime, General 
Lee had decided on his plan of assault. 
' It was determined,' he tells us, ' to 
make the principal attack on the enemy's 
left, and endeavor to get a position from 
which it was thought that our artillery 
could be brought to bear with effect. 
Longstreet was directed to place the 
divisions of Hood and McLaws on the 
right of Hill, partially enveloping the 
enemy's left, which he was to drive in. 
General Hill was ordered to threaten the 
enemy's centre, so as to prevent rein- 
forcements from being drawn to either 
wing, and to co-operate with his right 
division in Longstreet's attack ; General 
Ewell was instructed to make a simul- 
taneous demonstration on the enemy's 
right, to be converted into a real attack, 
should opportunity offer.' 

" Let us now see how this plan was 
carried out. It was Meade's intention, 
in posting his troops, to occupy the 
ridge continuously from Cemetery Hill 
to the Round Tops. Sickles had been 
instructed in the morning to form his 
corps in line of battle on the left of 



tend to the Round Top, occupying it, 
if practicable. At the point indicated, 
there is a depression on the ridge ; and 
General Sickles, believing that he would 
be more advantageously posted on the 
intermediate crest, about three-quarters 
of a mile in front, and along which runs 
the Emmettsburg road, assumed the 
responsibility of occupying that position 
It was not till within a few minutes of 
four o'clock, when General Meade ar- 
rived at this part of the ground in per- 
son, that he discovered the perilous 
position in which Sickles had placed 
himself, his men, and, indeed, the entire 
National army. Instead of connecting 
with the left of Hancock, Sickles had 
thrown his right flank forward some 
four hundred yards in front, thus leaving 
a gap between his right and Hancock's 
left ; his left, instead of being near the 
Round Top Mountain, was in advance 
of it; and his line, instead of being a 
prolongation of Hancock's line, made an 
angle of about forty-five degrees with 
that line. Meade expressed his disap- 
pointment, Sickles his regret; but it was 
too late to make any radical change. 
Sickles, undoubtedly, meant well ; but 
it was a weak, exposed, and otherwise 
faulty position. Round Top was really 
the key of the battle-ground ; and it was 
at once uncovered and unoccupied. Lee 
discovered at once the blunder which 
had been committed. In his report he 
says : ' In front of General Longstreet, 
the enemy held a position from which, 
if he could be driven, it was thought 
that our army could be used to advan- 
tage in assailing the more elevated 
ground beyond, and thus enable us to 
reach the crest of the ridge.' Sickles, 
who was thus singled out as the special 



Hancock's corps ; his right flank to rest j object of attack, was to pay dearly for 
on Hancock's left; and his left to ex- I his temerity. His interview with Meade 



HISTORY OF THE UNITED STATES. 



760 

had not ended ; the latter, in fact, was 
just expressing his fear that the enemy 
would not permit him to withdraw, and 
that there was no time for any further 
change or movement, when the Confed- 
erate batteries opened upon the position, 
and the action was commenced. 

" It was, as we have said, about four 
o'clock in the afternoon when the signal 
for battle was given. The signal came 
in the character of a terrific cannonade 
from the Confederate artillery. The 
National guns soon hurled back defiance. 
The din was deafening, and the air was 
alive with missiles of every description. 
This, however, was but the prelude to 
more desperate work. Meade did not 
lose his self-possession. Assuring Sickles 
of every assistance possible, he hurried 
off to give more general direction. 
Sickles' right, commanded by Humphrey, 
was disposed along the Emmettsburg 
road. On Humphrey's left the line was 
continued by Graham's brigade, of Bir- 
ney's division, as far as the Peach 
Orchard. At this point the remaining 
brigades of Birney's division — those of 
De Trobriand and Ward — were refused, 
and thrown back obliquely towards 
Round Top. The salient or apex of the 
angle was Sickles' weakest point. It 
was the point which most invited attack, 
and the driving in of which offered the 
greatest advantages. Under cover of a 
heavy artillery fire, and partially con- 
cealed by the smoke, Longstreet was 
seen to be pressing forward with his 
whole corps — nearly one-third of the 
Confederate army. Batteries were quick- 
ly got into position ; and Sickles was 
already under a most murderous fire, 
both of artillery and musketry. The 
Confederate flank, it was observed, ex- 
tended far beyond the National left. As 
Longstreet came up, with his warrior 



Book II., c. 32 



columns, defiance in their eyes and de- 
struction in their firm and steady tramp, 
his extreme right, under Hood, was seen 
to bend in towards the National left, and 
in the direction of Little Round Top. 
As the Confederate line draws near, it 
bends in more and more. It is evidently 
Longstreet's intention to overlap Sickles' 
left, and to fall with accumulated force 
on the extremity of his line. His pur- 
pose is quickly revealed. Rushing for- 
ward at the double-quick, the men in 
gray fell with tremendous energy upon 
Ward's brigade, who held the extremity 
of the National line. Ward was not un- 
prepared. This was the point which 
was struck first ; but Hood's men kept 
closing in along the whole of Birney's 
front, until the battle raged from the 
orchard to the base of Little Round Top. 
At the orchard, and along the refused 
line towards Little Round Top, the 
waves of battle surged and rolled for 
weary hours, victory now inclining to 
the one side and now to the other. 
Ward and De Trobriand and Graham 
performed prodigies of valor; Birney, 
too, and even Sickles, were ever at the 
point of danger, cheering the men by 
their words, and inciting them by their 
example; but no amount of valor or self- 
sacrifice could atone for the inherent 
weakness of the position. 

" Little Round Top was the objective 
point of this well-directed Confederate 
attack. It was the prize which the Con- 
federates wished to win, and which the 
Nationals wished to keep. We have 
already described this hill, and pointed 
out its connection with the general range, 
on the crest of which the National forces, 
for the most part, were posted. It is a 
steep and rocky spur of the loftier Round 
Top. It is bald and naked, its summit 
and its sides being cut up into ledges, 



THE ADMINISTRATION OF LINCOLN. 



761 



and covered with mighty boulders. 
This hill was destined to be the scene 
of one of the most heroic, and, at the 
same time, most savage encounters, 
during that awful, yet glorious, 2d of 
July, at Gettysburg. While the battle 
was raging along Birney's front, the 
fiery and impetuous Hood had discov- 
ered that Little Round Top was not 
occupied, and that only a thin curtain of 
soldiers — the Ninety-ninth Pennsylvania 
— hung in its front. If that position 
were in his hands, the whole army of 
Meade could not again dislodge him. 
Nay, more : the battle of Gettysburg 
would be the crowning triumph of the 
Confederate cause. Selecting his chosen 
band of Texans, his most trusted soldiers, 
he pointed out the black and rugged 
mass, and sent them on their mission. 
With the speed of lightning, they rushed 
forward to give effect to the behests of 
their chief. But they were too late. 
The path was blocked when they reached 
Plum Run, a stream which skirts the 
base of the hill on its western side. 

" Let us see how this came about. 
When the battle commenced, General 
Warren, Meade's chief-engineer, after 
having inspected Sickles' position in 
company with the general commanding, 
proceeded to Little Round Top, whence 
he had a magnificent view of the whole 
field of battle. He saw the first fierce 
onset of the enemy, and how nobly it 
was resisted by the division of Birney. 
But it was not that which fixed his atten- 
tion and engaged his thoughts. It was 
the unprotected condition of Little Round 
Top, the key of the National position, 
and the terrible consequences which 
must inevitably follow, if it should fall 
into the hands of the Confederates. 
There was no time for delay. The hill 
had been used as a signal-station ; and 



the signal-men, when they beheld the 
onward rush of the Confederate masses, 
commenced to fold their flags and other- 
wise to prepare for retiring. At this 
moment, the head of Barnes' division, of 
Sykes* corps, was approaching at the 
double-quick to reinforce Sickles. War- 
ren assumed the responsibility of detach- 
ing Vincent's brigade from that division, 
and ordering it upon Little Round Top. 
Hazlitt's battery, also, was immediately 
ordered up ; and by almost superhuman 
efforts, it was raised to the crest of the 
hill, and placed in position. Vincent so 
disposed his men around the base of the 
hill, that the approaches were guarded 
at every point. 

" The arrangements were completed 
not a moment too soon. Scarcely had 
Vincent's regiments — the Sixteenth 
Michigan, Lieutenant-Colonel Welch ; 
the Forty-fourth New York, Colonel 
Rice ; and the Twentieth Maine, Colonel 
Chamberlain — taken position behind the 
huge boulders, when, in the words of 
one of the officers present, there was 
heard ' a loud, fierce, distant yell, as if 
all pandemonium had broken loose and 
joined in the chorus of one grand, 
universal war-whoop.' Three lines deep, 
at double-quick, on they came. Hazlitt's 
battery opens upon them its murderous 
fire ; musketry blazes forth from behind 
every boulder ; but in vain. Those im- 
petuous Texans will not be checked. 
On, on they come in ever-increasing 
numbers. Assault follows assault ; but 
each time they are driven back, broken, 
bleeding and thinned, their dead and 
dying comrades left lying in heaps among 
the rocks. For over half an hour the 
savage contest lasted ; but Vincent's men 
stood firm; and being joined by Weed's 
brigade, of Ayres' division, also of the 
Fifth corps, the Confederates were 



y6i 



HISTORY OF THE UNITED STATES. 



Book II., c. 32 



driven from the slope and over the 
rocky ledges, and the position was 
secured. Not yet, however, was the 
struggle ended. Clinging to the rocky 
hollow which divides the Round Tops, 
they pressed forward, and, although 
received by a withering musketry fire, 
succeeded in turning the left flank of the 
brigade. At this stage, the fighting was 
furious. Chamberlain's Twentieth Maine 
fell upon their assailants with the energy 
of despair, and, with the butts of their 
muskets, clubbed them to death. The 
enemy was repulsed, but not destroyed. 
They still clung to the rocky hollow. 
Chamberlain's left flank was dangerously 
exposed. He called for help, but in 
vain. Suddenly the enemy began to 
show some signs of weakness ; and 
Chamberlain, finding his opportunity, 
rising to the dignity of the occasion, and 
yielding to the severe requirements of 
the emergency, ordered his men to fix 
bayonets, and, sweeping like a whirl- 
wind upon the now dispirited Texans, 
he drove them before him in utter rout. 
At this opportune moment, a brigade 
of the Pennsylvania reserves charged up 
the hill, under the personal leadership 
of General Crawford ; and the enemy, 
believing that heavy reinforcements had 
arrived, gave up the contest. The 
hollow ground between the Round Tops 
was cleared of the foe. Little Round 
Top, the key of the position, was secured. 
The victory was complete ; but it had 
been won at a great sacrifice. The 
slaughter had been terrible. It recalled 
the memory of Ball's Bluff, and the 
valley of the shadow of death, at Pitts- 
burgh Landing. The dead were found 
piled in heaps behind the rocks ; and the 
narrow valley was literally covered with 
the mangled bodies of the dead and 
wounded. The gallant Vincent had 



yielded up his life. Weed, too, had 
been killed ; and Hazlitt, when bending 
over the prostrate form of his chief, had 
received his death-wound. 

" While this struggle was going on 
for the possession of Little Round Top, 
there was even more severe fighting on 
Birney's right, and at the salient in the 
Peach Orchard. We have already seen 
that at the same time that Hood pushed 
his men on Birney's left, and worked his 
way through the gap between the left 
and the Round Top, he drew his line 
steadily in, and pressed more closely 
upon Birney's right, until the battle 
raged between the Round Top and the 
Peach Orchard. In this attack on 
Birney's right, and particularly on the 
salient at the orchard, Hood was assisted 
by McLaws, and eight regiments of 
Anderson's division, of Hill's corps 
Longstreet's great object was to break 
Sickles' line at the salient, or, as it 
may be called, the centre, and obtain 
possession of the orchard. The onset 
of Hood and McLaws on Birney's front 
was made with great vigor; and such 
was the pressure that Sickles was com- 
pelled immediately to send for reinforce- 
ments. It was in response to this call 
that Barnes' division, of Sykes', was sent 
forward. Vincent's brigade of this divis- 
ion was, as we have seen, detached by 
General Warren, and sent to hold Little 
Round Top. The other two brigades — 
those of Tilton and Sweitzer — hastened 
to the support of Birney. The struggle 
at this point was fierce and terrible. 
The Nationals made a gallant and deter- 
mined fight. The Confederates, how- 
ever, getting their guns into advanced 
positions, were able to enfilade the Na- 
tional line. The pressure was now 
irresistible. Sickles' men fell back. 
The National line was broken ; and the 



THE ADMINISTRATION OF LINCOLN. 



much coveted orchard was in possession 
of the enemy. 

" Birney, still resisting fiercely, made 
a gallant stand on a new position on 
wooded ground adjoining the wheat field, 
and intermediate between his last front 
and the Round Top. De Trobriand's 
brigade, which had fought most bravely 
since the first moment of the attack, and 
which had offered a most stubborn re- 
sistance to the advance of the enemy, 
after the occupation of the orchard, had 
by this time melted away. The battle 
was now at its height, and Sickles, who 
fearlessly exposed himself, was wounded 
and carried from the field. The com- 
mand, for the time being, devolved upon 
Birney. In his new position, he placed 
Sweitzer on his left and Tilton on his 
right. Here again, for a time, the battle 
raged with great fury. Attempts were 
again and again made to regain lost 
ground, and to repel the enemy's ad- 
vance. It was all in vain. Birney's 
original front had already been pierced ; 
and Barnes' brigades, after some stubborn 
fighting, had been compelled to fall back. 
Not yet, however, was the struggle to be 
abandoned. Hancock, made aware of 
the distressed condition of Birney, de- 
tached from his front Caldwell's splendid 
division, and sent it to his aid. Arrived 
on the already blood-stained wheat field, 
Caldwell pushed his men into action. 
Cross and Kelley were in advance, and 
were soon in the thick of the fight. 
The Confederates, as if gathering fresh 
strength, fell upon them with destructive 
fury. Both brigades were terribly pun- 
ished ; and the gallant Cross, whose 
bravery had been exhibited on many a 
battle-field, was killed. Caldwell then 
advanced his other two brigades, those 
of Brooke and Zook. At this moment, 
as one has put it, the ' hot battle boiled 



763 

and bubbled as though it were some 
great hell caldron.' Zook fell, mortally 
wounded, as he led his men into action. 
Brooke was more fortunate. He ad- 
vanced gallantly against the enemy, ami 
drove him from a strong position which 
he held under cover of the woods. Cald- 
well's troops performed deeds of valor ; 
and, for a moment or two, it seemed as 
if the tide of battle would be turned. 
But no. The Confederates come rushing 
forward in tremendous force, through the 
opening made at the Peach Orchard, 
and, falling upon him with resistless 
energy, envelop his right and penetrate 
almost to his rear. After losing one-half 
of his men, Caldwell, like Birney and 
Barnes, is compelled to retire. The victo- 
rious Confederates now rush through the 
woods, fall upon Sweitzer, who has joined 
in this last attack, and hurl him before 
them. Ayres has just come up, with two 
brigades of regulars, from the Fifth corps. 
In their onward and triumphant rush, 
the Confederates strike his right and 
rear and almost completely envelop 
him. It was only with great difficulty, 
and after much sacrifice, that he was able 
to fight his way back to his original line 
of battle. Ayres was thus made to share 
the fate of Birney, of Barnes, and of 
Caldwell. The Confederates have now 
reached the base of the hill. Here they 
halt, and well they may ; for the heights 
are crowned by the battalions of the 
Fifth and Sixth corps. Disorganized by 
their advance, and suffering terribly, al- 
though for the moment victorious, they 
hesitate as to what to do. The moment 
is opportune for a parting blow. Craw- 
ford, now on the heights with his brave 
Pennsylvania reserves, sees his opportu- 
nity, and turns it to account. Stealing 
down the heights, he flings his men on 
the triumphant but now baffled foe. A 



?6 4 



HISTORY OF THE UNITED STATES. 



Book II, c. 32 



severe struggle ensues for the possession 
of a stone wall. For a time, the battle 
rages at this point again with tremendous 
fury. The Confederates, eager to hold 
the position, offer a most stubborn re- 
sistance ; but they are ultimately driven 
back to the woods, beyond the wheat 
field, where they rest for the night. 

" Such was the end of the struggle, 
which for hours raged so fiercely on 
Sickles' left and left centre. The posi- 
tion held by that wing at the commence- 
ment of the contest, and which had been 
defended by Birney with so much valor, 
had been finally abandoned. In the 
original disposition of Sickles' troops, as 
we have seen already, Humphrey's divis- 
ion, with the brigade of Graham, held 
the right, above and beyond the salient, 
and facing to the west. Humphrey's 
position had been peculiar from the 
commencement of the fight. It will be 
remembered that on his right, in con- 
sequence of the advanced position of 
the corps, there was a gap of nearly half 
a mile between him and Hancock. For a 
time, after the action commenced on the 
left, Humphrey was left unassailed. 
When Birney was sorely pressed, and 
when the combined strength of Hood 
and McLaws was brought to bear upon 
the salient at the Peach Orchard, Hum- 
phrey was able to send assistance to the 
sister brigade. The Peach Orchard had 
been taken ; the Confederates had rushed 
through the gap in the National line; 
Birney had fallen back to the new posi- 
tion at the wheat field, where, reinforced 
first by Caldwell and then by Ayres, the 
tide of battle again surged and rolled 
like a tempest-tossed sea; but still Hum- 
phrey was unassailed. Why was this ? 
Let us see. In the disposition of his 
troops, as has already been noticed, Gen- 
eral Lee had so far extended his right 



beyond the National left, that it was able 
to overlap or outflank the latter by at 
least two brigades. The result of this 
was that Longstreet's left was pushed so 
far to the right that Humphrey was con- 
fronted not by Longstreet, but by Hill. 
Lee's instructions to Hill were that, in 
the first stages of the contest at least, he 
should content himself with making 
demonstrations against the enemy's 
centre, so as to prevent reinforcements 
being drawn to the assistance of either 
the right wing or the left. Thus it was 
that, while the battle raged most fiercely 
on his left, Humphrey remained un- 
touched. About six o'clock in the 
evening, and when Birney was about to 
fall back from his position facing south 
— a position which was nearly at right 
angles with the division on his right — 
Birney notified Humphrey that Sickles 
had been wounded, and that he was in 
command of the corps, and requested 
him also to fall back, so as to connect 
with his right. This meant that Hum- 
phrey, while holding on to the crest on 
the Emmettsburg road with his right, 
should swing back with his left, so as to 
make change of front, and at the same 
time keep the line intact. It was a most 
difficult operation; but it was performed 
with skill and success. As the im- 
mediate result of this manoeuvre, Hum- 
phrey's right was thrown entirely out of 
position; and when, finally, the whole 
left, and the troops which had been sent 
in support, were driven back, and the 
forces of Hood and McLaws came rush- 
ing through the gap thus created, his 
right was fearfully exposed, his own 
coolness and intrepidity alone saving it 
from complete destruction. Hancock — 
who was now in command of Sickles' 
corps, as well as his own — ever watch- 
ful, and seeing the exposed condition of 



THE ADMINISTRATION OF LINCOLN. 



765 



Humphrey's right, sent to its support 
two regiments, the Fifteenth Massachu- 
setts and the Eighty-second New York 
from Gibbon's division; and to protect 
him on the left, he pushed forward 
Willard's brigade, of Hays' division. 
At the same time that the triumphant 
Confederates, having pierced Sickles' 
line, were falling heavily on the left, 
Hill, abandoning his passive attitude, 
came down like a thunderbolt on the 
right. Humphrey was thus caught be- 
tween two fires. ' I was attacked,' he 
says, 'on my flanks, as well as on my 
front. I never have been under a hotter 
artillery and musketry fire combined. I 
may have been under a hotter musketry 
fire. For a moment, I thought the day 
was lost. I did not order my troops to 
fall back rapidly because, so far as I 
could see, the crest in my rear was 
vacant, and I knew that when troops got 
to moving rapidly, it was exceedingly 
difficult to stop them just when you 
wanted to stop them. At that moment, 
I received an order to fall back to the 
Round Top Ridge, which I did slowly, 
suffering a very heavy loss.' 

" Humphrey, in truth, was for some 
time in most difficult and critical cir- 
cumstances. His division, when left 
alone by the retirement of Birney, bore 
a general resemblance to the one side 
and the two ends of a parallelogram ; 
and, upon both his front and flanks, the 
enemy was rushing with demon-like fury. 
The attacking party, consisting of the 
brigades of Wilcox, Perry and Wright, 
from Anderson's fresh division, had not 
been engaged in the previous struggles 
of the day, having been held in readi- 
ness for this supreme effort, when the 
proper time should come. Humphrey 
was most savagely attacked by Wright ; 
but he cautiously retired his men until 



he reached the ridge in his rear, which 
was still, in consequence of the original 
mistake of Sickles, imperfectly protected. 
So fierce were the attacks, and so great 
was the pressure, that he was compelled 
to leave behind him three of his guns, 
the horses having been killed. Back to 
the base of the hill and up the crest he 
was compelled to move, the enemy still 
pressing heavily on his front. Wilcox 
and Wright were both well advanced. 
Cemetery Ridge, it will be remembered, 
is at this point slightly depressed. It 
was also, as we have pointed out al- 
ready, in consequence of the advanced 
position taken by Sickles, but imperfectly 
defended. Determined to effect a lodg- 
ment here, the Confederate battalions 
rush up the hill, past the National guns, 
and threaten to take possession of the 
ridge. A little more success, especially 
if well supported, and they will be 
almost masters of the position. Their 
apparent success, however, is to be their 
ruia. They are now within range of the 
musketry of the Second corps, which lies 
concealed behind a stone wall. The 
men of the Second rise before them like 
an apparition. The stone wall seems to 
blaze. The Confederates, reeling and 
staggering under the terrific volley, 
fall back, leaving their comrades in 
slaughtered heaps on the blood-stained 
ground. 

" Not yet, however, was the contest 
abandoned. The Confederates seemed 
confident in the thought that the attack 
would become general, and that thus 
they would be able to hold their ad- 
vanced position. In this expectation, 
they were doomed to disappointment. 
Posey and Mahone, of Anderson's divis- 
ion, did not advance. Pender's divis- 
ion and that of Hcth to his left re- 
mained inactive. Perry's brigade had 



766 



HISTORY OF THE UNITED STATES. 



Book II., c. 32 



been driven back ; but the brigades of 
Wilcox and Wright kept their face to 
the foe, and performed prodigies of 
valor. But it was all in vain. The 
National position was momentarily gain- 
ing strength. Meade had been busy 
filling up the gap between the corps of 
Hancock on the right and that of Sykes 
on the left. Both those corps were 
drawn upon largely to meet the emer- 
gency. A large portion of the First 
corps and the greater portion of the 
Twelfth were brought over from the 
right, to strengthen the weak and men- 
aced left. Sedgwick's troops, too, al- 
though weary and footsore with the 
long march which they had just accom- 
plished, gladly responded to the call 
which was made upon them, and came 
to the front. The series of charges and 
counter-charges, made at this part of 
the line for the possession of the ridge, 
gave to some of the regiments and brig- 
ades splendid opportunities for winning 
distinction. The First Minnesota, com- 
ing up at a critical and most opportune 
moment, performed gallant service, and 
mightily increased its already rapidly 
rising reputation. The same was true, 
to a greater or less degree, of the Thir- 
teenth Vermont, of the One Hundred 
and Forty-ninth and One Hundred and 
Fiftieth Pennsylvania regiments; and 
Lockwood's Maryland brigade, of Ru- 
ger's division, of the Twelfth corps, on 
that second day of July, on the National 
left, covered itself with glory. The Con- 
federates had now well-nigh exhausted 
themselves. Their losses had been 
heavy. Some of their best and most 
daring officers had fallen. Barksdale, 
the most impetuous leader of the bold- 
est attack which had been made in that 
direction, was lying, in his death-agony, 
inside the National lines. Gathering up 



his strength for another and closing 
effort, Hancock fell upon the persistent 
foe with tremendous energy. It was all 
that was needed. The Confederates were 
driven back, with great loss and in much 
confusion ; and, as it was now dusk, the 
fighting ceased. In this final charge, 
Humphrey's little band took part; and 
the general had the satisfaction of recap- 
turing and bringing back his lost guns. 
Thus ended the great struggle on the 
National left. The position held by 
Sickles in the forenoon was lost ; but 
Little Round Top had been secured, and 
the enemy had failed to effect a lodg- 
ment on Cemetery Hill. What the Con- 
federates had now won was but sorry 
compensation for what they had lost. 
Before morning, Little Round Top will 
be rendered all but impregnable ; and 
what with the shattered remnants of 
Sickles' divisions, and the divisions of 
Doubleday and Robinson, from the First 
corps, and a powerful detachment, under 
Williams, from the Twelfth, a new line 
will be formed where the original line 
ought to have been, and the National 
front will be closed. 

" Such was the issue of events on the 
National left. Let us now turn our 
attention to the National right. This 
position, it will be remembered, was 
held by Slocum, by Wadsworth's divis- 
ion, of the First corps, and by How- 
ard, and in the order named, Slocum 
being on Culp's Hill, at the extreme 
right. Opposed to these, on the Con- 
federate left, were the forces of General 
Ewell. According to the order given 
by General Lee to his corps command- 
ers, Ewell, when Longstreet had fallen 
on the National left, was to attack 
' directly the high ground on the ene- 
my's right, which had already been 
' partially fortified.' For some unex- 






THE ADMINISTRATION OF LINCOLN. 



76; 



plained reason, the attack was not made 
until about six o'clock. During the 
two hours which had elapsed since the 
fighting commenced on the left, Meade, 
discovering no signs of any aggressive 
movement on the part of Ewell, sent 
detachment after detachment to the as- 
sistance of the left. The whole of the 
Twelfth corps, with the exception of 
Greene's brigade, of Geary's division, 
had thus been hurried away. The re- 
sult was that the forces on the right 
were greatly reduced, and that the po- 
sition was comparatively unprotected. 
But for the nerve of Greene, this unfor- 
tunate arrangement might have proved 
ruinous to the National army, and de- 
cided the fortunes of the day. Between 
Cemetery Hill and Culp's Hill there 
is a little ravine or depression which 
marks the end of the one hill and the 
beginning of the other. To the left of 
this ravine, and extending around the 
breast of Cemetery Hill, was Howard's 
corps, under cover of the stone wall, 
the summit of the hill being crowned 
by the batteries of Wiedrich and Rick- 
etts. To the right of the ravine, and on 
the extreme left of Culp's Hill, guarding 
the ravine and the approaches from the 
town, was Stevens' Maine battery, which 
had done some excellent work during 
the action of the first day. On the right 
of the battery was the breastwork which 
had been thrown up by Wadsworth, and 
which, being carried around the hill, was 
taken up by Greene. Greene had re- 
fused his right and carried his breast- 
work back so as to protect his flank. 
On Benner's Hill, a little to the north- 
east of Culp's Hill, Ewell had planted 
his advance batteries. 

"About six o'clock, the Confederate 
guns on Benner's Hill opened a tre- 
mendous fire. The National guns were 



quickly got in range ; and an eye- 
witness has told us that in about twenty 
minutes the batteries on Benner's Hill 
were ' knocked into pi! The sun was 
already near his setting, and the fire of 
the Confederate guns was noticeably 
slackening, when Ewell pushed forward 
from the town the two divisions of Early 
and Johnson — the former on Cemetery, 
the latter on Culp's Hill. Early's 
columns consisted of the brigades of 
Hays and Hoke, and were headed by 
the famous Louisiana Tigers. On they 
came in magnificent array. A terrible 
reception they knew awaited them ; but 
there was neither fear in their looks nor 
trembling in their footsteps. When 
within eight hundred yards, Stevens 
opened upon them with all his guns, 
Wiedrich and Ricketts speedily joining in 
the chorus. Quickly wheeling into line, 
they dash up the hill, a very tempest of 
shrapnell and canister falling upon them, 
and ploughing huge gaps in their un- 
masked front. Fearless of the death- 
dealing batteries, and heedless of the 
cries of agony which come from com- 
rades falling by their side, on they press. 
They are now within musket-range of 
the stone wall. W r hile the batteries arc 
being fired at the rate of four shots a 
minute, Howard's men leap from their 
concealment, and pour volley after 
volley into their already decimated ranks. 
On their left, and at the centre, the Con- 
federates are beaten back. Their right, 
however, pushes on with a stubbornness 
which is heroic, and with an energy 
which is irresistible. With one wild 
leap, and uttering their accustomed yell, 
they clear the stone walls. Nationals 
and Confederates are now mixed up in 
inextricable confusion. Stevens, fearful 
lest he should be killing friend as well 
as fo?, is compelled to cease firing. 



768 



HISTORY OF THE UNITED STATES. 



Book li., c. 32 






Wiedrich's battery is overrun, his sup- 
ports and his own men being swept away 
as with the force of a whirlwind. At 
Rickett's battery, a tremendous struggle 
takes place. It is man to man — hand to 
hand. Bayonets are crossed ; guns are 
clubbed, and when these fail, hand- 
spikes, rammers, stones are freely used. 
' Death on our own State soil, rather 
than give up the guns ! ' — such was the 
cry of the brave cannoneers. 

"The situation really had become 
critical. Howard's men had been broken 
and demoralized by the fierceness of the 
onset. At this critical moment, help 
arrived. Carroll's brigade, voluntarily 
sent by Hancock when he heard the 
firing, rushed upon the scene. The Con- 
federates, surprised by this fresh opposi- 
tion, fell back in confusion; and Ricketts' 
men, again at their guns, gave them a 
parting salute in the form of double- 
shotted canister. Such was the end of 
Early's grand charge, led by the famous, 
and hitherto invincible, Louisiana tigers. 
The tigers went back bravely, 600 
strong, and were never afterwards known 
as a separate organization. 

" While this daring and desperate but 
unsuccessful effort was being made for 
the possession of Cemetery Hill, a no 
less daring and equally desperate effort 
was made for the possession of Culp's 
Hill, on the extreme right of the Na- 
tional line. The attack was made, as 
we have already indicated, by Johnson's 
division, of Ewcll's corps, and was led by 
the redoubtable ' Stonewall brigade.' 
The position, as we have seen, was held 
by Wadsworth's division, of the First 
corps, and by Greene's one brigade of 
the Twelfth. In the absence of the 
greater portion of the Twelfth corps, the 
works which had here been thrown up, 
and which were of considerable strength, 



were peculiarly at the mercy of a daring 
antagonist. Sweeping across Rock- 
creek, which at this season of the year is 
easily fordable, the attacking columns, 
fired with the spirit of their former leader, 
rushed through the woods, which spread 
out from the base of the hill and down 
towards the creek. As yet, they have 
encountered no resistance ; for the Na- 
tional skirmishers, thrown out towards 
the front, yield and fall back at the first 
touch. They are now in full view, and 
within musket-range of the breastworks, 
behind which Greene and Wadsworth 
are intrenched. The breastworks blaze; 
and there is heard the sharp, clear rat- 
tling, as of thousands of musket shots. 
Volley succeeds volley with amazing 
rapidity; and before this murderous fire, 
the Confederate battalions for a moment 
recoil. Discovering that the breast- 
works to Greene's right are unoccupied, 
they make another tremendous rush, 
and, almost unresisted, gain a foothold 
within the National lines. The burden 
of the attack now falls upon Greene. 
This veteran soldier had but few men ; 
yet he had a brave heart and an enduring 
spirit ; and happily, too, he had strongly 
secured his right flank by a powerful 
earthwork. On this point, the Confed- 
erate leader concentrates his strength. 
Assault after assault is made, but in 
vain. Greene makes a gallant resistance, 
repelling every advance of the foe with 
tremendous loss; and Wadsworth, no 
longer so sorely pressed on his front, 
comes nobly to his aid. Such was the 
state of things when darkness fell upon 
the scene, and Ewell, happily for the 
National army, discontinued the contest. 
Greene still held his position ; and John- 
son's men occupied the vacated breast- 
works. So ended the second day's fight- 
ing at Gettysburg. Both sides had 




49 



(769) 



HISTORY OF THE UNITED STATES. 



Book II.. c. 32 






suffered severely. General Meade lost 
10,000 men. The Confederate loss must 
have been much greater. 

" General Lee was not dissatisfied with 
the result of the day's fighting. It was 
his belief that, from the success which 
had attended the efforts of the day, ' he 
would ultimately be able to dislodge the 
enemy.' It was his determination, there- 
fore, to continue the assault next day. 
Nor, it must be admitted, was General 
Lcc without good reason for so regard- 
ing the situation. Longstreet, if he had 
not been completely successful, had 
driven the Nationals before him, and oc- 
cupied the whole front held by Sickles 
and his Third corps at the commence- 
ment of the fight ; Ewell, having thrust 
his extreme left inside the breastworks 
on the National right, held a position 
from which, if he was not driven, he 
might be able to take Meade's entire line 
in reverse ; and although the losses on 
the National side could not be greater 
than his own, they had been so heavy 
as to warrant the opinion that.they would 
have a demoralizing influence on the 
troops. On the whole, Lee was not to 
be blamed if he arrived at the conclusion 
that fortune was on his side. If he had 
known more, he would have known that 
the battle was lost when Ewell allowed 
the darkness to interrupt the *fighting ; 
for, knowing what we know now, there 
is scarcely room for doubt that, if that 
general had pushed his advantage, he 
might have played havoc with the trains, 
and forced the whole National army 
into an inglorious retreat. As it was, 
Lee's inferences were more reasonable 
than just or correct: for the position 
gained in front of the National left was a 
gain more apparent than real ; and, 
before the morning light, the front of the 
left will be restored, and made strong 



and secure in what was intended to be 
its original position, and the troops with- 
drawn on the previous day, unwisely, 
and at serious peril, will be massed 
again on the exposed and almost de- 
fenceless right. It was not, therefore, 
without good reason that, while Lee was 
counting with confidence on victory on 
the morrow, Meade and his generals, in 
council assembled, should have resolved 
to abide in their position, and to ' fight 
it out at Gettysburg.' 

"During the darkness, Johnson's 
force, which had gained a position of 
advantage, held close to Culp's Hill. 
His numbers were largely increased; 
and the position was strengthened. 
Meade, however, determined to con- 
tinue the fight, was not idle. A large 
number of guns were got into position, 
so as to bear upon the point entered and 
held by the enemy. Geary's division, in 
obedience to orders, returned to occupy 
the abandoned works. When moving 
towards them, all unsuspicious of dan- 
ger, the advance was suddenly arrested 
by a volley from behind a stone wall. 
It was not until then that Geary became 
aware that the works were in the posses- 
sion of the enemy. He then took posi- 
tion on the right of Greene ; and his 
men, disturbed only by the occasional 
firing of skirmishers, slept on their arms. 
Later, Williams' division, of the same 
corps, now under Ruger — Williams hav- 
ing assumed chief command — came up, 
and was posted on the flank and rear 
of the enemy. 

"As early as three o'clock on the 
morning of the 3d, there were signs of 
activity in the enemy's front. It was 
evident that an attack was intended ; and 
Geary, having been informed by General 
Kane, who commanded his first brigade, 
of what was going on, resolved to seize 



THE ADMINISTRATION OF LINCOLN. 



7/1 



whatever advantage might be gained by- 
opening the battle himself. His men 
were aroused ; and at twenty minutes 
before four o'clock, he gave the signal 
for attack by discharging his pistol. The 
battle, at once became general. A fear- 
ful struggle ensued. A heavy artillery 
fire was opened at once on the enemy's 
position. But, as the ground was rugged 
and broken and also covered with trees, 
and as every advantage was taken of 
places of shelter and concealment, the 
fight partook very much of the character 
of sharpshooting on a grand scale. As 
the battle progressed, the contestants 
got intermingled ; and it became more 
and more difficult to use the artillery. 
The Confederates not only held their 
position, but charged again and again, 
in heavy masses, on the National lines, 
only, however, to be repulsed with 
tremendous loss. The slaughter was 
terrible. The sun arose ; the day ad- 
vanced ; the air became clouded with 
dust and smoke ; the heat became 
almost intolerable ; but still the battle 
raged. At last there is a lull in the 
long-continued tempest. Then, sud- 
denly, there is a fierce yell from thou- 
sands of throats ; and Ewell's men, hav- 
ing gathered up their strength for a final 
effort, are seen rushing forward with 
tremendous fury. They are allowed to 
come within easy musket-range, when 
the men in blue, springing to their feet, 
pour in upon them a deliberate volley. 
It was the last charge on this part of the 
line. Discomfited and discouraged, 
torn and bleeding, their dead and 
wounded companions piled in heaps on 
the ground where they fell, the survivors 
drew back through the woods towards 
Rock creek, fighting, as they retired, 
with a courage which commanded the 
admiration of their foes. Shouts of 



victory now filled the air. ' Men,' says 
one who was present, and shared in the 
triumph, ' cheered themselves hoarse, 
laughed, rolled themselves on the 
ground, and threw their caps high in 
air, while others shook hands with com- 
rades, and thanked God that the Star 
corps had again triumphed.' Geary, 
not disposed to allow the Confederates 
to reform, as soon as this charge was 
repelled, made a vigorous countercharge ; 
and the enemy yielding easily, the breast- 
works were reoccupied, and the riyht 
flank secured. Thus ended the fi<jhtin£ 
on the right. 

" Evvell had been completely baffled 
in his plan. He had flung away his 
opportunity the night before ; and, to 
reclaim it, he had now done his best, and 
failed. He could not find fault with his 
men ; for never, even under Jackson, had 
they fought more bravely. ' It cannot 
be denied,' says General Kane, who, 
with his glorious first brigade of Geary's 
division, bore the burden of that morn- 
ing's fight, ' that they fought most cour- 
ageously.' But they were pitted against 
men of equal bravery, of equal deter- 
mination with themselves — men who 
were now on their own soil, and fight- 
ing for the sanctity of their own homes. 
Never, perhaps, before, since the war 
commenced, had the fighting been more 
determined and severe than it was during 
those long, dreary morning hours. The 
ground, after the battle, red with gore, 
and thickly covered with the bodies of 
the slain, gave evidence of the terrible 
character of the struggle. The gray 
and the blue uniforms were sometimes 
found in one common heap. Some poor, 
fellows, after hours of suffering, and hav- 
ing almost bled to death, were found 
writhing in mortal agony. The wood in 
which the battle raged was ' torn and 



72 



HISTORY OF Till-: UXITED STATES. 



Book II., c. 32 






rent with shells and solid shot, and 
pierced with innumerable minie balls.' 
In the following summer, the trees were 
Icaficss, as if the mute but stalwart 
giants of the forest had yielded up their 
lives with those who fell beneath their 
shade. 

" It was now shortly after ten o'clock. 
The last sounds of battle had died away. 
There was silence over the whole battle- 
field. It was evident, however, that 
preparations were being made inside the 
Confederate lines for another gigantic 
and possibly crowning effort. The morn- 
ing sky had been obscured by broken 
clouds. As the forenoon advanced, the 
clouds dispersed; and a hot July sun 
poured down his rays with a tropical in- 
tensity. Pickett's division, of Long- 
street's corps, which had not come up on 
the previous day, had now arrived on 
the field. Stuart, also, after his long 
detour, had joined Lee with his cavalry. 
It soon began to be manifest that the 
point of attack was to be the National 
left centre — the depressed part of the 
ridge immediately north of Little Round 
Top. By noon, the guns were got into 
position on the ridge occupied by Long- 
street and Hill. Meade had an abundant 
supply of the same instruments of war ; 
but, owing to the -peculiarity of the 
ground, he could only, out of 300 guns, 
make use of 80, against those of the 
enemy. About one o'clock, the report 
of a Whitworth gun was heard. It was 
the signal for attack. Seminary Hill 
seemed as if swept with a tongue of 
flame. Then came the loud, thundering 
roar of artillery; and 145 guns, from 
their angry mouths, poured death and 
destruction on the National lines. The 
National commanders ordered their men 
to lie flat on the earth, and to take every 
advantage of objects of protection. All 



this was done ; but, notwithstanding 
every precaution, the destruction of life 
and property was terrible. Solid shot, 
chain-shot, shrapnell, shells, fell with 
deadly effect inside of the National lines. 
Men and horses were dreadfully cut up; 
caissons filled with ammunition were ex- 
ploded ; and gun-carriages and other 
pieces of war-material were shattered to 
pieces. The shot and shell and canister 
fell thick and fast in and around General 
Meade's headquarters, killing men and 
horses, ripping up the roof and knock- 
ing away the pillars of the cottage. 

" General Hunt, Meade's chief of ar- 
tillery, was in no haste to reply. Wait- 
ing until the first hostile outbreak spent 
itself, he then ordered the batteries to 
open fire. Instantly, the whole ridge, 
from Cemetery Hill to the Round Tops, 
seemed ablaze. The din was terrific, the 
thunder of artillery rivalling, in fierce 
grandeur, the most magnificent displays 
of nature. For two hours this artillery 
duel lasted ; and, during that time, war 
was exhibited in its sublimer and more 
imposing aspects. In his Decisive Battles 
of the War, Swinton tells us that ' as a 
spectacle this, the grandest artillery 
combat that ever occurred on the con- 
tinent, was magnificent beyond descrip- 
tion, and realized all that is grandiose in 
the circumstance of war.' A spectator 
in the Confederate army says ' the air 
was made hideous with discordant noises. 
The very earth shook beneath our feet ; 
and the hills and rocks seemed to ree 4 
like a drunken man.' 

"At the expiration of two hours, there 
was a lull in the cannonade. Hunt, 
dreading the possible exhaustion of his 
ammunition, and not willing to bring up 
loads of it from the rear, lest it should 
be exploded, had ordered a gradual 
slackening of the fire. The Confederates 



THE ADMINISTRATION OF LINCOLN. 



771 



were deceived. It was Lee's belief that 
he had silenced all the enemy's guns, 
except a few which still kept firing from 
a clump of woods. . Now came the more 
serious business of war. The fire of the 
Confederate guns also slackened ; and 
the columns of attack were seen forming 
on the edge of the woods which crown 
the summit of Seminary Ridge. It was 
just three o'clock. When formed, the 
front was about a mile in extent; and, 
as it emerged from the woods, and began 
to move steadily and firmly down the 
slope of Seminary Ridge, a thrill of ad- 
miration passed through the National 
ranks. It was a splendid sight, and well 
fitted to call forth admiration, even in 
the breast of an enemy. The divisions 
of Hood and McLaws, as we have seen, 
had been sorely tried in the fighting of 
the 2d ; and it was part of the arrange- 
ment of Longstreet, who this day again 
was to play the part of the aggressor, 
that these divisions should cover his 
right flank, while he made the attack. 
The fresh division of Pickett, composed 
mostly of veteran Virginians, was, there- 
fore, singled out, and appointed to lead 
the van. Pickett's men were formed, 
arranged in double line of battle, the 
brigades of Kemper and Garnett being 
placed in front, and that of Armistead 
slightly in the rear. On Pickett's ad- 
vanced right was one brigade, of Hill's 
corps, under General Wilcox, formed in 
column by battalions; and on his left, 
but somewhat in the rear, was Heth's 
division, also of Hill's corps, commanded 
by Pettigrew. The attacking force num- 
bered about 18,000 men. On came the 
Confederates in the order which we have 
described. The distance between the 
two lines of battle was about a mile. 
For the attacking party, there was a hill 
to descend and a hill to climb, and a 



valley between. It was matter of ob- 
servation that, as the columns advanced, 
the Confederate guns were silent. 
'Why?' was the question put by the 
men who were rushing into the jaws of 
death. 'Why?' said the men on the 
heights behind. 'Why?' said the Na- 
tionals on the heights in front. The 
reason was not known till afterwards. 
It was not then known to Lee himself. 
His ammunition was already exhausted. 
The silence of the guns in their rear did 
not affect the firm and steady step of the 
advancing columns. It did not encour- 
age the Nationals to slacken their artil- 
lery fire. On came Longstreet's men, 
in face of the withering tempest of bullet 
and canister and shell which, at each 
successive step, decimated their front. 
On, on they came ; and it was already a 
question in the National ranks whether 
their own thin line of defence could re- 
sist the fierce onset of those firm and 
compact battalions who seemed to fear 
no fire, to dread no foe. 

" The Nationals, however, were not 
ill-prepared for the attack. Doubleday 
was on the left, with Stannard's brig- 
ade, of Vermont troops, well advanced 
in a little grove on his own right, and 
at an angle with the main line. Han- 
cock was more to the right, with his 
two divisions, of Gibbon and Hays, in 
front. From the direction in which the 
assaulting columns were moving, it 
seemed for a time as if the first heavy 
blow would fall upon Doublcilav. 
Such, however, was the severity of the 
artillery fire from Little Round Top, 
that they were forced to bend more to 
their own left. Still they moved on, 
their line of march now bringing them 
more directly in front of Hancock's 
position. Now came the opportunity 
for Stannard's brave Vermonters. In 



774 



HISTORY OF THE UNITED STATES. 



Book II., c. 3e 



the original line of march, the direction 
was such that Pickett's centre would 
have struck the grove in which Stan- 
nard's men were sheltered. The doub- 
ling in towards their own left carried 
the attacking columns somewhat to the 
north of the grove, but only so far 
north as to leave their exposed right 
flank within easy range of Stannard's 
muskets. The Vermonters were in no 
haste to waste their ammunition. The 
Confederate columns were allowed to 
come so well forward that their right 
flank was fully exposed. Then, at the 
signal given, the Vermont men pour 
forth a well-directed and most destruc- 
tive fire. Volley succeeds volley in 
rapid succession; and the now trem- 
bling lines, already torn and tattered, 
are under the oblique fire of eight bat- 
teries, in charge of Major McGilvray. 
Not a few of Pickett's men, unable to 
endure this terrific fire, were compelled 
to surrender. The main body, how- 
ever, presses on; and inclining still 
more to his own left, Pickett is moving 
straight on the divisions of Gibbon 
and Hays. ' Hold your fire, boys ! 
they are not near enough yet,' was Gib- 
bon's injunction, as he moved calmly 
and composedly along the ranks. The 
rifled guns of the National artillery, 
having fired away all their canister, 
wore now withdrawn to await the issue 
of the struggle between the opposing 
infantry. The hostile lines are now 
within two and three hundred yards of 
the National front. Gibbon and Hays 
simultaneously open upon the advanc- 
ing columns a most destructive fire. 
The response is swift and well directed, 
the Confederates using their muskets for 
the first time since they began to face this 
terrific storm of artillery and musketry. 
All at once the battle becomes general. 



" The swing made by the advancing 
columns to their own left, after the 
terrific blow received by them from 
Stannard, had the effect of flinging 
Pettigrew, who commanded Heth's di- 
vision, of Hill's corps, well towards 
Hays' right. Pettigrew's men were, 
for the most part, North Carolina 
troops, and were comparatively raw 
and unused to battle. They had been 
deceived into the belief that they 
would meet only the Pennsylvania mili- 
tia. They were quickly undeceived. 
Hays' men were admirably posted. 
His right was well advanced ; and the 
nature of the ground was such as to 
enable him to open a simultaneous fire 
on Pettigrew's troops, not only with 
his right and front, but also with 
several lines in his rear. Woodruff's 
battery was also in position ; and the 
destructive effects of a very tempest 
of bullets were to be aggravated by 
showers of grape and canister. All at 
once, this tremendous fire fell upon the 
already torn and decimated lines on 
Pickett's left; and they knew they were 
in the presence of the army of the Po- 
tomac." We here omit some sentences 
in Wilson in this connection, because we 
do not think he deals with his usual 
accuracy in details, especially in refer- 
ence to the North Carolina forces under 
Pettigrew. It is due to the memory of 
these brave men that it should be re- 
corded that at this juncture, when the 
brunt of the battle for a time fell mainly 
upon them, and after their ranks were 
decimated and their gallant commander 
wounded and borne from the field, few 
troops ever met the tide of unequal con- 
flict with more valor than they did. 

But to proceeo with Wilson's account. 

" While disaster was thus befalling 
the Confederate columns on the riizht 



THE ADMINISTRATION OF LINCOLN. 



775 



> and left, Pickett's brave Virginians were 
pressing forward vigorously towards 
Gibbon's front and were about to fall 
with all their weight on Owen's brigade, 
now temporarily commanded by General 
Webb. This brigade comprised the 
Sixty-ninth Pennsylvania — Owen's own 
— composed mostly of Irishmen, re- 
nowned for their gallantry in the Penin- 
sula ; the Seventy-first, originally re- 
cruited and led by Baker, who perished 
at Ball's Bluff, and now commanded by 
Colonel R. Penn Smith ; and the Seventy- 
second, commanded by Colonel Baxter. 
It was a veteran brigade, and was now to 
be sorely tested. General Gibbon, to 
allow the artillery to play upon the ad- 
vancing column with grape-shot, had 
ordered this brigade to fall back behind 
the batteries. The Sixty-ninth and the 
Seventy-first took position behind a low 
stone wall, with a slight breastwork in 
front : the Seventy-second was behind 
the crest, some sixty paces in the rear, 
and was so placed as to be able to fire 
over the heads of those in front. In 
spite of the dreadful fire of artillery and 
musketry which was mowing down their 
ranks, Pickett's men rush bravely on. 
They are now close to the stone wall. 
The two National regiments in front yield 
and fall back to the regiment in the rear. 
Webb and his officers are at hand ; the 
retreating regiments are quickly rallied 
and re-formed ; and the second line is 
held. But the Confederates have pushed 
themselves over the breastworks, and 
planted their battle-flags on the wall. 
The struggle now becomes fierce and 
terrific in the extreme. It is a hand-to- 
hand conflict, man facing man, and fight- 
ing with the energy of despair. The 
clothes of the men are actually being 
burned by the powder of the exploding 



refusing to retire, are clubbed and bay- 
oneted at their guns. Pickett, however, 
is now left entirely alone. The forces 
which were intended to cover his left 
have been defeated, captured, or driven 
from the field. Wilcox, whose duty it 
was to come up and cover his right, has 
failed to advance. The right of his own 
division has been badly cut up and de- 
stroyed. Hancock, who this day revealed 
all the qualities of a great commander in 
actual conflict, now massed his men on 
the point which was in danger. Hall 
and Harrow, who had now no longer an 
enemy in their front, were brought over 
with their brigades to reinforce the 
centre. The Nineteenth Massachusetts, 
Colonel Devereux, and Mallou's Forty- 
second New York, both of Gates' brig- 
ade, of Doubleday's division, of the First 
corps, were moved in the same direction. 
Stannard, at the same time, moved for- 
ward two of his Vermont regiments to 
strike the enemy on the right flank. The 
situation, Hancock tells us, had now be- 
come very peculiar. ' The men of all 
the brigades had, in some measure, lost 
their regimental organization, but, indi- 
vidually, they were firm. The ambition 
of individual commanders to cover the 
point penetrated by the enemy, the smoke 
of the battle and the intensity of the en- 
gagement caused this confusion. The 
point, however, was covered. In regular 
formation, our line would have stood four 
ranks deep.' Pickett's men were now 
pressed on all sides. The colors of the 
different National regiments were well 
advanced. Cheered by the words, and 
fired by the example of their officers, the 
men pressed bravely forward. It is the 
climax of the fight ; but the end is 
at hand. Pickett's men had done their 
best and their utmost — they had fought 



cartridges ; and the National cannoneers, like true heroes ; but now, utterly over 



7/6 



HISTORY OF THE UNITED STATES. 



Book II., c. 



powered, and reduced to the last stage 
of desperation, they give up the fight. 
Flinging their arms from them, many of 
them raise their hands in token of sur- 
render ; others fall upon the ground to 
escape the destructive fire ; the remainder 
seek safety in flight. 

" In this last struggle, Gibbon's divis- 
ion took 12 colors and 2,500 prisoners. 
So far, Hancock had captured 27 battle- 
fl igs and 4,500 prisoners. It was a 
magnificent trophy. The losses on both 
sides were very heavy. The face of the 
hill and the low ground was literally 
covered with the dead and wounded. In 
no previous battle had the officers suf- 
fered so severely. On the National side, 
large numbers had been struck down, 




WINFIELD SCOTT HANCOCK. 

Generals Gibbon and Hancock being 
among the wounded. The Confederates 
left on the field fourteen of their field- 
officers, only one of that rank escaping 
unhurt; and, of the three brigade com- 
manders, of Pickett's division, Garnett was 
killed, Armitage fell within the National 
lines, fatally wounded, and Kemper was 
carried off the field, dangerously hurt. * * 
" What remained of the broken and 
shattered Confederate columns, after hav- 
ing been driven across the lower ground 



and terribly punished by the National 
artillery, was at length covered by 
Wright's brigade, which had been moved 
forward by Lee for that purpose, and 
was thus finally brought back within the 
lines on Seminary Ridge. Lee did not 
choose to resume the attack ; and Meade 
did not follow up the victory. The 
armies, when night came, had resumed 
their respective positions on the opposing 
heights. Thus was fought, for three 
weary days, and thus was ended, the 
famous battle of Gettysburg — 'the 
greatest in respect of its proportions, and 
the weightiest in respect of the issues 
involved, of all the actions waged during 
four years, between the mighty rival 
armies of the East.' The losses alone 
entitle it to rank with the first-class 
battles of history. The Confederate loss 
reached the enormous aggregate of 
36,000 men, of whom 5,000 were kilied, 
and 23,000 wounded. The National loss 
was 23,000, of whom 2,834 were killed, 
13,733 wounded, and 6,643 missing. * * 
" Lee's disappointment, by the com- 
plete failure of his attack on the 3d, must 
indeed have been great. His dream of 
invasion was at an end. A second time 
he had entered the Northern States in 
triumph. A second time he had been 
compelled to abandon his purpose, and 
to fall back towards Richmond. This 
time, he had confidently believed that 
victory was within his grasp. After an 
effort so mighty and so persistent, and 
after a failure so decided, he could hardly 
hope for another opportunity. One of 
his colonels, who was present at his 
headquarters when, on the third day, the 
attacking columns broke and fell back 
in wild disorder, says, speaking of Lee: 
' If Longstreet's behavior was admirable, 
that of General Lee was perfectly sub- 
lime. He was engaged in rallying and 



THE ADMINISTRATION OF LINCOLN 



777 



encouraging the broken troops, and was 
riding about, a little in front of the wood, 
quite alone — his staff being engaged in 
a similar manner, further to the rear. 
His face, which is always placid and 
cheerful, did not show signs of the 
slightest disappointment, care or annoy- 
ance ; and he was addressing to every 
soldier a few words of encouragement, 
such as, 'All this will come out right in 
the end: we will talk it over afterwards; 
but, meanwhile, all good men must 
rally.' lie had words of kindness for the 
wounded, many of whom, as they were 
carried past, took off their hats and 
cheered him. 'Wc cannot expect,' he 
said, 'always to win victories.' To Wil- 
cox, when he came up with his shattered 
division, he said, 'All this has been my 
fault; it is I who have lost this battle." 
Imboden has preserved for us a touching 
picture of the general, as he saw him 
about one o'clock on the morning of the 
4th of July. He had been sent for by 
Lee, who directed him to wait for him 
at his own headquarters. When Lee 
joined him, there was not even a sentinel 
on duty, and no one of his staff was 
about. ' The moon was high in the 
heavens, shedding a flood of silvery 
light, almost as bright as day, upon the 
scene. When he approached and saw 
us, he spoke, reined up his horse, and 
essayed to dismount. The effort to do 
so betrayed so much physical exhaustion 
that I stepped forward to assist him; but 
before I reached the saddle, he had 
alighted. He threw his arm across his 
saddle to rest himself, and, fixing his 
eyes upon the ground, leaned in silence 
on his equally weary horse, the two 
forming a striking group, as motionless 
as a statue. The moon shone full upon 
his massive features, and revealed an ex- 
pression of sadness I had never seen 



upon that fine face before, in any of the 
vicissitudes of the war through which he 
had passed. I waited for him to speak 
until the silence became painful and em- 
barrassing, when, to break it and change 
the current of his thoughts, I remarked, 
in a sympathetic tone, and in allusion to 
his great fatigue : " General, this has been 
a hard day on you." This attracted his 
attention. He looked up and replied, 
mournfully: "Yes, it has been a sad, sad 
day to us," and immediately relapsed into 
his thoughtful mood and attitude.' A 
little later, he turned to Imboden, and, 
straightening himself to his full height, 
with energy and excitement in his man- 
ner, and in a voice tremulous with emo- 
tion, said: 'General, I never saw troops 
behave more magnificently than Pickett's 
division of Virginians did to-day in their 
grand charge upon the enemy. And if 
they had been supported, as they ought 
to have been — but, for some reason un- 
known to me, they were not — we would 
have held the position they so gloriously 
won, at such a fearful loss of noble lives, 
and the day would have been ours.' 
After a moment, he added, in a tone 
almost of agony: ' Too bad ! too bad ! ! 
oh, too bad ! ! ! ' Into the inner agonies 
of that noble soul, at that trying moment, 
it is not for us to penetrate. ' We must 
cro back to Virginia,' he soon afterwards 
exclaimed; and Imboden received his 
instructions to guard the trains in their 
backward course. 

" It was Lee's conviction that another 
attack would be beset with serious 
danger. He puts it mildly, in his re- 
port, when he says : ' The severe loss 
sustained by the army, and the reduction 
of its ammunition, rendered another 
attempt to dislodge the enemy unad- 
visable.' He, therefore, made immediate 
preparations for a retreat. Ewell was 



HISTORY OF THE UNITED STATES. 



77* 

drawn back, on the morning of the 
4th, from the base of Culp's Hill and 
from Gettysburg; and a strong line of 
works was thrown from the seminary 
towards the northwest ; while another 
line was formed on the right flank, per- 
pendicular with the general front, and 
extending back as far as Marsh creek. 
In this position he remained over the 
4th, burying his dead, sending off the 
wounded, not disposed to resume the 
aggressive, but, according to good and 
reliable authority, not unwilling to be 
attacked. The day was similarly spent 
by the National army. It had been 
Lee's intention to retire his whole army 
on the night of the 4th.- But a severe 
storm had come on shortly after midday; 
and the rain fell in torrents during the 
afternoon, and continued far into the 
night. The condition of the roads made 
a rapid retreat impossible. It was not, 
therefore, until the forenoon of Sunday, 
the 5th, that Ewell's corps, which 
brought up the rear, left its position near 
Gettysburg. After a difficult and toil- 
some march, by the Chambersburg and 
Fairfield roads, through South Moun- 
tain, the Confederate army reached 
Hagerstown, on the afternoon of the 6th 
and the morning of the 7th of July. 

"As soon as the Confederates had 
abandoned their position at Gettysburg, 
General Meade made preparations to 
follow up the retreat. There were two 
courses open : he might make a direct 
pursuit, pass through the South Moun- 
tain in their rear, and press them down 
the Cumberland Valley ; or he might 
make a flank movement by the east 
side of South Mountain, defile through 
the Boonsboro' Passes, and either head 
off the enemy or take him in flank. 
Sedgwick's corps, the freshest in the 
army, was ordered to follow the enemy 



Book II, c 32 



by the Fairfield road, and harass his 
rear. On the evening of the 6th, Sedg- 
wick overtook the Confederates at the 
Fairfield Pass ; but they were so strongly 
posted that he deemed it unadvisuble 
to attack. Meanwhile, Meade had made 
up his mind to pursue the other route; 
and Sedgwick was recalled. General 
French, who since the evacuation of 
Harper's Ferry had been occupying 
Frederick, was thereupon ordered to 
seize the lower passes of South Mountain 
in advance, and also to repossess himself 
of Harper's Ferry. All this he did ; 
and, in addition, by pushing forward a 
cavalry force, he succeeded in destroying 
a Confederate pontoon bridge which, at 
that point, had been thrown across the 
Potomac. When Lee's army reached 
Williamsport, the river was still greatly 
swollen, and the pontoon bridge had 
been destroyed. On the 12th, when 
Meade came up with his whole army, 
Lee had taken a strong position on the 
Potomac, extending from Williamsport 
to Falling Waters, and had thrown up 
intrenchments along his whole line. 
Meade had once more an opportunity 
of striking the enemy in what seemed 
advantageous circumstances. But the 
reasons which prevailed and prevented 
an attack after the battle of the 3d, pre- 
vailed again, and prevented an attack 
on the 1 2th. On the 13th, Lee's 
engineers had succeeded in throwing 
over another pontoon bridge ; and the 
waters had fallen so much that, at a 
certain point, they were fordable. By 
the aid of the bridge and the ford, the 
Confederate army was safely pushed 
across to the southern side of the Po- 
tomac. Meade crossed the river im- 
mediately afterwards ; but Lee, still re- 
fusing battle, fell back to the banks of 
the Rapidan, where the opposing armies 



THE ADMINISTRATION OF LINCOLN. 



779 



SJ^f " 1 TWS " 3S ' he Cnd ° f tHe I mSnCed WS retreat from Gettysburg 
Gettysburg campa.gn.- | Vicksburg was surrendcred to J am * 




MAP SHOWING VICKSBURG AND ITS APPROACHES. 

We turn once more to the progress capitulation, as before stated, with over 
of events in the West. On the 4th of 200 guns and near 30,000 prisoners, who 
July, 1863, the same day that Lee com- by the capitulation were paroled. This 



780 



HISTORY OF THE UNITED STATES. 



Book II , c. 32 



was another loss the Confederates were 
ill able to repair. After the surrender 
of Vicksburg, efforts were no longer 
made to hold Port Hudson. This place 
was surrendered to the Federals on the 
9th of July. The Mississippi river was 
now opened, and the Confederate States 
cut in twain by this high road, thus 
secured to the Federals. 

We left the armies of Rosecrans and 
Bragg at the close of the last year sullenly 
facing each other, after their direful con- 
flict at Murfreesboro'. Bragg fell back to 
Tullahoma, Tennessee, where he remained 
for some time. Rosecrans made no 
active movements until June, 1863. On 
his advance then made, Bragg continued 
to retire and fall back from place to 
place until he reached Georgia. There 
was no renewal of regular conflict be- 
tween these two armies until September. 

Rosecrans had been largely rein- 
forced ; and after Lee had taken his po- 
sition on the Rapidan, in Virginia, as 
stated, he ventured to weaken his force 
there to the extent of about 5,000 men, 
which he sent under Longstrect, to aid 
Bragg in repelling Rosecrans' further ad- 
vance. Soon after the arrival of this re- 
inforcement to Bragg the great battles 
of the Chickamauga were fought. The 
Federal forces amounted to not less 
than 55,000 men, while the Confeder- 
ates numbered not more than 40,000. 

These battles commenced on the 
morning of the 19th of September by 
an attack of the Confederates under 
Bragg, against the Federal army com- 
manded by Rosecrans. General Mc- 
Cook commanded the right wing of the 
Federals ; Thomas, the left ; and Crit- 
tenden held the centre. General Polk 
commanded the right wing of the Con- 
federates ; and Hood, the left. The first 
object of the Confederates was to turn 



the extreme left of the Federals, and thus 
gain the main road leading to Chatta- 
nooga. The conflict on the left wing of 
the Federals was severe and prolonged, 
but during the day the fighting became 
general all along the lines. Night closed 
without any material advantage on either 
side. Before the morning of the 20th, 
Thomas had received large reinforce- 
ments, and had strengthened his portion 
by hastily erected breastworks. The 
Confederates renewed the attack early on 
the 20th, against the Federal left and 
centre, and " the tide of battle ebbed and 
flowed throughout the day, with heavy 
losses on both sides, but without material 
advantage to either ; but Bragg was un- 
able to turn Thomas' flank and occupy 
the coveted passage to Chattanooga." 
Rosecrans had ordered, upon Thomas' 
call for aid, Negley's and Van Clcve's 
divisions from the right and centre. 
Wood was also directed to close up on 
Reynolds on the right centre, and Davis 
to close on Wood. These orders, by 
some mishap, were not carried out as 
designed. Wood supposed he was to 
support Reynolds, and attempted to do 
so, and by this movement opened " a gap 
in the line of battle, which being quickly 
perceived by Longstrect, a decisive 
charge was made, striking Davis in flank 
and rear, and throwing the whole division 
into confusion. Pouring in through this 
gap, the Confederates cut off the Federal 
right and centre, and attacking Sheri- 
dan's division, which was advancing to 
the support of the left, compelled it, 
after a gallant struggle, to give way." * 

The Federal army now, on the right 
and part of the centre, was broken and 
put in confusion, and flew in disorder 
to Chattanooga with very heavy loss. 
Rosecrans being unable to join Thomas, 

* bee Johnson's Cyclopaedia. 



THE ADMINISTRATION OF LINCOLN. 

proceeded to Chattanooga, to put that 
place in a state of defence, in case there 
should be an entire rout of his army, as 



78: 



tain, but on his receiving large reinforce- 
ments in the evening, Longstreet desisted 

from further aggressive movements and 




MAP ILLUSTRATING THE CHICKAMAUGA AND CHATTANOOGA CAMPAII 

seemed imminent. General Thomas still I retired. During the night Thomas also 
held his position. His flanks were sup- abandoned his position and withdrew 
ported by the lower spurs of the moun- , to Chattanooga. The result of the 



HISTORY OF THE UNITED STATES. 



782 

two d iys' fighting was a great victory 
to the Confederates. It arrested the 
proposed advance of the Federal army 
into Georgia. The loss on both sides in 
wounded, killed, and prisoners, was very 
great; according to best reports, 18,000 
Federals, 1 6,000 Confederates. The 
Confederates captured 36 guns, 8,500 
small-arms, and large quantities of ac- 
coutrements. Beyond the arrest of the 
Federal army in its progress into Georgia, 
and the capture of guns, small-arms, and 
munitions of war, this great victory was 
but of little avail to the Confederate side. 
Chattanooga and East Tennessee — the 
great prizes at stake — were still in posses- 
sion of the Federals. The leading Gen- 
erals on the Federal side were Rose- 
crans, Thomas, McCook, Crittenden (the 
three latter commanding corps), Rey- 
nolds, Baird, Brannan, and Neglcy under 
Thomas; G. VV. Johnson, Sheridan and 
Davis under McCook ; Palmer, Woods, 
and Van Cleve under Crittenden. The 
principal commanding generals on the 
Confederate side were Bragg, Longstreet, 
Polk, D. H. Hill, Hood, and Benning. 
Among the heavy losses of officers and 
men on the Confederate side none per- 
haps was lamented more than the gallant 
Major Peyton Colquitt, son of the for- 
mer United States Senator from Georgia 
and brother of the present Governor of 
that State. 

Rosecrans fell back to Chattanooga, 
and sought refuge in his fortifications. 
Bragg confronted him on Missionary 
Ridge for some time. 

Grant was soon put at the head of the 
southwestern Federal forces, and brought 
large reinforcements from the West to 
relieve Chattanooga, now in a state of 
siege. These reinforcements were 
brought within the neighborhood of 
Chattanooga and placed in a position so 



Rook II, c. 32 



skilfully as that their presence and 
movements escaped the observation of 
the Confederate scouts. 

In the meantime Bragg's forces were 
greatly weakened by sending Long- 
street's corps on an expedition against 
Knoxville. This was the situation of 
affairs when, on the morning of the 25th 
of November, the Federals commenced 
their attack on Bragg's weakened lines, 
which ended in the memorable battles 
of Missionary Ridge. These will ever 
stand among the most heroic and deci- 
sive of the war. Of these conflicts, Wil- 
son, the Federal historian heretofore 
quoted from so copiously, says : 

" Far almost as the eye could reach, 
the sun fell upon the compact lines of 
polished steel. In front, towering up 
the huge form of Missionary Ridge, i'.j 
precipitous sides defying attack, its sum- 
mit swarming with armed men, and 
crowned with artillery ; away to the 
right, and standing out clear and well 
defined, the bold outlines of Lookout 
Mountain ; Hooker's men spread out in 
the valley below to the right, Sherman's 
massed in compact phalanx above to the 
left, while Thomas' well-trained bands, 
eager and ready for the fray, are gathered 
together in close array around the head- 
quarters of the chief — such was the sight 
which met the eye of the beholder, as he 
stood on Orchard Knob, on the morn- 
ing of the day which was to witness the 
final struggle, and the crowning National 
victory at Chattanooga. It was a mag- 
nificent spectacle,' and one which it rarely 
falls to the lot of mortals to witness. 

"At an early hour the preparations 
were complete. The sun had arisen, 
however, before the bugle sounded ' For- 
ward ! ' Hooker had received orders to 
move on the Confederate left ; Sherman 
was to move against the right ; while the 



THE ADMINISTRATION OF LINCOLN. 



733 



centre, under the immediate eye of Gen- 
eral Grant, was to advance later in the 
day, and whenever the developments 
made on either wing should justify the 
attack. Shortly after sunrise, Hooker, 
who has left a small force on Lookout 
Mountain, is seen, with the mass of his 
troops, moving down the eastern slope 
of the mountain, and sweeping across 
the valley. Sherman moves at the same 
time on the Confederate right ; and it 
soon begins to be evident that BrasfG'. 
believing that the main attack is to be 
made on his right, is massing his troops 
on Sherman's front. A fierce artillery 
duel at once commenced between Or- 
chard Knob and Missionary Ridge. 
Hooker, pressing on towards Rossville 
Gap, encountered an unexpected obstacle 
at Chattanooga creek. The bridge had 
been destroyed by the Confederates as 
they retired from the valley in the early 
morning. It was an unfortunate circum- 
stance, necessitating as it did a delay of 
three hours. As soon as the bridge was 
completed, the troops were pushed over. 
Rossville Gap was quickly occupied ; 
and Hooker, moving Osterhaus along 
the east side of the ridge, Geary at its 
base, with the batteries on the west side, 
and Cruft on the ridge itself, marched 
northward, driving the enemy before 
him. The Confederates did not yield 
without offering a stubborn resistance. 
It was found impossible, however, to 
withstand the energy and dash of the 
National troops. The skirmishers were 
speedily driven in and pressed back upon 
the main body. Cruft, now forming his 
column in battle-line, fell with all his 
weight on the front line of the enemy, 
Geary and Osterhaus, on both flanks, 
opening a murderous fire. The fighting 
continued till sunset, when the Confed- 
erates, having been driven steadily back- 



ward from one strong position to another, 
although they resisted nobly, broke and 
fled in wild confusion. The fugitives 
who sought safety by running down the 
eastern slope fell into the hands of Os- 
terhaus ; those who tried to escape by 
the western slope fell into the hand-, of 
Geary ; while those who retreated along 
the ridge ran helplessly into the ranks 
of Johnson's division of the Fourteenth 
corps, and were captured. Shortly after 
sunset, the victory on the National right 
was complete. * * * * 

'" Let us now see what was going on 
towards the left and at the centre. On 
the morning of the 25th, Sherman was 
in the saddle before it was light. During 
the night he had strongly intrenched 
his position. His order of battle was 
similar to that of Hooker. General 
Corse, with three of his own regiments 
and one of Lightburn's, moved forward 
on the crest of the hill ; General Morgan 
L. Smith, with his command, advanced 
along the eastern base; while Colonel 
Loomis, supported by the two reserve 
brigades of General John E. Smith, ad- 
vanced along the western base. The 
brigades of Cockercll and Alexander, 
and a portion of Lightburn's, remained 
behind, holding the position first occu- 
pied. Almost from the commencement 
of the forward movement, the advancing 
columns were exposed to the guns of 
the enemy. Without experiencing any 
very great inconvenience, Sherman's 
troops descended the hill on which they 
had been drawn up in battle order, 
crossed the valley in their front, ;\\u\ 
rushed up the opposite hill, which they 
seized and held. At this point it was 
discovered that the ground to be trav- 
ersed was not SO free from obstructions 
as had been supposed. It was not a 
continuous ridge, but rather a chain of 



784 



HISTORY OF THE UNITED STATES. 



Book II.. c. 32 






hills, each well wooded and fortified. 
This secondary crest, on which Corse 
had obtained a foothold, was commanded 
by a higher hill, and thus exposed to a 
plunging fire. Between these hills was 
a deep gorge, through which passed the 
railroad tunnel, and in which the Confed- 
erate commander sheltered his masses 
until they could be brought into action. 
Corse called forward his reserves, and 
asked for reinforcements. The ridge, 
however, was narrow; and as the enemy, 
from his superior position, could bring 
to bear upon the assaulting columns a 
destructive, enfilading fire of artillery 
and musketry, it was not well to crowd 
the men. A severe hand-to-hand con- 
test ensued, and continued for more than 
an hour. The tide of battle ebbed and 
flowed, victory now leaning to the one 
side and now to the other. 

" It was a desperate grapple, and the 
loss of life was terrible. No decided 
progress was being made on either side. 
Corse found it impossible to carry the 
works in his front ; the Confederates 
were equally unable to drive him from 
the position he had won. The columns 
which, under Loomis and Smith, moved 
along the sides of the ridge, encountering 
fewer difficulties, were attended with 
better success. Smith kept gaining 
ground on the left spur of Missionary 
Ridge, while Loomis on his side got 
abreast of the tunnel and the railroad 
embankment. The fire of the one ami the 
other, striking the Confederates on both 
Hanks, and slightly in rear of their front, 
had the effect of withdrawing attention, 
and thus to a certain extent of relieving 
the assaulting party on the crest of the 
hill. 

" It was now about three o'clock. The 
battle was raging with tremendous fury. 
Column after column of the enemy came 



streaming down upon Sherman's men, 
gun upon gun pouring upon them its 
concentrated shot from every hill and 
spur, as they vainly struggled in the 
valley and attempted to force their way 
to the further height. Neither, however, 
was gaining any advantage. Almost at 
the crisis of the fight, it seemed to the 
anxious watchers at Chattanooga as if 
Sherman was losing ground. There was, 
indeed, a backward movement. It had 
seemed to General J. E. Smith that Col- 
onel Wolcott, who now commanded on 
the crest — Corse having been wounded 
early in the day — was sorely pressed, 
and in danger of being overpowered. 
He therefore sent to his aid the two re- 
serve brigades of Runion and Mathias. 
Having crossed the intervening fields 
and climbed the hillside, in spite of a 
most destructive fire of artillery and 
musketry, they effected a junction with 
Wolcott. The ridge, however, being 
narrow, they were forced to take position 
on the western face of the hill, where, 
being exposed to attack on right and 
rear, the enemy, rushing from the tunnel 
gorge, fell upon them in overwhelming 
numbers, driving them down the hill and 
back to the lower end of the field. There 
they were re-formed ; and the Confeder- 
ates, who had ventured to pursue, were 
struck heavily on their flank, and com- 
pelled to retire to the shelter of their 
works on the wooded hills. It was this 
backward movement of Smith's brigades 
which, being seen at Chattanooga, created 
the impression that a repulse had been 
sustained by the National left. Sherman 
has taken some pains to correct this false 
impression, and informs us that the ' real 
attacking columns of General Corse, 
General Loomis, and General Morgan 
L. Smith, were not repulsed,' but, on the 
contrary, held their ground, and strug- 



THE ADMINISTRATION OF LINCOLN. 



7»5 



gled 'all day persistently, stubbornly, 
and well.' 

" Long and wearily had Sherman 
waited for the attack in the centre. An 
occasional shot from Orchard Knob, and 
some artillery and musketry fire, away 
in the direction of Lookout, were the 
only signs of activity in the National 
ranks on his right. It was not until 
shortly after three o'clock that he saw a 
white line of smoke in front of Orchard 
Knob — the line extending further and 
further to the right. It was evident that 
something decisive was happening. He 
had faith in the result; for he knew 
that, by his repeated and persistent at- 
tacks, he had compelled Bragg to con- 
centrate large masses of his troops on 
his own right. He had thus weakened 
the Confederate centre, and created the 
opportunity for Grant and Thomas. 

" During these hours of sore trial and 
deep anxiety, Grant's attention was quite 
as much directed to the left as was that 
of Sherman to the centre. Grant's head- 
quarters, as we have seen, were at Or- 
chard Knob. He had a commanding 
view of the entire battle-ground. He 
knew, that Bragg was concentrating on 
his own right, and, determined to pene- 
trate the National left and force his way 
to Chattanooga, was hurling against 
Sherman his well-disciplined legions in 
overwhelming masses. He feared lest 
his trusted lieutenant, sorely pressed, 
should be yielding to impatience, because 
of the continued inaction at the centre. 
But it was necessary to wait for Hooker, 
who, as has been stated, had been delayed 
three hours in reconstructing the bridge 
across Chattanooga creek. It was de- 
sirable, at least, that the Confederate left 
should be well engaged, as well as the 
Confederate right, before the decisive 
blow was dealt at the centre. With anyj his centre to 
50 



other commander on his left, Grant might 
have risked too much by leaving him so 
long, unaided or unrelieved, to struggle 
against the strong position and the ever- 
increasing numbers of the enemy. Grant, 
however, had not forgotten Shiloh. He 
remembered how, on that day, at the foot 
of the bridge over Snake creek, Sherman 
had stood like a wall of adamant, his men 
massed around him, and presenting to 
the almost triumphant foe what seemed 
a huge and solid shield of shining steel, 
effectually resisting, and ultimately turn- 
ing the tide of battle. What he had 
done then, he had, on many a battle-field 
since, proved his ability and willingness 
to do again. Grant was asking much 
from his lieutenant ; but he felt con- 
vinced that Sherman would not be found 
wanting. Meanwhile, he had the satis- 
faction of perceiving that his plan was 
working admirably. Bragg, completely 
out-generalled, was weakening his own 
centre, and preparing for him his oj 
tunity. 

"It was now half-past three o'clock. 
Grant was pacing to and fro on ' )r~ 
chard Knob. Concerned for the welfare 
of Sherman, seeing his opportunity 
rapidly ripening, and impatient to strike, 
yet unwilling by premature action to 
imperil the hoped-for and what seemed 
now the inevitable result, he kept turn- 
ing his eyes wistfully in the direction 
in which Hooker should make hi 
pearance. Still there were no signs 
of his coming. Hooker, as the r< 
knows, was successfully moving along 
the ridge and driving the enemy before 
him. But Grant was, as y t, ignorant 
at once of the cause of his delay, and 
of the progress he had made. I he 
opportune moment, however, had come. 
He saw that Bragg had greatly w eakened 
upport his right; and 



786 



HISTORY OF THE UNITED STATES. 



Book II., c. 32 



having faith that Hooker must be 
close at hand, he gave Thomas the order 
to advance. The thunderbolt was hurled. 
The signal-guns were fired — one — two 
— three — four — five — six ; and the di- 
visions of Wood, Baird, Sheridan and 
Johnson, long since impatient of delay, 
advanced with firm and steady step. 
These were preceded by a double line 
of skirmishers, drawn mostly from the 
divisions of Wood and Sheridan. The 
orders were to carry the rifle-pits at the 
base of the ridge, and then to re-form 
and push their way to the summit. The 
whole movement was conducted with the 
regularity and precision of clock-work. 
The skirmishers dashed forward, the 
main body following within easy sup- 
porting distance. Missionary Ridge all 
at once seems ablaze. On all the forts 
and batteries the heavy guns open fire ; 
and from their hollow mouths they bel- 
low harsh thunder, and vomit forth their 
missiles of destruction. Full thirty guns 
are pouring shot and shell into the ad- 
vancing columns. Nothing, however, 
can cool the ardor or restrain the impet- 
uosity of the National soldiers. ' Roll- 
ing on the foe,' on moves this 'fiery 
mass of living valor.' The picture of the 
poet becomes here a living reality. The 
brigades of Hazel) and Willich are al- 
ready at the base of the mountain. Like 
' bees out of a hive,' to use the expres- 
sive words of General Grant, the gray- 
coated Confederates are seen swarming 
out of the rifle-pits, and rushing up the 
hillside. Fired now with the wildest 
enthusiasm, the brave Nationals, scarcely 
taking time to re-form, push their way 
up the steep and rugged sides of the 
mountain. They are fully exposed now 
to a terrific fire from the enemy's guns, 
on the heights above them. Shell, can- 
ister, shrapnell, bullets are falling upon 



them with deadly effect. Nothing 
daunted, however, on they press; and, 
from Orchard Knob, the National colors 
are seen fluttering higher and still higher, 
and gradually nearing the summit. Or- 
der now begins to disappear. The brig- 
ades, partly because of the nature of the 
ground, and partly because of the sever- 
ity of the fire, break up into groups. 
There is, however, neither lack of pur- 
pose, nor lack of enthusiasm. Every 
group has its flag, and, in wedge-like 
form, each eager to be first and emulous 
of the other, is seen pressing onward and 
upward. It seems as if the color-bearers 
are running a race. To plant the first 
color on the summit appears to be the 
ambition of every brigade, of every 
group, of every soldier. Now they are 
clambering over the rugged ledges, now 
they are seeking momentary shelter in 
the ravines or behind the overhanging 
rocks ; but they are ever, in spite of the 
heavy guns and the murderous volleys 
of musketry from the rifle-pits, nearing 
the summit. 

" Meanwhile, the work of destruction 
had been terrible. The color-bearers 
had suffered fearfully. The first to reach 
the summit was a group of men from the 
First Ohio, and a few others from other 
regiments, under the lead of Lieutenant- 
Colonel Langdon. Six color-bearers of 
this party had fallen, when Langdon, 
waving forward his men, and leaping 
over the crest, was instantly shot down. 
The breach, however, had been made; 
and the brigades of Hazen and Willich 
w< re soon on the summit. These were 
quickly followed by the brigades of 
Sheridan's division — Sheridan himself 
taking an active part, and specially com- 
manding the attention of General Grant. 
The National advance was within a few 
hundred yards of Bragg's headquarters. 



-:, -TTTiT-7 




(787) 



?8$ 

There were still desperate hand-to-hand 
struggles after the Nationals had reached 
the summit. But, as the shouting vic- 
tors came pouring into the works, bay- 
ou ting the cannoneers at their guns, 
the bold and resolute front gave way. 

" It was now sunset. The Con- 
federates were in full retreat, their own 
guns turned upon them by the triumphant 
Nationals. It was only with difficulty 
that Bragg was able to make good his 
escape, along with Breckinridge, who 
by this time had joined him. ' Missionary 
Ridge was now occupied and held by 
the National troops. Hooker, as we 
have seen, had been victorious on the 
right ; Sherman had held his ground, 
and, after a gallant and protracted 
struggle, against superior numbers, had 
driven the enemy from his front; and 
now the brave and well-trusted soldiers 
of the army of the Cumberland had 
pierced and routed the Confederate centre. 
The battle of Chattanooga had been 
fought and won. It was another great 
victory for General Grant. Bragg was. 
one of the most trusted leaders in the 
Confederate army, and a special favorite 
of Jefferson Davis. He was defeated, not 
by superior numbers, not by superior 
bravery, but by sup rior tactics. He was 
defeated, because he was out-generalled. 
lie committed his first mistake when he 
detached Longstreet, with his command, 
and sent him to operate against Burnside, 
at Knoxville. He committed his second 
mistake when he weakened his centre, 
and moved his troops to the right to 
operate against Sherman. Both were 
serious blunders. It is surprising how 
a general of Bragg's experience could 
have committed the one or the other, 
in the presence of such a commander 
as Grant. The first blunder encouraged 
immediate actum, concentration, and 



HISTORY OF THE VMTED 6TATES. 



Book II., c. '62: 



aggressive effort against Missionary 
Ridge. The second blunder provoked 
the attack on the Confederate centre, 
which decided the battle. In the glory 
resulting from the victory, Sherman and 
Hooker and Thomas were fully entitled 
to share. Each had accomplished the 
task assigned him, nobly and with 
complete success. It was a victory of 
which the whole ami}-, from the general 
in command down to the humblest of 
the rank and file, had reason to be proud. 
' Impartial history,' says Coppec, whose 
description of Chattanooga sometimes 
rises to the grandeur of an epic, ' will be 
just to all the acts and the actors, but 
above them all will shine, in golden 
characters, the name of the great com- 
mander, who, upon the heels of one 
great conquest, transformed a beleaguered 
army of starving soldiers into fiery 
columns of attack, and snatched an im- 
mortal victory out of the jaws of disaster 
and anticipated ruin. That man was 
Grant.' The modesty of the man — the 
utter absence of vain-glory — is strikingly 
revealed in the despatch which he sent 
to General Halleck immediately after the 
battle. 'Although the battle lasted,' he 
says, 'from early dawn till dark this 
evening, I believe I am not premature in 
announcing a complete victory over 
Bragg. Lookout Mountain top, all the 
rifle-pits in Chattanooga Valley, and 
Missionary Ridge entire, have been 
carried, and are now held by us.' 

" The final struggle of the day was in 
the neighborhood of the tunnel on 
Thomas' left and in Sherman's front. 
At that point the Confederates made a 
most obstinate resistance. This resistance, 
and the darkness which intervened, 
prevented an immediate pursuit. Dur- 
ing the night, Missionary Ridge blazed 
with Union camp fires, the Confederates 



THE ADMINISTRATION OF LINCOLN. 



having fallen back in the direction of 
Ringgold, by way of Chickamauga 
Station. Bragg left behind him some 
600 prisoners, besides a large number 
of stragglers, forty guns, upwards of 
7,000 small arms, and a large quantity 
■)f ammunition, 

" Next morning Sherman, Palmer and 
Hooker were in eager pursuit. Sherman 
pushed on towards Greysville, passing 



789 



resistance. The battle lasted the greater 
part of the day, both sides suffering 
severely. Cleburne did not retreat until 
he had inflicted on the Nationals a loss 
of 432 men, of whom sixty-five were 
killed, some of them being most valuable 
officers. The Confederate.-, left on the field 
130 in killed and wounded. The pursuit 
was now discontinued, as Grant felt it to 
be his first and most important duty to 




THE ATTACK ON FORT SUMTER BY THE MONITOR FLEET. 



Chickamauga Station, where he found 
■everything in flames. Palmer and 
Hooker advanced by the Rossville road, 
intending to strike the railroad between 
Greysville and Ringgold. At the latter 
place, Hooker came into contact with 
the Confederate rear, under Cleburne, 
who was covering Bragg's retreat. A 
severe encounter took place, Cleburne 
-turning and offering a most stubborn 



relieve Burnside, who was at that time 
closely besieged in Knoxville by tin I 
federate forces, under Long-.tri.-et. Bra 
army continued the retreat to Da 
where it established a fortified camp. The 
Nationals fell back towards Chattam 
and the campaign against Bragg ended 

"The immediate result of the vie* 
Chattanooga was the relief of Knoxville." 

Bragg was soon, at his own request, 



79Q 



HISTORY OF THE UNITED STATES. 



Book II., c. 33 



relieved of the command of his routed 
and disorganized army. He was suc- 
ceeded by General Joseph E. Johnston. 
Longstreet's movements against Knox- 
viil e availed nothing. An attack he made 
on the fortified works was repulsed with 
heavy loss, and he was compelled to 
retire upon the approach of reinforce- 
ments from Grant. 

Naval operations in the meantime on 
the Federal side, though of a stupendous 
character, practically amounted to noth- 
ing, except in the continued blockade of 
Southern ports. Their other naval efforts 
were directed chiefly against Fort Sumter 
and Charleston, and resulted in battering 
Sumter to pieces ; but the Confederates 
still held and occupied the ruins. The 
Confederate fleet was still actively at 
work in the destruction of Federal com- 
merce, but having no port into which 
they could carry their prizes, it resulted 
in .10 available material benefit to their 
cm se. So closed the scenes on both sides 
at the end of the third year of the war. 



CHAPTER XXXIII. 

administration of Lincoln — Continued. 

(ist of January, 1S64 — 15th of April, 1S65.) 

Invasion of Florida — Battle of Olustee or Ocean 
F'. >ud — Victory of Confederates — Victory at Oko- 
lona, Miss., by Forrest — Danks' expedition from 
New < Orleans to Texas — Battles of Mansfield and 
!' mi Hill — Banks' retreat — Events in the East 
— Cavalry raids of Kilpatnck and Dahlgren into 
Virginia — Sherman transferred to Chattanooga — 
Two campaigns developed by the Federals: one 
agunst Richmond, under Grant, and the other 
against Atlanta, in Georgia — Lee opposed to (ir.ini 
in Virginia — And Johnston opposing Sherman in 
1 ! irgia — < irant's plan ofmovemenl — < irook's expe- 
dition up the Kanawha — Sigel in the Shenandoah 
valley — Butler's movements up the Janus river, with 
a view of attacking Petersburg on the south of Rich- 
mond — Grant's plans — Grant moves on the 4th of 
May — Lee opposes him, and checks his advance — 



Battles of Wilderness, Spottsylvania Court-House, 
North Anna, and Cold Harbor — Grant swings- 
around to the James river, ami takes position at City 
Point — Butler's co-operative movements on the 
south side — Battle of Walthall Junction — Resulted 
in a victory for the Confederates under Gen- 
erals Bushrod Johnson and Hagood — Butler's re- 
treat to Bermuda Hundreds, where he was " bottled 
up" during the remainder of Grant's campaign — 
Crook and Sigel's defeat in the valley — Battle of 
New Market — Sigel superseded by Hunter — Battle 
of Lynchburg — Hunter defeated by Early — Early'-. 
expe lition into Maryland against Washington — 
His withdrawal — Battle of Winchester and Cedar 
Creek — Grant's operations against Petersburg — 
Powder mine explosion — Events in Georgia — 
Sherman's advance on Atlanta — Battles of Resaca, 
New Hope, and Kennesaw — Johnston's masterly 
strategy — He falls back to Atlanta — And is super- 
seded by Hood — Battles of Atlanta under Hood — 
Evacuation of Atlanta — Hood's Tennessee cam- 
paign — Battles of Franklin and Nashville — Sher- 
man's grand march to the sea — Engagement at 
Griswoldville — Naval operations — The Alabama 
sunk by the Kearsarge — Loss of the Albemarle— 
Capture of the Florida — Admiral Farragut's expe- 
dition to reduce the forts at Mobile — Loss of the 
Confederate ram — Evacuation and capitulation of 
Forts Powell, Gaines, and Morgan — Ex] edition 
of Porter and Butler against Fort Fisher — Ten .lie 
bombardment without success — The Shenandoah 
at sea — Admission of Nevada as a State — Flection 
for President and Vice-President — The candidates, 
and vote, with result — Abraham Lincoln and 
Andrew Johnson elected — Thirteenth amendment 
to the Constitution — Hampton Roads Conference 
— Second expedition of Admiral Porter against 
Fort Fisher — The fort falls — Death of General 
Whiting on the Federal side, and Colonel John T- 
Lofton, and wounding of Colonel William Lamb, 
commander of the fort, of the Confederates — Sher- 
man's march from Savannah through South Caro- 
lina — Burning of Columbia — Sumter finally passes 
into the hands of the Federals — General Johnston 
reinstated — Battle of Averasboro, and Bentonville 
— Fee's lines broken about Petersburg — Severe- 
battles fought — Lee's surrender — Fall of Richmond 
— Mr. Davis and cabinet retiring to Danville — The 
" Sherman-Johnston " Convention — Assassination 
of Lincoln — Johnson becomes President — Capitu- 
lation of General Johnston's army — Surrender of 
E. Kirby Smith in Texas, on the 26th of May — 
Mr. Davis arrested — Arrest of Mi Stepl 'ns and 
Reagan, and other prominent Confederates — Sum- 
mary of losses in the war on both sides — Cavalry 
exploits. 




THE ADMINISTRATION OF LINCOLN. 



7 9 I 



1864, the fourth year of the 
war, active military operations 
began in February. They were 
commenced by the Federals by 
an invasion of Florida, from Jack- 
sonville, with an army under General 
Seymour. On the 20th of this month 
was fought the battle of Olustee, or Ocean 
Pond. Here the Confederates gained a 
brilliant victory under Colquitt and Fin- 
egan. Twenty-five hundred prisoners 
were taken, with three Napoleon guns, 
two ten-pounder Parrotts, and 3,000 stand 
of arms. Florida was saved by the action. 
On the 22d of February, the Confederate 
cavalry, under Forrest, achieved a great 



to return after having lost in the expedi- 
tion 14,000 men, besides thirty-five pieces 
of artillery, 20,000 small arms, 1 
boat and three transports. The Confed- 
erate forces, operating against Banks, in 
all did not exceed 25,000 men. Their 
losses were small. 

While these events were occurring in 
the South and West others of a stir- 
ring character were taking place in the 
East, which deserve special notice. The 
raids of Kilpatrick and Dahlgren in 
Virginia were the most important of this 
character. These officers set out from 
the Federal lines in the latter part of 
February, on a cavalry expedition against 




bailey's red river ham. 



victory at Okolona, Mississippi. By this, 
Sherman's expedition from Vicksburg to 
Mobile, with 50,000 men, was checked 
and stopped at Meridian, Mississippi. He 
returned to Vicksburg. This was suc- 
ceeded by other triumphs of considerable 
importance west of the Mississippi. In 
the early part of March, General Banks 
had set out from New Orleans for Texas, 
^by way of Shreveport, with forces in his 
command numbering in all not less than 
40,000. 

Detachments of these were success- 
fully attacked by the Confederates at 
Mansfield and Pleasant Hill, and the 
invasion arrested. Banks was compelled 



Richmond. The object, as appeared 
from papers that fell into Confederate 
hands, was to enter the city, release the 
Federal prisoners, and leave them to 
burn the city, and kill the Confederate 
President and cabinet. They both 
reached the vicinity of Richmond on the 
1st of March. Their forces had dn 
and taken different routes. Kilpatrick 
came up first, and being met by a force 
that he did not venture to encounter, 
retired, and made his escape down the 
Peninsula. Dahlgren, during the night 
of the same day, coming up and m< 
with a similar repulse, attempted to make 
his escape in the same manner, but was 




PORTRAITS OK SHERMAN AND SOME OF HIS COMMANDERS. 



THE ADMINISTRATION OF LINCOLN. 



793 



(killed by citizens of the country in his 
retreat. 

We now proceed with operations on 
a grander scale. Not long after the 
return of Sherman and his army from 
Meridian to Vicksburg, he was trans- 
ferred to the chief command of the 
Federal forces at Chattanooga. Two 
grand campaigns were now clearly de- 
veloped by the Federals for the summer 
of 1864, as in 1863 — one against Rich- 
mond, to be under Grant himself; the 
other against Atlanta, in Georgia, under 
Sherman. 

To Grant's movements Lee was 
opposed in Virginia ; and to Sherman's, 
Johnston, in Georgia. To the move- 
ments of these two great Federal armies 
the chief attention and energies on both 
sides were henceforth directed. 

We will look first at Virginia. Grant 
had under his immediate control an 
army of not less than 200,000 men. 
Early in May he put about 6,000 of 
these in motion, under General Crook, 
up the Kanawha'; about 10,000 under 
Sigel from Winchester, with a view of 
taking Staunton and Lynchburg, and 
operating on Lee's rear. At the same 
time he sent General Butler up the James 
river, with 30,000, to take Petersburg, 
and approach Richmond on the south ; 
while he himself, with about 100,000, set 
out simultaneously on an overland march 
to attack the Confederate capital on the 
north, leaving the rest in the rear to be 
drawn on as reinforcements might be re- 
quired. The powerful army under his 
immediate command reached and crossed 
the Rapidan on the 4th of May. Lee, 
with about 60,000 men, set himself to 
work to check, thwart and stay the 
advancing host in its movements on the 
Confederate capital. This he did in a 
-series of battles, beginning on the 6th 



ol May and ending on the 12th of June, 
as Grant, with his overwhelming num- 
bers, continued to pass his right — first in 
the Wilderness, then at Spottsylvania 
Court-Mouse, then at North Anna, and 
lastly at Cold Harbor — which will 
stand among the most memorable of his- 
tory. Grant, being unable to dislodge him 
from his fortifications in and around 
Richmond, which he had thus reached, 
was compelled finally to seek a n^w 
base of operations on James river, as Mc- 
Clellan had done before. He estab- 
lished his headquarters at City Point 
about the middle of June. I lis losses 
by the time he reached his new head- 
quarters were not much, if any, under 
60,000 — a number equal to Lee's entire 
army. 

In the meantime his co-operative 
movements, so set on foot, had been 
equally checked and thwarted. First, 
Butler, in his movements, with his 
30,000 men landing at" Bermuda Hun- 
dreds on the 6th of May, the same 
day that the fighting between Lee- and 
Grant commenced at the Wilderness, 
with a view to attack Richmond on the 
south side of the James river — while 
Grant should be pressing on the North, 
was entirely checked and thwarted. But- 
ler's first object after landing was to 
seize the Petersburg and Richmond rail- 
road at Walthall junction ; this road 
being the strategic key for a move- 
ment on Richmond from the south 
side. 

This was checked by the quick move- 
ment of troops under the command of 
Beauregard, who had been ordered to 
hasten up from Charleston with all Un- 
available forces under his comman 
soon as Butler's approach was known. 
Colonel R. M. Graham, of General 
Johnson Hagood's South Carolina I 



794 



HISTORY OF THE UNITED STATES. 



Rook II., c. 33 



ade, with about 300 men, reached Walthall 
j unction j ust before the advanced forces of 



of the Twenty-first South Carolina vol- 
unteers, who had reached this place a few 




MAF OF NORTHERN VIRGINIA, SHOWING FREDERICKSBURG, CHANCELLORSVILLE, 
SPOTTSYLVANIA, THE WILDERNESS, ETC., ETC. 



the enemy on this point on the evening of 
the 6th, where he found about 300 men 



hours previously ; with this force he 
repelled successfully the first advance 




(795) 



79 6 

of Butler against the railroad at that 
point; on the 7th of May, when Butler 
made a more formidable attack with five 
brigades under Brooks, General Hagood 
and General Bushrod Johnson, with con- 
siderable reinforcements, were also on the 
ground, when a very important battle 



HISTORY OF THE UXITED STATES. 



Book II., c. 33 



concentrated at Petersburg by Beaure- 
gard, sufficient to repel any attack that 
might be made upon that city. 

By these active movements, as stated, 
Petersburg and Richmond were sa\ <1 
from the grasp of Butler, whose forces 
retired back to Bermuda Hundreds. 




GENERAL SHERIDAN. 

•ensued and Brooks was repulsed with where they remained " bottled up," as 
heavy loss. After this Butler made no j Grant expressed it, during his progress 
further attempts on the railroad at j from the Rapidan to City Point. It was 
Walthall junction, but moved towards all accomplished by the superior skill 
Petersburg in another direction ; in the \ and strategy of Beauregard, and the 
meantime large reinforcements had been | gallantry of the officers and men under 



THE ADMINISTRATION OF LINCOLN. 



his command, with a force of less than 
half the number of his adversary. 

The only engagement of importance 
that took place between them afterwards 
was on the 16th of July, in which Beau- 
regard achieved a great success. But- 
ler's loss was about 5,000 men, in killed, 
wounded, and captured, while Beaure- 
gard's was comparatively small. Sec- 
ondly, the conjoint movement of Crook 
and Sigel was arrested by Breckinridge, 
who met Sigel at New Market, on the 
15th of May, and with a greatly inferior 
force completely routed his command. 
Sigel was superseded by Hunter. He, 
with the rallied forces of Sigel, Crook, 
and Averill, was, on the 18th of June, 
met at Lynchburg by Early, whom Lee 
had despatched to that point. Hunter 
was here routed, as Sigel had been. 
Grant, being thus baffled in his entire 
plan, ceased all active operations except 
laying close siege to Petersburg. In 
this state of things, Lee sent Early with 
his small command on an expedition 
into Maryland, northward of Washing- 
ton. This was intended to threaten, 
and, if possible, perhaps seize the Fed- 
eral capital, supposed at the time to be 
bare of forces ; or, at least, to compel a 
withdrawal of a portion of Grant's army 
around Petersburg and the vicinity of 
Richmond. Early was met at Monocacy 
by a Federal force, which he routed ; 
but on approaching the works around 
Washington he found them too strong 
to be successfully assailed by him. He 
returned after securing a large supply 
of provisions. Grant sent Sheridan after 
Early. Two battles ensued between the 
forces under these generals : one at 
Winchester, on the 19th of September, 
in which Early was defeated ; the other 
at Cedar Creek, on the 19th of October. 
Here Early attacked Sheridan's forces, 



797 



he being absent at the time, and com- 
pletely routed them. Sheridan arrived 
late in the day, rallied his men, and 
routed the Confederates in turn. I [e 
then proceeded to lay waste and de- 
vastate the rich and fertile valley of 
the Shenandoah — destroying everything 
within his reach upon which man or 
domestic animals could subsist. 

Some of the most daring and romantic 
acts of the war were by the cavalry ser- 
vice on both sides. On the Confederate 
side may be mentioned Stuart's, Forrest's, 
Wheeler's, Morgan's, and Mosby's. The 
capture of the bridge-burners on the 
Western and Atlantic Railroad, in Geor- 
gia, by Capt. Wm. A. Fuller (holding no 
position but a railroad conductor , was 
one of the most wonderful achievements 
in the annals of war. On the Federal 
side, Ellsworth's, Stoneman's, Kilpat- 
rick's and divers others may be named. 

In the meantime Grant was incessant 
in his operations against Petersburg. 
Many gallant exploits were performed 
on both sides, in making and repelling 
attacks upon the works. The most 
notable of all the events attending the 
siege this year was the horrible powder- 
mine explosion under one of the Con- 
federate forts. This was resorted to by 
the Federals as means to break the 
Confederate lines. It was fired on the 
30th of July, and resulted much more 
disastrously to the Federals than the 
Confederate side. About 5,000 Federals, 
who rushed into the breach, in hop 
thus entering within the lines of their 
adversary, were hurled and driven by 
that adversary into the frightful 1 
and there put to slaughter. 

For a more extended account of tl 
operations around Petersburg, and a 
graphic portrayal of this deadly mine 
explosion, we extract as follows from the 




"^^^^~~^ °f) " c u sr Eft W ^ Wc ™S5§r 

PORTRAITS OF FEDERAL CAVALRY COMMANDERS. 



THE ADMINISTRATION OF LINCOLN. 



799 



history of Mr. Wilson, the same Federal 
historian quoted from heretofore : 

" Petersburg was now the immediate 
object of Grant's attention. In any at- 
tempt to approach Richmond from the 
south, the occupation of Petersburg must 
be an important preliminary step. The 
holding of that city would sever the 
enemy's communications southward, and 
afford many material advantages in the 
investment of Richmond. Grant had 
wished to gain possession of it in the 
outset ; and in his grand plan of cam- 
paign he had arranged that it should be 
taken and held by the army of the 
James, which, however, had proved in- 
adequate to the task. Situated on the 
right or south bank of the Appomattox, 
at a distance of twenty-two miles south 
of Richmond, and ten miles southwest 
of the James at City Point, and having a 
population at the beginning of the war 
of over 18,000, Petersburg ranked as the 
third town in Virginia. It was the focus 
of convergence of five railroads: the 
Richmond road running north ; the 
Weldon road running south to the Car- 
olinas ; the South Side road running 
west to Lynchburg ; the Norfolk road 
running southeast, and the short road 
running northeast to City Point. The 
town was defended by a series of skil- 
fully constructed earth-works, consisting 
not only of square redoubts, but also of 
well-established rifle-trenches, extending 
around it in a semicircle, both ends rest- 
ing on the river, the northern extremity 
being strengthened by batteries on the 
opposite side of the stream. 

" General Butler, it will be remem- 
bered, had already made a demonstra- 
tion against Petersburg. Having been 
frequently informed by deserters that 
the garrison was much weakened by the 
withdrawal of troops to reinforce Lee, 



he, early in the month of June, made 
preparations for sending a force in that 
direction. A pontoon bridge was con- 
structed, to be thrown across the Appo- 
mattox, and gun-boats were sent up the 
river to reconnoitre. The expedition 
was placed under the charge of General 
Gillmore, who led the infantry column, 
about 3,500 men, consisting of I [awley's 
brigade of the Tenth corps, and a brig- 
ade of colored troops under General 
Hinks. The cavalry, 1,400 strong, was 
commanded by Kautz. It was arrai 
that Gillmore, having crossed to thi 
bank of the Appomattox by the pontoon 
bridge, should proceed by the turnpike 
road towards the town, and attack it 
from that direction, while Kautz, also 
crossing the river, should fetch a wide 
circuit and make his attack on the south 
or southwest side of the town; the move- 
ments of the two bodies of troops to be- 
so timed that they should enter the place- 
simultaneously at different points. It 
was hoped that the town might thus be 
captured, and that if not held, at least 
all its supplies and stores of ammunition 
might be destroyed. Butler was to 
make a demonstration in the meantime 
against Fort Clifton. 

" On the 8th of June, shortly after 
dusk, the pontoon bridge was laid down 
near Point of Rocks, and about midnight 
Kautz's cavalry crossed by it, quickly 
followed by Hawley's brigade, which 
was soon afterwards joined by the col- 
ored brigade of I links. Before eight 
o'clock in the morning, Follett's batten- 
was brought up in front of the woods 
near Point of Rocks, and began to shell 
the Confederate line- near Fort Clifton. 
The gun-boats Commodore Perry and 
General Putnam also opened tire on the 
same position. A brisk tire was kept up 
thus till noon. A battery which the 



Soo 



HISTORY OF THE UNITED STATES. 



'Book II., c. 33- 



enemy brought down, and which threw 
thirty-pounder shells at General Weitzel's 
signal station, was soon silenced. In 
the meantime Gillmore and Kautz had 
pressed on, making a detour so as to 
avoid the fire of Fort Clifton, and were 
rapidly approaching Petersburg. The 
infantry met with no serious opposition 
till within about two miles of the town, 
when the Confederate skirmish lines 
encountered, but quickly driven 
back. Arrived in front of the town, and 
sufficiently near to be able to examine 
the fortifications critically, Gillmore came 
to the conclusion that they were too 
strong to be attempted by the force under 
his command. He, therefore, withdrew 
his troops about noon, and got back to 
camp the same evening. In the mean- 
time Kautz on his side had forced the 
intrenchments and actually engaged the 
enemy in the streets. But the Confed- 
erates concentrated against him what 
force they had; and he was compelled 
to retire, although he carried off with 
him forty prisoners. His loss was only 
about twenty killed and wounded. 

"At one o clock on the morning of 
the 15th, the Eighteenth corps, which 
had arrived at Bermuda Hundred on the 
previous evening, in transports, by way 
of Fortress Monroe, set out for Peters- 
burg. Kautz's cavalry in the advance 
crossed the Appomattox by the pontoon 
bridge near Point of Rocks. Brooks' 
and Martindale's divisions followed, to- 
gether with Hinks' two brigades of 
colored troops. The route taken was 
the same as that pursued a week pre- 
vious by Gillmore and Kautz. Soon 
after daylight, Kautz, advancing along 
the City Point road, encountered skir- 
mishers, and drove them out of a small 
earth-work. The troops of Hinks and 
Brooks followed rapidly, and soon after- 



wards, near Harrison's creek, a line of 
rifle-trenches with two twelve-pounders 
was discovered, from which solid shot flew 
over the head of the column. Hinks 
deployed skirmishers, scattered the en- 
emy through some neighboring woods, 
and finally secured a position near Bay- 
lor's farm, from which the Fifth and 
Twenty-fifth colored regiments carried 
the enemy's works, capturing one of the 
guns and turning it on the retreating 
Confederates. The division of Brooks 
now moved up, with Burnham's brigade 
in the advance and entered a strip of 
woods which concealed the main outer 
line of the defences of Petersburg, about 
two miles from the town. Hinks then 
moved his division towards the left, on 
the Jourdan Point road, while Martin- 
dale, with Stannard in the advance, 
moved on by the river road. A line 
was thus formed in front of the Peters- 
burg intrenchments, in which Martindale 
held the right, Brooks the centre, and 
1 links the left. Active skirmishing 
went on while these positions were being 
taken, and the fire of the sharpshooters 
told severely on the troops. Just before 
sunset, the order was given to carry the 
enemy's works by assault ; and the 
whole line rushed forward, swept the 
entire range of rifle-pits in spite of a 
heavy artillery fire, and drove the enemy 
from the intrenchments. Sixteen guns, 
a battle-flag, and 300 prisoners were 
taken. I lad an adequate supporting 
force been at hand, the second line of 
works might have been taken with com- 
parative ease. The National loss was 
about 500 men. The Second corps be- 
gan to arrive in the evening, and before 
morning the whole of it had reached the 
scene of action. During the night Bir- 
ney's division held the captured earth- 
works, against which the enemy, knowing 



THE ADMINISTRATION OF LINCOLN. 



80 1 



their value, made demonstrations, but in 
vain. While the infantry were thus 
"operating towards Petersburg from the 
northeast, Kautz, on the extreme left, 
with Spear's brigade in the advance, 
moved against the enemy's works near 
the Norfolk railroad and on the Baxter 
road. After a brisk cannonade on the 
position, which was well fortified with 
artillery, a charge was made by Kautz's 
men armed with carbines ; but the work 
proved too strong to be carried, and 
Kautz was compelled to retire. So far 
Petersburg had been defended by its 
local garrison, but the Confederate troops 
in the neighborhood were rapidly con- 
centrating to its aid. 

" On the morning of the 16th, General 
Butler having learned that a portion of 
the Confederate forces in front of his 
intrenchments at Bermuda Hundred had 
been hurried off to Petersburg, sent out 
General Terry with a part of the Tenth 
corps to reconnoitre. The Confederates 
gave way before them ; and the reserves 
coming up, their line was broken 
through, and finally the railroad was 
reached near Walthall Junction. While 
a working party tore up the track and 
pulled down the telegraph for about two 
miles, the main body of General Terry's 
force moved along the road by which it 
was supposed Lee's advance was ap- 
proaching. But the Confederates at 
length came down upon them in force 
and compelled a retreat. The result 
of the movement was, that travel by 
the railroad was interrupted for about a 
day. 

" In the meantime the National 
troops were gathering around Peters- 
burg. Early on the morning of the 
1 6th, Birney sent Colonel Egan's brigade 
against a redoubt on his left, which was 
carried and held, with the loss of about 
51 



100 men. An attempt was made to push 
forward the picket lines, when skir- 
mishing and artillery firing ensued. But 
reinforcements for the Confederates 
were now rapidly arriving from various 
quarters, and in such numbers that it 
was thought advisable not to push the 
troops forward till the arrival of Burn- 
side's corps. Kautz, however, had 
moved out with his cavalry to the left 
across the Norfolk railroad, to occupy 
ground for the Ninth and Fifth corps. 
In the afternoon Burnside, having 
crossed the James by the pontoon 
bridge, came up with the Ninth corps, 
after a severe forced march from ( 'harles 
City Court-House. Line of battle was 
then formed, with the Second corps in 
the centre, the Eighteenth corps on the 
right, and the Ninth corps on the left. 
Birney's division held the right of the 
Second corps, General Barlow's the left. 
To the left of Barlow was General Pot- 
ter's division of the Ninth corps. The 
ground between the opposing lines, 
though broken and rugged, was rather 
open, with here and there fields of grain. 
At six o'clock the attack was com- 
menced and kept up for three ho 
Birney's division carried the crest in irs 
front, and held it. Barlow's advanced 
brigade found more difficulty, the enemy 
being somewhat concentrated in its 
front. At length Miles' brigade of 
Barlow's division and Griffin's of Pot- 
ter's division, charging in face of a de- 
structive artillery fire, succeeded in 
gaining a foothold in the rifle-pits out- 
side of the stronger works. The ti 
being here annoyed by the enemy's fin-. 
Barlow determined to make an assault 
on his main works; and Burnside pre- 
pared a column to make the attempt in 
connection with him. But the enemy 
having opened a severe fire upon Burn- 



802 



HISTORY OF THE UNITED STATES. 



Book II., c. 33 



side's troops, thus cutting off a skirmish I ing was about 500 men. Potter's divis 
line of 300 men in Barlow's front, the j ion in its charge on the rifle-pits lost 




MAP SHOWING THE POSITIONS OF THE ARMIES NEAR PETERSBURG, VA. 

assault was deferred till morning. Bir- | about the same number. The right 
ney's loss during the three hours' fight- | had not taken an important part in the 






THE ADMINISTRATION OF LINCOLN. 



803 



contest and had suffered but little. The 
total National loss since the beginning 
of the action was between 1,500 and 
2,000, while that of the Confederates, 
owing to their advantage of position, 
was comparatively small. 

"On the morning of the 17th, at four 
o'clock, Burnside ordered Potter's division 
to take the works in its front ; and 
Griffin's brigade, supported by Curtin's, 
carried it with a rush, capturing six 
guns, sixteen officers, 400 men. and a 
stand of colors. A pause then occurred 
in the assault; but sharp skirmishing 
was carried on by the picket lines, and 
the artillery on both sides kept up a 
steady fire. In the afternoon Potter's 
division was relieved by the divisions of 
Wilcox and Ledlie. An advance by 
Ledlie's division was then ordered; and 
the charge was gallantly made, covered 
by a brisk artillery fire. The intrench- 
ments were reached ; after a short but 
bloody contest over the breastworks, 
the Confederates were driven out of them 
and the position was carried ; and 
although several attempts were made by 
the enemy to recover the lost ground, 
it was firmly held. Burnside, now so 
near, was actually able to throw shot into 
the town. The other portions of the 
line had, during the day, been engaged 
in skirmishing, but without attempting 
any decisive assault. The enemy's 
position, opposite the Second corps — 
temporarily commanded by Birney, in 
the absence of Hancock, who was suf- 
fering from an old wound — was deemed 



the position it had carried; and rccrossin-g 
the pontoon bridge over the Appomattox 
at night, it regained the intrenchments 
at Bermuda Hundred in the morning. 
The divisions of Hinks and Martindale, 
on the extreme right, remained, as they 
could not be withdrawn to advantage. 
The Fifth corps, under Warren, cam 
on the left, and was massed there in the 
rear of Burnside. About nine o'clock 
at night the enemy appeared in fori 
Birney 's front, but was driven back. 
Somewhat later, under cover of a 
vigorous shelling from the Confederate 
batteries, the enemy suddenly reapp 
in two columns, one in front, the other 
in flank, and made a desperate and finally 
successful effort to recover the works 
taken by Burnside during the afternoon. 
Leaping the defences in the dark, the 
Confederates succeeded in driving out 
the National troops. 

"On the same day, carl}* in the morn- 
ing, a body of the enemy, consisting of 
parts of the divisions of Pickett and 
Field, attacked the National lines near 
the James. Foster's division of the 
Tenth corps, which held a line extend- 
ing from near Ware Bottom Church 
towards the Appomattox, was pushed 
back some little distance. 

"It was now the morning of the [8th. 
The National line in front of Petersburg 
was disposed as follows, from right to 
left: two divisions of the Eighteenth 
corps, under Martindale and I links; the 
Sixth under Wright; the Second under 
Birney; the Ninth under Burnside; and 



too strong to be attacked with any hope j the Fifth under Warren. It had been 
of success. Barlow's division, on the j intended to make another assault at 
left of the Second corps, had taken part four o'clock in the morning; but 
in Burnside's charge in the morning, and skirmishers having been sent out, 



rendered efficient service. On the right, 
the greater part of the Eighteenth corps, 



found that the enemy had abami 
the works immediately in front for an 



under General Smith, was relieved from | inner scries of defences. New combina 



804 



HISTORY OF THE UNITED STATES. 



Book II., c. 33 



tions, therefore, became necessary. 
Skirmishing and artillery firing went on 
while the enemy's new defensive line 
was being reconnoitred. A general ad- 
vance of the three corps on the left was 
ordered at noon. Gibbon's division of 
the Second corps was pushed forward, 
while the rest of the corps threw out 
double lines of skirmishers to divert the 
enemy's attention. Gibbon's troops 
moved promptly up towards rfie works, 
which were near the railroad to City 
Point; but when t'.iey got out from 
under cover they were suddenly struck 
by a murderous enfilading fire on the 
left. For a time the men pressed vigor- 
ously forward; but their ranks were so 
swept by incessant volleys, that at last 
even the veterans recoiled. The breast- 
works were not even reached when the 
men began to retire, leaving their dead 
and wounded on the field. At four 
o'clock in the afternoon another storm- 
ing party was organized. It consisted of 
Mott's division, with detachments from 
the two other divisions, all of the Second 
corps. Shortly before five in the after- 
noon, Mott moved out his force in two 
columns, and the two leading brigades 
burst upon the enemy in gallant style; 
but in spite of an exhibition of the most 
resolute bravery, they were forced back 
with terrible loss, by a concentrated 
artillery and musketry fire. The Sixth 
and Ninth corps were little more success- 
ful than the Second ; Martindale's divis- 
ion of the Eighteenth corps, although 
at first attended with some success, 
shared the same experience as the 
others. The fighting was continued 
into the night, but gradually died away 
in picket firing. The losses during the 
day had been very heavy, especially on 
tii': part of the Second corps. During 
th - whole operations from the 15th to the 



1 8th of June, the estimated loss in killed, 
wounded and missing was not under 
9,000 men. The four days' assaults had 
had no other result than the decimation 
of the storming columns. 

"During the 19th, arrangements were 
made under a flag of truce for burying 
the dead, and carrying off the wounded 
between the lines. The Sixth corps, 
which had been on the north side of the 
Appomattox, near Port Walthall, was 
relieved by the Eighteenth corps, and 
moved into line on the right. General 
Ferrero's division of the Ninth corps 
also arrived, and was posted in the front. 
Three Confederate rams descended the 
James, nearly as far as Dutch Gap, but 
were soon driven back by the fleet. 
The Confederates continued to intrench 
on the west side of the Appomattox as 
industriously as the National troops did 
on the east side; and having no appre- 
hensions of immediately losing Peters- 
burg, they made some movements in 
other directions. Beauregard in his 
hurry to reinforce Petersburg had hastily 
deserted his old lines in front of Ber- 
muda Hundred; and the Tenth corps, 
as has been stated, made use of the op- 
portunity to cut the Petersburg and 
Richmond railroad; but when they were 
driven back, the Confederates rcoccupied 
their works, and from these lines made 
a slight demonstration in front and some 
raiding movements in the neighborhood 
of the James. On the night of the 19th, 
they succeeded in destroying the 
wharves at Wilcox's and Westover 
Landings, and sent small bodies of 
troops along the river to do whatever 
other mischief they could. They also 
threw up earthworks near Turkey Bend; 
but they were easily shelled out o r them 
by the gun-boats. 

"On the 2 1st, active movements were 



THE ADMINISTRATION OF LINCOLN. 



805 



again commenced by the main army, 
and once more by the left flank, with 
the object of severing the communica- 
tions to the south of Petersburg by the 
Weldon railroad. On the previous 
night the Second corps had been moved 
from its position in the right centre of 
the line to the left, the gap thus formed 
being closed up by the extension of the 
^Ninth corps and part of the Eighteenth. 
It then struck across the Norfolk rail- 
road, and marched rapidly southward, 
though under an intensely hot sun and 
through clouds of stifling and blinding 
dust, with the steadiness which had so 
often characterized it during flank 
marches in the presence of the enemy. 
Griffin's division of the Fifth corps was 
detached to follow; the Sixth corps was 
also moved out in support. Before 
noon the main column halted; but in 
the afternoon Barlow's division of the 
Second corps, with sharpshooters skir- 
mishing in advance, was sent forward, and 
struck the enemy's lines in the neigh- 
borhood of the Jerusalem road, which 
runs southward from Petersburg, about 
midway between the Norfolk and Wel- 
don railroads. The division was then 
halted and put into position, and skir- 
mishers were advanced. These met a 
stout resistance from dismounted cavalry 
pickets; and almost immediately, infan- 
try were discovered in force with artillery 
planted in earthworks. It was evident 
that the enemy understood the value of 
the Weldon railroad, and was prepared 
as well as determined to defend it. 
After a severe skirmish Barlow's ad- 
vanced line withdrew and rejoined the 
main column. Gibbon had in the mean 
time reconnoitred towards Petersburg, 
but without result. On the extreme 
left the enemy's movements were so 
threatening that a squadron of cavalry 



was sent round to protect that flank. 
The Second corps was then retired to 
form in position for the night, with liar- 
low's division on the left, Mott's in the 
centre, and Gibbon's on the right. 
Beyond Gibbon's division was Griffin's 
of the Fifth corps. The Sixth corps 
was intended to be posted between the 
Second corps and the Weldon railroad. 
Rickett's division came up and took ,1 
position on Barlow's left, and the other 
division followed. There was a little 
cavalry skirmishing on the extreme left, 
and the Confederate scouts made a slight 
dash in the evening towards the National 
position; but the day closed without 
any more important movement. The 
fight in the afternoon took place on 
what was known as Davis' Farm, about 
three miles from the city and within a 
mile of the railroad. 

"The day was comparatively quiet in 
the lines cast of Petersburg. The Con- 
federates, early in the morning, op 
fire towards the headquarters of the 
Sixth corps, which had not at that time 
moved out ; and there was more or less 
firing during the day, especially toward-, 
the right. The bridges over the Appo- 
mattox, connecting Petersburg ami Po- 
cahontas, now underwent a daily shell- 
ing from the National batteries. The 
fire directed on the railroad bridge 
caused great annoyance to the enemy, 
as it tended materially to obstruct the 
passage of cars. 

"Some important movements took 
place during the day, to the north of 
Petersburg. Early in the morning Fos- 

division, of the Tenth corps, cro 
to the north side of the James river, by 
a pontoon bridge laid by General Weitzel 
on the previous evening, to a poinl 
tween Aiken's Landing and Four Mile 
Creek. Foster advanced towards the 



8o6 



HISTORY OF THE U XII ED STATES. 



Book II., c. 33 



Kingsland road, drove in the enemy's 
pickets and intrenched at Deep Bottom, 
about ten miles from Richmond. On the 
opposite side of the river was the bat- 
tery of the enemy, known as Howlett's. 
Near this point a fi^jht between the moni- 
tors and Confederate rams took place ; 
but though the latter were aided by 
the battery, they were driven back to 
their usual position on the west side 
of Dutch Gap. The heavy Dahlgrcn 
guns soon silenced the battery ; and in 
the evening they were opened on the 
enemy manoeuvring in front of Foster. 
Foster was thus enabled to hold his 
own for some time without molestation. 
Meanwhile the Eighteenth corps again 
left its camp near Bermuda Hundred, 
once more crossed the pontoon bridge, 
marched to the lines in front of Peters- 
burg, and took the position vacated by 
the Sixth corps. The result of the 
various army movements on the 2ist 
was, that at night the different com- 
mands lay as follows : Foster's division 
was north of the James, at Deep Bottom ; 
the remainder of the Tenth corps being 
with Butler, at Bermuda Hundred. In 
the intrenchments east of Petersburg, 
the right was held by Smith, the centre 
by Burnside, the left by Warren. Three 
or four miles to the south, threatening 
the Weldon railroad, were the corps of 
Hancock and Wright, with Griffin's di- 
vision of Warren. 

" The movement against the Weldon 
railroad was resumed early on the 22d. 
Now that the capture of Petersburg had 
come to be considered out of the ques- 
tion for the present, the severance of the 
Weldon railroad became a primary ob- 
ject. The Sixth corps, the whole of 
which had come up during the night, 
prepared to move, in conjunction with 
the Second corps, directly against the 



railroad. The position of the Second 
corps was near the Jerusalem road, Gib- 
bon's right resting on the left of the 
road, with Griffin's division, of the Fifth, 
on the further side. Gibbon's troops 
were already well up to the enemy's 
works, and needed only to go into posi- 
tion and intrench, as any further ad- 
vance on their part might bring on a 
general engagement before the line wa^ 
properly established. The left of the 
line, therefore, consisting of the Sixth 
corps, with the divisions of Barlow and 
Mott, of the Second, was ordered to ad- 
vance, the movement to commence at 
daybreak. By some misunderstanding 
the march was delayed. At last the 
two corps began to move, at the same 
time, though independently of each 
other, each commander having been 
cautioned to protect his flank well, in 
case connection were not made with the 
other corps. The line had been deployed 
in rather an open style, and covered a 
wide extent of ground, which being dif- 
ficult and intricate, and the movement 
made in presence of the enemy, it was 
thought desirable to mass more closely. 
Accordingly Barlow, who held Han- 
cock's left, pressed well in to the right, 
and threw two brigades into reserve, the 
remainder of his troops forming the ad- 
vance line. But on entering the woods 
a gap began to form between his left and 
the right of the Sixth corps, and he 
placed some regiments to guard his 
flank. Meanwhile, Mott had, without 
difficulty, obtained the position indicated 
for him, and had begun to intrench ; 
Gibbon was already in position; and 
Barlow, having moved forward suffi- 
ciently, was also about to intrench, when 
the startling sound of musketry was 
heard on his flank, and soon afterwards 
in his rear. With a view of checking 



THE ADMINISTRATION OF LINCOLN. 



80: 



the movement against the railroad, the 
Confederate force under Hill was ap- 
proaching in several columns, preceded 
by a dense cloud of skirmishers. The 
Sixth corps was far distant on the left 
and rear. A wide gap was thus left in 
the National line ; but it was happily 
filled up in time to prevent fatal results. 
Quick to take advantage of the mistake 
committed, Hill pushed on an entire di- 
vision, with Mahone's brigade in the 
advance, into the intervening space. The 
attack was made with tremendous energy. 
Barlow was the first to feel the weight of 
the onset. His division bending under 
the blow, was quickly rolled up, thus ex- 
posing Mott's left flank. Mott in turn 
was struck heavily, and fell back, leav- 
ing exposed the left of Gibbon. Gibbon 
shared the fate of Mott and Barlow. 
The intrenchments of each of the three 
divisions were captured. Such was the 
suddenness and impetuosity of the at- 
tack, and so great was the confusion 
resulting from it, that several whole 
regiments were swept off and captured 
almost without a fight. McKnight's 
battery, which had been ably handled, 
was surrounded and captured entire. 
The career of the enemy, however, was 
now checked by the firmness of the 
Twentieth Massachusetts, under Captain 
Patton, who executed a change of front 
with remarkable coolness, courage, and 
skill. The broken corps was at length 
rallied. Miles' reserve brigade, of Bar- 
low's division, was brought up ; Clark's 
New Jersey battery, on the right of the 
Jerusalem road, withstood successfully 
the concentrated fire of the enemy ; Gib- 
bon's division, or rather what was left of 
it, was also rallied, and the beginning of 
a new line was soon formed. 

" It was now towards evening. After 
an unsuccessful effort made by Gibbon 



to capture the lost battery, Meade came 
to the front. Observing that the enemy's 
troops were not in sufficient number to 
cope with his own if well handled, Meade 
again sent forward the Second and Sixth 
corps. The Sixth met with little oppo- 
sition, and attained the position aimed 
at earlier in the day. The Second corps 
went through the woods in strong 
skirmishing lines, and succeeded, though 
not without some effort, in regaining a 
part of the ground from which it had 
been driven. It then went into intrench- 
ments, and passed the night in throwing 
up works and placing batteries for the 
protection of the line. The division of 
Griffin also came up and covered the 
right. The loss sustained in this un- 
fortunate and unskilfully managed affair 
was principally in prisoners, some 2,000 
having been taken by the enemy, in- 
cluding 50 or 60 officers; the number 
of killed and wounded was only about 
500. Four guns also were lost and 
several colors. Picket firing was kept 
up all night, as the last advance had 
placed the opposing lines in close prox- 
imity. A reconnoissance and advance 
made at daylight disclosed the fact that 
the Confederates were strongly in- 
trenched along the east side of the 
Weldon railroad. To the east of Peters- 
burg a sharp artillery and musketry fire 
was kept up all night ; but on neither 
side was an advance attempted. 

"On the 33d, Wright moving out to 
the extreme left, found that the enemy's 
lines did not extend far in that direction. 
He sent a reconnoitring force to the 
railroad, which was reached without 
opposition, And the telegraph wires were 
cut. The Vermont brigade, consisting 
of three regiments, was at once pushed 
forward with instructions to hold the 
road ; but the troops had hardly reached 



8o8 



HISTOR Y OF THE UNITED STA TES. 



Book II, c. 33 



their destination when a division of the flushed with success, after pushing back 
enemy under Anderson came down upon j the Vermont brigade to the main body, 



DIAGRAM I. 











-M5' ^^Jfe* 



SHOWING ilia. POSITIONS Of THE AKMIES A 1 nil-. BATTLE OK MISSIONARY RIDGE. 

their flank and drove them back, captur- 1 commenced a general attack. The result 
ing several hundred prisoners, and then, j was that Wright withdrew his line to- 



THE ADMINISTRATION OF LINCOLN. 



809 



wards evening to the cover of breast- 
works. Little else of importance occurred 
during the day. 

" On the 24th the enemy opened a 
furious artillery fire in front of the 
Eighteenth corps. At its close, a charge 
was made by Hoke's brigade on Stan- 
nard's division of the Tenth corps. The 
attack fell chiefly on the brigade of 
Colonel Henry, who, observing that the 
attacking force was not large, drew in 
his skirmishers ; and when the enemy 
commenced to run over his rifle-pits he 
caused the Fortieth Massachusetts, 
armed with the Spencer repeating-rifle, 
to open fire upon them. This, with 
artillery in flank, easily separated the 
enemy's skirmishing line from his re- 
serve; and about 150 prisoners fell into 
Henry's hands. On the evening of the 
same day, Sheridan's cavalry was attacked 
while on the march from White House 
to rejoin the main army. A brigade of 
infantry was sent to his relief; but the 
affair was very bloody, and the rear- 
guard suffered severely. The enemy 
was beaten off at length ; and the wagon 
train, several miles in length, was saved, 
but not- before a loss of 500 or 600 had 
been sustained. Sheridan's force crossed 
the James in safety on the 25th, four or 
five miles above Fort Powhatan, at a 
point where the pontoon bridges could 
be guarded by gun-boats. 

" During the 25th the enemy was 
busily engaged in repairing the Weldon 
railroad, and the National forces in 
strengthening their positions. All along 
the line, owing to the proximity of the 
opposing pickets, there was skirmishing, 
with occasional artillery firing, but no 
serious fighting. About ten o'clock at 
night a sharp attack was made on the 
right of the Fifth corps and on the left 
of the Ninth. It was commenced by a 



heavy artillery fire, which lasted about 
an hour, followed by the advance of a 
strong skirmish line up to the National 
breastworks ; but the enemy was easily 
repulsed, and the loss was not great on 
either side. 

" From the 26th to the 29th, com- 
parative quiet prevailed in the camps, 
broken occasionally by picket firing, 
skirmishing near the working pari 
and desultory cannonading. From the 
front of Smith's corps a thirty-pounder 
Parrott shell was thrown into the city 
every five minutes, and with such regu- 
larity that it came to be called the 
' Petersburg express.' The earthworks 
along the National lines underwent con- 
stant improvement until they became 
almost impregnable. About eleven 
o'clock on the morning of the 27th, the 
Confederates, much annoyed by the 
regular fire of the thirty-pounder Parrott 
on the city, opened from their heavy 
guns on the west side of the Appomattox. 
The batteries in Smith's front, where 
many guns were now in position, opened 
in reply, and shelled the city, as well as 
the enemy's batteries beyond the river, 
till noon. The opposing pickets along 
some parts of the line entered into an 
agreement not to fire upon each other, 
and the result was an unusual degn 
quiet for a little while ; but Birney found 
it necessary to prohibit the more intimate 
intercourse which this state of things 
had a tendency to bring about. By the 
Second corps on the left, some m 
ments were made with the view of 
guarding against hostile demonstral 
on tin- flank. Hancock, nowconvales- 
cent, resumed command of this corps in 
the evening. At one o'clock in the 
morning of the 28th there was a. false- 
alarm ; and the Eighteenth corps got 
underarms. About this time some very 



8io 



HISTORY OF THE UXITED STATES. 



Book II.. c. 33 



heavy siege guns were got into position, 
and a bombardment of the city was com- 
menced by bursting a shell over it every 
quarter of an hour during the night. 
This fire was continued for some time, 
and on the night of the 30th it caused a 
conflagration in the town. The weather, 
which for many days and nights had been 
intensely hot, causing great suffering to 
the men, whether on the march or in 
camp, now grew a little cooler. The 
excessive heat had been severely trying 
to the wounded. The agents of the 
Sanitary and Christian Commissions 
availed themselves of the opportunity 
afforded by these days of comparative 
quiet to distribute vegetables and luxuries 
among the troops, and in other ways to 
contribute to their comfort. 

" In the movement against the Weldon 
railroad, it had been arranged that Wil- 
son and Kautz should co-operate with a 
strong cavalry force. About two o'clock 
in the morning of the 22d of June, Wil- 
son and Kautz set out from Blackwater 
creek, a little south of Prince George 
Court-House. Wilson was in command. 
The united force numbered 6,000 to 
8,000 men, with three batteries of four 
guns each, half-rifled ordnance, and half 
light twelve-pounders, besides a battery 
of four small mountain howitzers. The 
column struck the Weldon railroad at 
Reams' Station, tore up and burnt the 
track for several hundred yards, and de- 
stroyed the water tank, depot and public 
buildings, as well as a saw-mill at Dutch 
Cross-roads. Moving westward as far 
as Dinwiddie Court-I louse, the command 
proceeded northward to the Petersburg 
and Lynchburg railroad, striking it at 
Sutherland Station, and marching thence 
westward to Ford's Station, about twenty- 
two miles from Petersburg, the brigade 
of Kautz being in the advance. At this 



point, which was reached before even- 
ing, several miles of the track were de- 
stroyed as well as two locomotives and 
sixteen cars; the depot and some stores 
were also burnt. All this was accom- 
plished before midnight, when the com- 
mand bivouacked. In the morning, 
about two o'clock, Kautz again set out 
in advance, and by rapid marching soon 
left a wide gap between his portion of 
the column and that under Wilson. His 
course lay along the railroad in the 
direction of Burkesville, the point of 
intersection of the Lynchburg and Dan- 
ville railroads. He reached Wilson's 
Station about four o'clock, Black and 
W r hite about seven o'clock, and Notta- 
way at noon, whence he hurried on to 
Burkesville. At this place the depots, 
cars, and similar property were destroyed, 
as well as several miles of the track east- 
ward and westward. The railroad he re- 
was constructed of strap rails laid on 
longitudinal stringers of dry yellow pine. 
While the rear was engaged in burning 
and otherwise destroying the depots and 
other buildings along the road, advanced 
parties collected dry rails, piled them up 
against the stringers and set the whole 
on fire. This was done with so much 
method and celerity that miles of the 
railroad were burning at once. 

"The main part of the column, some 
miles in the rear, near Nottaway Court- 
House, encountered about three o'clock 
in the afternoon, a Confederate force on 
its right flank, consisting of two regi- 
ments under Colonel Barringer and Gen- 
eral Dearing. The Second brigade, 
under Colonel Chapman, was formed in 
line; and a sharp fight ensued, which 
lasted till nightfall, when the enemy 
withdrew, carrying off thirty-four pris- 
oners. The loss on each side was about 
sixty. Wilson's troops bivouacked at 



THE ADMINISTRATION OF LINCOLN. 



811 



Nottaway; Kautz bivouacked not far 
from Burkesville. Both commands 
marched towards Meherrin in the morn- 
ing — Wilson's across the country, Kautz's 
along the railroad — formed a junction 
there, and moved on to Keysville, where 
the column bivouacked for the nisrht. 
Kautz's men having worked hard all day 
on the railroad, of which they destroyed 
eighteen miles of the track, besides other 
railroad property. The march and the 
work of destruction were resumed early 
on the 25th; and the whole column 
pressed rapidly forward till about three 
o'clock in the afternoon, when the ad- 
vance came up to the covered bridge 
over the Staunton river. From Burkes- 
ville to this bridge, a distance of about 
thirty-five miles, the railroad track had 
been thoroughly destroyed. Eastward 
of Burkesville the track had also been 
torn up, making an aggregate of fifty 
miles of railroad put out of running 
order. It was very desirable that the 
bridge also should be destroyed, as it 
would consume much time to replace it. 
But the Confederates were well aware of 
its value; and while Wilson and Kautz 
had been destroying the track, they 
had collected in the neighborhood of 
the bridge a considerable force of Vir- 
ginia and North Carolina militia, some of 
whom had been brought up from Danville. 
They had also made such good use of 
their time as to throw up intrenchments 
in front of the bridge, and construct earth- 
works, in which they had placed some 
artillery. They had, besides, placed a 
piece of ordnance on an armored car, 
which could be moved on the railroad. 
On the approach of the National troops 
the enemy opened fire with grape and 
canister. Kautz's four regiments at once 
deployed on the right and left of the 
main road. Sharp skirmishing, with 



considerable loss on the side of Kautz, 
was kept up for some time ; but it soon 
became evident that under the circum- 
stances the National troops could ac- 
complish nothing without suffering dis- 
astrously ; and they were compelled to 
withdraw, after having burnt the railroad 
depot. The chief object of the raid had, 
however, been now accomplished ; and 
at night the column moved eastward, 
reaching Weylsburg about daylight on 
the 26th. After an hour's halt the line 
of march was again taken up, the route 
chosen for the return lying through 
Christianville and across Meherrin creek, 
and thence to Double Bridges on the Not- 
taway. The enemy's cavalry brigade 
again appeared, this time on the left flank, 
and some unimportant skirmishing fol- 
lowed. The Nottaway river was reached 
about noon on the 28th at Double Bridges ; 
and the pickets stationed there were easily 
driven across the bridge by Mcintosh's 
second brigade, which was in the advance. 
It had been intended to cross the Weldon 
railroad at Jarrett's Station ; but informa- 
tion having been received that a large force 
composed of militia and regulars from 
Weldon had been collected there, the 
route was changed to Stony creek, about 
midway between Jarrett's and Reams' 
Stations. Mcintosh's brigade, with the 
Second Ohio and Third Indiana, dashing 
across the bridge, met at once a spirited 
resistance. Nevertheless, the men all got 
over, and Mcintosh formed line of bat- 
tle ; but a considerable Confederate force 
was found lying on the road to the sta- 
tion. After some skirmishing, the Na- 
tional troops found it necessary to act on 
the defensive ; ami they got together as 
rapidly as possible a breastwork of rails, 
loers and earth, in the usual manner. It 
was not long before they had to repel 
several charges. 



8l2 



HISTORY OF THE UNITED STATES. 



Book II., c. 33 



" Wilson, now fearing that if he re- 
mained long in that vicinity, the enemy 
micrht gather about him a force from 
which he could not escape, determined 
to withdraw ; and about eleven at night 
he sent off the command of Kautz with 
the wagons and ammunition trains, and 
between i.ooo and 2,000 negroes, col- 
lected on the march, towards Reams' 
Station. Wilson himself followed before 
daylight with the remainder of his force, 
with the exception of three regiments 
1 ft in the intrenchments to do what they 
could towards detaining the enemy. 
Kautz, on approaching Reams' Station, 
found the Confederates posted in great 
strength, and was at once pressed in 
front and rear by both cavalry and artil- 
lery. When Wilson came up with the 
bulk of his force, he attempted to form 
line of battle ; but he was very soon 
atl icked and defeated, arid his entire force 
thrown into confusion. Of course the 
detachment left at Stony Point could not 
long hold out ; it was flanked and partly 
cut off. The situation of Wilson's col- 
umn now became extremely critical ; it 
was almost entirely surrounded by a 
greatly superior force; and it soon be- 
came a question, not whether the 
National cavalry could hold theirground, 
but whether they could not be captured 
in a body. The plan finally adopted, 
perhaps the best under the circum- 
stances, was for each regiment or 
squadron to make its escape separately 
as it best could. Kautz turned off 
nearly due south with his command. 
1 )etachments moved in various directions; 
and a general stampede was made for 
thj lines near Petersburg, over ditches 
and fences, through swamps and woods, 
and along concealed by-paths, to escape 
the fiercely pursuing foe, who chased 
the fugitives close up to the National 



lines. On the night of the 28th, the 
main part of Kautz's command reached 
the picket reserve in a state of terrible 
exhaustion and excitement, and re- 
mained there through the night. They 
did not reach their old camp till the 
evening of the 30th. Squads and 
solitary horsemen continued to straggle 
back within the lines for two or three 
daws. Badly as Kautz's troops had 
fared they might have had much worse 
fortune had it not been for their com- 
mander's intimate knowledge of the 
country, which enabled him to get his 
men through rapidly. But the}- were 
all thoroughly used up, some of the men 
coming in asleep in their saddles. 

"Wilson was so long without being 
heard from, that it was feared he had 
been captured with all his men. The 
main part of his force did not ride in 
till the 1st of July. He had retreated 
in the night by the road leading south- 
eastward towards Suffolk, and making a 
wide circuit, secured safety at the ex- 
pense of a long route. He crossed the 
Nottaway about thirty miles from Peters- 
burg, and the Blackwater at the County 
Road bridge ; turning then northward 
he made his way to Cabin Point, and 
rode thence into the Union lines about 
five miles from Fort Powhatan. His 
entire force was in wretched plight when 
it returned. Both men and horses were 
worn out and jaded to the last degree. 
Their clothing and accoutrements were 
torn and spoiled, and their horses hardly 
able to walk. They had lost their all. 
The enemy had got possession of the 
entire wagon train — sixteen guns, nearly 
all their caissons, and main- horses. 
The total loss in men was about 1,500. 
Of the large number of negroes col- 
lected, the greater part were recaptured. 
The ambulances, filled with sick and 



THE ADMINISTRATION OF LINCOLN. 



wounded, had been left on the field at 
Reams' Station, under a hospital flag. 
Notwithstanding the unfortunate termin- 
ation of the expedition, Grant expressed 
himself satisfied with the result, inas- 
much as the Danville railroad had re- 
ceived so much damage that considerable 
time must elapse before it could be 
restored to working order. The Sixth 
corps, which had set out for Reams' 
Station in the hope of relieving General 
Wilson's force, did not arrive until all 
was over. The Confederates had disap- 
peared from that point ; and the troops 
took advantage of their absence to de- 
stroy the railroad and telegraph for some 
miles. Many fugitive negroes, who had 
followed Wilson's cavalry, took refuge 
with the Sixth corps. 

"It was now the 1st of July. Little 
of moment occurred during the day in 
the lines before Petersburg. About ten 
o'clock, however, a heavy musketry 
fire from the Confederates broke out in 
front of the Ninth corps, followed 
presently by a charge upon an earth- 
work which General Ledlie had for some 
days been engaged in throwing up. 
After a sharp but short conflict the Con- 
federates were driven back with con- 
siderable loss, as the position was well 
defended by flanking batteries. The 
firing continued at intervals through the 
night. About three o'clock in the 
afternoon of the 2d of July a sharp 
artillery fire was opened by the enemy 
on the line of the Eighteenth corps, and 
was warmly responded to by the National 
batteries. This continued for about two 
hours, without any important result. 
On the evening of the 3d there was some 
firing on the right centre. 

" The 4th of July was celebrated in 
the lines before Petersburg by a national 
salute of thirty-four shots from a thirty- 



8i3 

pounder Parrott in front of Smith's 
position, followed by a general play of 
artillery on the steeples of Petersburg. 
The military bands also played National 
airs all along the line. 

"Comparative quiet reigned until the 
7th, when a battery of heavy guns in 
front of the Fifth corps opened fire upon 
a body of Confederates who were 
observed to be throwing up a new work. 
A general cannonading and a fire of 
sharpshooters followed. In the morning 
and early part of the 8th there was little 
firing. About four o'clock in the after- 
noon, however, the Confederates, spring- 
ing suddenly to their feet, with their ac- 
customed battle-yell, poured a volley of 
musketry into the intrenchments in front 
of Turner's division, on the left of the 
Eighteenth corps. They then quickly 
deployed a skirmishing line, and moved 
rapidly on the works along the front of 
Martindale and Stannard. The entire 
space between the opposing lines was 
soon covered with a dense cloud of 
mingled smoke and dust ; and the 
musketry firing was very sharp for a 
time ; but the enemy was driven back 
without having reached the breastworks. 
In the meantime the batteries all along 
the front of the three corps on the right 
were opened ; and shot and shell wen- 
thrown not only into the space which 
the Confederates had attempted to cross, 
but into the city and over the Appomat- 
tox. The superior weight of metal of 
the National batteries soon overpowered 
those of the enemy. The loss in this 
affair was not very great on cither side, 
although the Confederates got the \ 
of it, as they were uncovered in their 
unsuccessful charge, while their oppo- 
nents were well protected. The cannon- 
ading was all over at dusk 

"After this, there was again for some 



814 



HISTORY OF THE UNITED STATES. 



Book II., c. 33 



days a pause in the fight. It was not I 
until the i8th,that hostilities took again 
any very active shape. On that day, a 
thirteen-inch mortar, which after some 
difficulty had been got into position in 
front of the Eighteenth corps, began to 
throw its huge shells into the enemy's 
works. On the following day there 
was steady artillery firing in front of 
the Ninth and Eighteenth corps, as well 
as from the batteries of the Fifth. A 
heavy rain, the first of any account 
since the army left Spottsylvania Court- 
House, began to fall early in the morn- 
ing, and continued all day and into the 
night. Its cheering influence on the 
army was of great value. There was 
enough of it to lay and thoroughly 
penetrate the dust, which, owing to the 
long-continued drought and the ceaseless 
tread of many feet, had become several 
inches deep in the camps. 

"On the same day General Grant 
rescinded an order of the War Depart- 
ment by which General Butler was 
relieved of his command. Grant not 
only restored Butler, but in addition to 
the Tenth ami Eighteenth corps, he 
gave him command of the Nineteenth 
corps, just arrived at Fortress Monroe 
from the South, and of which General 
Emory's division had gone to aid in the 
defence of Washington. Not long after 
this, General Smith was relieved of the 
command of the Eighteenth corps, and 
was succeeded temporarily by General 
Martindale, and then permanently by 
General Ord. General Gillmore also, 
who had been relieved of the command 
of the Tenth corps, was succeeded 
temporarily by General Brooks and 
Terry, and permanently by General 
Birney, formerly of the Second corps. 

"About ten o'clock in the forenoon of 
the 20th, the fire of the thirteen-inch 



mortar was directed across the river. 
This was responded to by a concentrated 
artillery fire from the enemy, which in 
its turn was replied to by the National 
thirty-pounders and eight-inch mortars, 
together with the light batteries. This 
lasted four hours without any important 
result. The Confederates had estab- 
lished a battery of Whitworth guns at 
Strawberry Plains, about a mile from 
the pontoon bridge over the James, from 
which they were able to deliver an en- 
filading fire on the gun-boats, and had 
disabled the Moidota. A Maine regi- 
ment was moved out to occupy the 
position, which it succeeded in doing 
on the 2 1st, but was driven out of it 
again at night. With the help of the 
gun-boats, the Nationals quickly re- 
covered the position. Cannonading 
was kept up for the next four or five 
days ; but there was no general engage- 
ment. 

"At this date there was completed an 
important work which had been com- 
menced by Burnside just a month 
before, and when the conviction had 
been forced upon the National com- 
manders by the disastrous repulse of 
several storming columns, that the de- 
fences around Petersburg were impreg- 
nable against direct assault. This was 
nothing less than a great mine which 
had been constructed under one of the 
most important of the enemy's works. 
The idea of this mine originated with 
Lieutenant-Colonel Pleasants, of the 
Forty-eighth Pennsylvania, who, as 
well as many men of his regiment, had 
been familiar with mining o r _rations 
before the war. To the men of this 
regiment the construction of the mine 
was intrusted and by them completed. 
The work of excavation was begun on 
the 25th of June, with the utmost pre- 



THE ADMINISTRATION OF LINCOLN. 



815 



cautions as to secrecy, in the side of a 
ravine surmounted by an earthwork in 
front of the position of the Ninth corps, 
and was perseveringly pushed on 
towards the doomed fort, situated about 
2,000 yards from the city. The dis- 
tance to be mined was about 500 feet. 
The mine was constructed in the usual 
manner, the surface having been first 
carefully measured by triangulation. 
As the excavation went on, the earth 
was brought out and thrown on works, 
so as not to give rise to inquiries by 
being allowed to accumulate in great 
luaps. The gallery was made in the 
usual shape, about four feet wide at the 
bottom and sloping upwards so as to be 
narrower at the top. The height was 
about four and a half feet. The ground 
rose towards the fort, and the tunnel was 
so cut as to slope in an upward direction. 
Difficulties in the shape of water and 
quicksands were encountered and over- 
come, though the mine remained very 
damp. When the locality of the fort 
was reached, there was only about 
twenty feet of the earth intervening; and 
the sound could be distinctly heard 
overhead of the nailing of planks and 
timbers, indicating that the occu- 
pants of the fort were making a floor 
for their artillery. Wings were then 
extended to the right and left, in which 
eight magazines were formed, four in 
each gallery, carefully 'tamped' or sep- 
arated by packings of sand-bags and 
wood. Wooden pipes were laid along 
the tunnel to within 100 feet of the mag- 
azines. The ventilation of the mine was 
effected by sinking, just within the ex- 
terior line of works to the side of the 



of air was caused. The smoke issuing 
from the top of the shaft of course could 
not be concealed, but attention was 
diverted from it by keeping fires at va- 
rious places along the line. Finally, 
when all was complete, the chambers 
were charged with about four ton 
gunpowder. To keep the enemy from 
obtaining a knowledge of what was 
going on, intercourse between the oppos- 
ing picket lines was strictly prohibil 
and an incessant skirmishing and artil- 
lery fire was kept up in front of the 
Ninth corps, even while all along the 
rest of the line there was comparative 
inaction. The plan of assault was, to 
explode the mine and immediately after- 
wards open a cannonade from all the 
guns along the line, numbering nearly 
100. Then, before the enemy could 
recover from the confusion and dismay 
which would be naturally created by the 
explosion and sudden burst of a tremen- 
dous artillery fire, a strong storming 
party was to rush through the gap 
which it was supposed would be made 
in the line of the enemy's works, and 
endeavor to carry the position beyond 
— a very strongly fortified crest, called 
Cemetery Hill, completely commanding 
the city, and the key of the enemy's 
position. The National lines had for a 
long time been gradually pushed for- 
ward till they were now not more than 
150 yards distant from those of the 
enemy, the nearest point being the un- 
dermined fort. The intervening ^pace 
was swept by the enemy's artillery; and 
near the fort itself abatis and v.. 
other entanglements had been placed. 
" To add to the probability of su 



tunnel, a shaft, at the bottom of which a j Grant determined, before exploding the 
fireplace was built with a grating open- mine and commencing the assault, to 
ing into the gallery, and by means of a induce Lee to draw off a larg 
fire kept burning at this point a current I tion of his troops from Petersburg by 



8i6 



HISTORY OF THE UXITED STATES. 



Book II., c. 33 



making a feint in another direction. 
With this end in view he began a series 
of movements which indicated a design 
to transfer operations to the neighbor- 
hood of Richmond. Grant's line at 
this time was not less than twenty miles 
long. On its extreme right, across the 
James at Deep Bottom, just above Four 
Mile creek, Foster, with his division of 
the Tenth corps, had been for a long 
time in possession of an intrenched 
camp — a position of considerable im- 
portance, since, so long as it was held, 
the enemy could neither make a demon- 
stration on the National right flank 
from Malvern Hills, which they still 
occupied, nor any successful attempt to 
obtain on the James a position from 
which it would be possible to blockade 
the river. It also constituted an excel- 
lent base for an advance on Richmond 
from the southeast, by three parallel 
roads, and thus served admirably for the 
feint now about to be made in that 
direction. A pontoon bridge, thoroughly 
protected by gun-boats, lay across the 
James in the rear of Foster's position ; 
but in his front was a large force of the 
enemy, effectually barring any advance 
on his part. About a mile and a half 
below the position of Foster, at Straw- 
berry Plains, also held by a small 
National force, a second pontoon bridge 
was thrown across the river on the 2 1st 
of July, and on the following day a 
brigade of the Nineteenth corps crossed 
by it and secured the bridge head. 
The Confederates made a large addition 
to their force in front of Foster's posi- 
tion ; and on the 26th there was in that 
direction rapid and heavy artillery and 
musketry firing, in which the gun-boats 
took part. Skirmishing also was con- 
tinued through the day by Foster's 
infantry, with a loss of about fifty men. 



In the meantime, at four o'clock in 
the afternoon of the 26th, the Second 
corps quietly began to march from its 
position on the extreme left of the line 
before Petersburg, soon followed by 
Sheridan's cavalry, which had been 
lying in camps around its flank and rear. 
The column moved very rapidly with- 
out straggling — Barlow's division first, 
Mott's and Gibbon's next, to Point of 
Rocks on the Appomattox — and crossed 
the river early in the evening. The 
march was then continued to the James, 
which was reached by midnight at 
Jones' Neck, and before daylight the 
crossing began by the pontoon bridge, 
which had been covered with grass and 
hay, to prevent noise. The cavalry fol- 
lowed soon after daybreak, and passed 
the infantry on the New Market road. 
A line of battle was then formed, in 
which the cavalry of Sheridan and Kautz 
held the right. The Second corps lay 
at Strawberry Plains, the brigade of the 
Nineteenth corps on its left, with Foster 
in his old position at Deep Bottom on 
the extreme left. 

" In front of the Second corps lay a 
body of the enemy under General Ker- 
shaw, along a road skirting a pine forest, 
and in rifle-pits, with a battery of four 
twenty-pounder Parrott guns. Up to this 
position from near the bridge ran a road, 
by which the Second corps, about seven 
o'clock, began to advance, the skirmishers 
spreading out across the open space in 
front of the enemy, while the gun-boat 
Mendota in the stream opened fire with 
her ioo-pounder Parrotts. A rapid fire 
was opened at the same time from the 
enemy's battery. In the meantime, how- 
ever, Miles with his brigade of Barlow's 
division, having made a rapid movement 
under cover, got on the flank of the 
enemy's position and made a brisk 



THE ADMINISTRATION OF LINCOLN. 



8l 7 



charge. Kershaw immediately retreated, 
abandoning his battery, which proved 
to be one taken from Butler at Drury's 
Bluff two months before. 

" On the 28th, the troops north of the 
James continued to make demonstra- 
tions ; and the gun-boats occasionally 
shelled the woods. At nine o'clock in 
the morning a general advance of the 
cavalry was ordered; and after a march 
of three miles, Sheridan came upon a 
strong infantry force. His command 
then quickly dismounted and formed in 
a belt of woods, Gregg's division on the 
right, Torbert's on the left. Torbert's 
division on being attacked fell back into 
the woods, but was soon rallied ; and the 
brigades of Merritt and Davies making 
a charge, the enemy broke and left the 
field, after losing about 150 men killed, 
wounded, and prisoners, besides the 
colors of two North Carolina regiments. 
Gregg's division, losing a gun and many 
men, was steadily forced back until about 
five o'clock in the afternoon, when it 
was relieved by the arrival of Gibbon's 
division of the Second corps. The de- 
monstrations were continued on the 29th ; 
and a train of about 400 empty wagons 
was sent over one of the'pontoon bridges 
to the north side of the James, as if an 
advance in great force towards Malvern 
Hills were intended. Nearly 20,000 men 
and twenty cannon had now actually 
been sent over; and the suspicions of the 
enemy were aroused at last to such an 
extent as to produce the effect desired 
by Grant. Lee hurried off from Peters- 
burg a large force to the Richmond side 
of the James ; and as early as the even- 
ing of the 28th, Mott's division of the 
Second corps was secretly moved back 
to Petersburg. After dark the remainder 
of that corps and all the cavalry recrossed 
the river, and marching all night arrived 
52 



before daybreak in the lines before Peters- 
burg. 

" The time for the explosion of the 
mine had now come. Soon after mid- 
night of the 29th all the troops were 
got into position. The Ninth corps, 
which was to head the assault, was 
drawn up in front of the mine, Ledlie's 
division in the advance, Wilcox's and 
Potter's next, in support, and Ferrero's, 
consisting of colored troops, in the rear. 
The Eighteenth corps had been with- 
drawn from its position on the right of 
the Ninth corps and posted in its rear. 
Mott's division of the Second corps, just 
returned from the north side of the 
James, was moved into the position 
vacated by the Eighteenth corps ; and 
the other divisions of the Second corps 
as they arrived were placed in adjoining 
positions. The whole force was closely 
massed, only the necessary garrisons 
being left in the more distant intrench- 
ments. Thus the assaulting force con- 
sisted of the Ninth corps supported by 
the Eighteenth, with the Second 1 
in reserve on the right and the fifth on 
the left. The cavalry were to operate 
on the left if opportunity should offer. 
The time for lighting the fuse was fixed 
at half-past three in the morning of the 
30th; and the troops at that hour were 
in entire readiness, impatiently awaiting 
orders. 

"At the appointed moment the fuse 
was lit; but the mine did not explode. 
The fuse was imperfect. It had 
spliced in two places; and at one of the 
splices the fire had stopped. Two brave 
men who had faith in the mine, and who 
had toiled at it night and day under 
Pleasants, volunteered to go in and apply 
the match afresh. Grant and Meade 
were at the front. It is now ten minutes 
to five o'clock. The earth in the neigh- 



8i8 



HISTORY OF THE UNITED STATES. 



Book II. ,c. 33* 



borhood trembles ; and then, with a tre- 
mendous explosion, what seems a con- 
ical mountain rises in the air, streaked 
and serried with lightning. For a mo- 
ment, it hangs poised ; and then the 
beholder sees in mid-air, timber, stone, 
earth, bodies and limbs of men, and some 
of the heavy guns of the work. Two 
hundred men, many of them still asleep, 
had been blown into fragments. Tt was 
a horrible, shocking affair. So soon as 
the mass fell to earth, ioo guns opened 
fire upon that living Golgotha. 

" Let us now see what advantage was 
gained by the desperate but not wholly 
unjustifiable experiment. Success de- 
pended entirely upon rapidity of action. 
A huge gateway had been opened to 
Cemetery Ridge, and thence into Peters- 
burg. But where is the storming column ? 
Ledlie's division, which had been se- 
lected by lot, was slow to move. When 
it did move, it halted in the centre for at 
least an hour. Ferrero, who with his 
colored troops was to follow Lcdlie, 
could not advance, as the crater was 
choked. Burnside was ordered to move 
forward all his troops ; but still there 
was delay. Ord, now in command of 
the Kighteenth corps, was peremptorily 
ordered by Meade to press into the gap; 
but he declared it to be impracticable ; 
and no doubt he spoke the truth. There 
was no other way by which the troops 
could advance, except by the crater, 
and that was now crowded, literally 
blocked. 

" The scene inside the crater, when 
fust entered by the Nationals, is not to 
be described. It was a Pandemonium 
of horror. In the huge chasm, some 
200 feet long, 60 feet wide, and 30 feet 
deep, were scattered the debris of the 
work, with the torn and tattered frag- 
ments of human beings. Some of the 



more fortunate victims were half-buried, 
and piteously calling for help. Not a 
few were calling for water ; and the cry 
was general, " Yanks, for God's sake, 
take me out; I'll do as much for you 
some time." In such a scene of chaos 
and agony, it is not to be wondered at 
if the National soldiers, left for the most 
part without competent leaders, should 
have halted, and yielded to the claims of 
humanity. The halting, however, was 
ruinous ; for it gave the Confederates 
time to recover from the alarm and 
stupor occasioned by the explosion ; and 
the well-directed fire of the guns on 
Cemetery Ridge falling upon the now 
unfortunate Nationals aggravated the 
horrors of that scene of agony and death. 
It was impossible to advance ; it was 
impossible to retire ; and the officers 
who were present had no longer any 
control. The carnage was frightful. It 
was not a valley of the Shadow of Death. 
It was a valley of Death itself. 

"As early as nine o'clock, Burnside 
was directed to withdraw his troops at 
pleasure. It was two o'clock before the 
order was carried out, and not until 
General Bartlett, who led the attack, had 
been captured, with the greater portion 
of his staff. The mine had proved a 
great and sorrowful failure. Although 
no new thing in war, it was a barbarous 
conception ; and success through such a 
channel would hardly have been glory. 

"The National loss was about 5,000, 
while that of the Confederates, including 
200 prisoners, did not much exceed 
1,000. On Sunday, the 31st, a flag of 
I truce was sent to the enemy with a re- 
el uest for permission to bury the dead 
and care for the wounded ; but owing to 
'an informality this was not obtained till 
I Monday, when an armistice took place 
! in the morning from five till nine. In 



THE ADMINISTRATION OF LINCOLN. 



819 



the meantime many of the severely j with a force in front and rear about equal 
wounded died from exposure, in great to that of Grant, commenced his move- 
suffering, much aggravated by the ex- ments on Atlanta about the same time 
tremely hot weather ; and the bodies of that Grant commenced his on Richmond 
the slain had become so discolored and In front of him Johnston stood at Dal- 
swollen from lying in the sun, that the ton, on the 7 th of May, with an armv 




MAP OF THE COUNTRY BETWEEN CHATTANOOGA, TENN., AND ATLANTA, GA. 



remains of the white men could scarcely 
be distinguished from those of the ne- 
groes." 

We again turn our attention to what was , 
going on in Georgia while these events 
were occurring in Virginia. Sherman, 



of about 45,000 men. With this, by his 
unsurpassed masterly skill and str. 
he succeeded in checking and thwarting 
Sherman's designs for months, as Lee 
had baffled those of Grant. Sherman, 
instead of offering him battle, resorted 



>20 



HISTORY OF THE UNITED STATES. 



Book II., c. 33 



to a flank movement, by which he turned saults, on the 27th of June, which were 

Johnston's left. Johnston fell back and both repulsed with great slaughter. He 

took position at Resaca, where a severe then again swung his hosts around the 

conflict ensued on the 14th of May. Confederate forces, but Johnston suc- 

Sherman again turning his left by ceedcd in safely reaching, without loss, 

overwhelming numbers, Johnston again his fortifications at Atlanta, on the 9th 

met him in the vicinity of New Hope, of July. 




Church, near Dallas, where conflicts 
again occurred on the 25th, 26th, and 
27th of May. Sherman again flanking 
the Confederates, Johnston met his ad- 
vancing column at Kennesaw mountain. 
Here Sherman made two desperate as- 



MAJOR-GKNERAL JAMES B. M'l'HERSON. 

About this time he was reinforced with 
the reserved Georgia militia, numbering 
about 5,000 strong, under the command 
of Gustavus W. Smith, a distinguished 
officer, who had resigned his position in 
the regular Confederate service, the year 



THE ADMINISTRATION OF LINCOLN 



before, on account of some disagreement 
with the War Department at Rich- 
mond. General Toombs, who had, in 
like manner, early in 1863, resigned his 
position in the provisional Confederate 
army, was now in command of a portion 



821 

was much larger than the Confeder- 
ate. In this condition of things, how- 
ever, Johnston was removed on the i;th 
of July, and General John B. Hood put 
in his place. He has been well charac- 
terized as "a successor, brave, indeed. 




GENERAL SHERMAN. 



of the militia under Smith. Johnston's! but rash." Instead of remaining behind 
position at Atlanta was quite as strong as his works to repel assaults upon them, 
that of Lee at Petersburg and Richmond, he rushed out to attack the Federals in 
His losses, from Dalton to the Chatta- front. Within a few days, on the 20th 
hoochee, were not over 5,000; while and 22d of July, were thus fought the 
those of Sherman greatly exceeded great battles of Atlanta. Hood, with 
that number, though the Federal Army unequal forces, assailed the Federals 



>22 



HISTORY OF THE UNITED STATES. 



Dook II., c. 33 



outside of his works, and lost in all about 
8,ooo men, without inflicting any serious 
injury on his adversary. 

X^/ _ 

'.Or 




In these battles the Confederates lost 
one of their ablest officers, Major-Gen- 
eral William Henry T. Walker, and the 
Federals lost the young and gallant 



Major-General James B. McPherson. 
Both these losses were greatly lamented 
by the respective sides. 

On the 31st of August Hood gave up 
the city, and retired towards Newnan. 

Sherman took possession of his prize 
on the 2d of September. 

Hood soon after projected his famous 
Tennessee campaign. This was com- 
menced on the 28th of September. I lis 
army at this time, after all the recruits 
that could be brought to its ranks, 
amounted to only about 35,000. 

The result of this Tennessee move- 
ment was the battles of Franklin and 
Nashville. The battle of Franklin was 
fought on the 30th of November. In 
this Hood gained a signal victory, though 
at considerable loss. The battle of 
Nashville was fought on the 15th and 
1 6th of December. It lasted two days. 
The Confederates here were finally ut- 
terly defeated, and almost routed, by 
Thomas, whom Sherman had left in his 
rear, with forces amply sufficient to meet 
this meditated blow of Hood, of which 
he was fully apprised. In the meantime, 
Sherman, after destroying and burning 
Atlanta, had set out anew from that 
point (on the 15th of November), on his 
grand march to the sea, with an army of 
65,000. As there was no sufficient Con- 
federate force to oppose him, he passed 
through the State almost unmolested, 
laying waste the country in a belt of 
nearly thirty miles in breadth, and reached 
Savannah on the 22d of December, 1864. 
The only resistance was at Griswold- 
ville. Here, on the 22d of November, 
quite a bloody encounter took place be- 
tween the Federal brigade of General 
Walcott, who was demonstrating to- 
wards Macon, and a few Georgia re- 
serves at that place under the command 
of General Cobb. This conflict, consid- 



THE ADMINISTRATION OF LINCOLN. 



823 



•ering th:? relative forces engaged, as well 
as the valor displayed in it, is justly en- 
titled to a place amongst the heroic 
fights of the war. Several hundred fell 
in it, and General Walcott himself was 
wounded. But, however great was the 
honor reflected upon the Confederate 
arms by this engagement, it had no effect 



this year on the 19th of June, by the 
United States steamer Kearsarge, near 
Cherbourg, on the coast of France, and 
was sunk by her. The Confederate iron- 
clad Albemarle, lying at Plymouth, North 
Carolina, was blown up by a Federal 
torpedo, during the month of July. The 
Florida was also captured, on the 7th of 




SINKING OF THE "ALABAMA" BY THE " KEARSARGE." 



whatever in checking or thwarting the 
movement of the grand army of Sherman 
in its progress. So stood the military 
operations on land on both sides at this 
time. 

We will now note the naval operations 
during the same period. The Confeder- 
ate war cruiser, Alabama, commanded 
by Admiral Semmes, was encountered 



October, by the Wachusett, a Federal 
war-ship, in the neutral port of San Sal- 
vador, Brazil. The Federals during the 
year kept an immense fleet afloat, en- 
gaged in keeping up the blockade of 
Confederate ports. Besides this, they 
sent a squadron of twenty-eight ships, 
under Admiral Farragut, to reduce the 
forts that defended Mobile bay. This 




(82 4 ) 



BOAT Ol- THE "DEERHOUND" RESCUING CAPTAIN SEMMES. 



THE ADMINISTRATION OF LINCOLN. 



825 



was early in August The Confederate , and blown up by its garrison the ,ame 
ram, Tennessee, made a desperate resist- | day. On the 7th of August Fort Gain* 9 




u 



SA/VO /£7_/lA/Jv/Tl^yX S 

:^^v/ x— '^OPR/ipj 

— f ' /tecumseh' '>13AIIM 

~-// ^/'MANHATTAN 
// /CHICKASAW V 
// 



OF 



WATLP.S -EI1N 



M 



SCALE OF MILES 



MAP SHOWING THE CITY OK MOBILE AND ITS DEFENCES. 

ance, but was taken on the 5th of | capitulated. On the 23d Fort Morgan 
August. Fort Powell was evacuated surrendered. So this harbor was finally 



8j6 



HISTORY OF THE UNITED STATES. 



Book II., c 33 



and effectually closed. Wilmington, unsuited for agriculture. Several por- 
North Carolina, was now the only re- | tions are found to be almost deserts, of 
maining port through which the Con- , the same character as the great desert 
federates had any communication with of Utah. Little or no vegetation is to 



the outside world by sea; and this only 
by running the gauntlet of the blockade. 
Fort Fisher still stood in defence of the 
entrance to its harbor. 



be found in them, and water for domestic 
purposes has to be brought by pipes 
from several miles distant. This is the 
case in Virginia City. Her admission 



Against the last Confederate sea-coast J was consummated by a proclamation of 
stronghold, a powerful fleet was fitted Mr. Lincoln, on the 31st of October, 
out during the fall. It consisted of fifty 1864. The other event of this year dc- 
war-ships, including seven iron-clads, serving special notice was the Federal 



and put under command of Admiral 
Porter, with a large land force under 
General Butler. A terrific bombard- 
ment was commenced on the 24th, 
which lasted for two days without ac- 
complishing anything. The horrible 
explosion of the Butler ship-torpedo, 



election of the 8th of November, for 
President and Vice-President, foranothc r 
term, after the ensuing 4th of March. 
Mr. Lincoln had been previously nom- 
inated by his party for re-election; and 
with him had been nominated for the 
Vice-Presidency, Andrew Johnson, of 



loaded with 250 tons of gunpowder, was , Tennessee. 

equally ineffectual. The enterprise was The latter was United States Senator 



finally abandoned. 

During the fall of this year the Con- 



when his State allied itself to the Con- 
federacy. He, however, continued to 



federates got to sea, from a British port, hold his seat, and was the only Senator, 
another formidable war-ship, the Shenan- from any of the States, who did so after 
doah t put under command of Captain the withdrawal of their States from the 



James Iredell Waddell, which did im- 
mense damage, estimated at $6,000,000, 
to the Federal whaling-ships in the 
Pacific ocean. 



Federal Union. In this election the 
Democratic party nominated for the 
Presidency, General George B. McClel- 
lan, of the Federal army; and for the 



Two other events of the same year Vice-Presidency, George H. Pendleton, 



deserve notice. One was the admission 
of the people of Nevada into the Federal 




THE COAT OF ARMS OF NEVADA. 

Union as a separate State. Some of the 
richest gold mines on the continent were 
supposed to be within its limits, but 
large portions of the country are arid and 



of Ohio. The result was that Messrs. 
Lincoln and Johnson carried the elec- 
toral votes of every State except three, 
to wit: New Jersey, Delaware, and Ken- 
tucky ; though of the popular vote the 
Democratic ticket received 1,802,237, 
against 2,213,665 cast for Lincoln and 
Johnson. So matters stood on both 
sides at the close of the fourth year of 
the war. 

The year 1865 opened gloomily upon 
the Confederates. The greater part of 
their territory was occupied by the Fed- 
erals, who had over 1,000,000 of men 



THE ADMINISTRATION OF LINCOLN. 



827 



now in the field ; while they could , by Francis P. Blair, Sr., the celebrated 
muster under arms but little, if any, over 1 Hampton Roads Conference, between 




MAP SHOWING THE APPROACHES TO WILMINGTON, NORTH CAROLINA. 

150,000. Their supply of subsistence Mr. Lincoln and Confederate 



was also nearly exhausted. 

In January of this year was initiated 



sioners. This, however, did 
place until the 3d of February 



Commit- 
not take 
and was 



828 



HISTORY OF THE UNITED STATES. 



Book II., c. 33 - . 



the meantime, between the initiation and 
holding of this conference, another tre 



attended with no practical results.* In Georgia, was amongst the earliest victims. 

General George T. Whiting, the general 
in command of the Confederate land 
mendous Federal fleet, under Admiral I forces, also fell, mortally wounded, while 
Porter, with a large land force, under Colonel William Lamb, in command of 
General Terry, had been sent on another I the fort, received several severe wounds, 
expedition against Fort Fisher; and, by though he survived them, 
their conioint operations, this Malakoff | The end was now rapidly approaching. 




CHARLESTON HARBOR AND ITS APPROACHES, SHOWING FORTS SUMTKR AND 
WAGNER, JAMES ISLAM), ETC., ETC. 



of the Confederates had fallen on the 
15th of January. 

In this last struggle for Fort Fisher, 



Sherman commenced about the 1st of 
February his advance from Savannah 
through South Carolina, laying every- 



in which it fell, the Confederate loss was thing waste before him as he had done 
great, in killed, wounded, and prisoners; in Georgia. He passed Charleston, leav- 



Colonel John T. Lofton, of the Sixth 



*For a full nccount of this Conference, about 
which so little is accurately known, and so many 



ing that city to his right; in consequence 
General Hardee, commanding the Con- 
federate forces there, immediately evacu- 



orroneous statements have been made, see Apperr ated tne cit y and joined Other forces to 
« lix R. impede his march. 



THE ADMINISTRATION OF LINCOLN. 



Fort Sumter, about which the first 
•engagement of the war took place as we 
have seen, was now a pile of ruins, but 
still in the hands of the Confederates; 
Colonel Stephen Elliott, Jr., who had for 
a long time held it against the bombard- 
ment of the enemy, was, the year before, 
promoted and transferred to duty else- 
where. After the transfer of Elliott, the 
command of the fort was assigned to 
Captain Thomas A. Huguenin, on the 
17th of February, 1865, who held it, 
though twice severely wounded during 
the continued bombardments, until he 
retired in obedience to the orders of the 
commanding general, with about 300 
veteran soldiers, when Sherman left 
Charleston to the right and was passing 
up into the interior of the State. On 
this, Fort Sumter, with its " record of 
glory," quietly "passed into the posses- 
sion of the enemy." 

Sherman continued his march towards 
Columbia.* This city was burnt by him 
and the Federals under him on the 17th 
of February. On the same day the 
small Confederate force which had con- 
tinued to hold Charleston and Fort 
Sumter was withdrawn from that place 
as stated. This, with the fragments of 
■other shattered armies, amounting in all 
to about 35,000 men, constituted the en- 
tire force that could be brought to face 
Sherman's legions in their progress to 
join Grant in Virginia. At the head of 
this, General Joseph E. Johnston was 
again, in the last extremity, placed in 
command. Two bloody encounters took 
place between his reduced columns and 
Sherman's increased army; one at Ave- 
rasboro, on the 16th, the other at Ben- 
tonville, on the 19th of March. On the 
23d, Sherman reached Goldsboro, N. C, 
where he was joined by large additional 

* See Appendix Q. 



829 



reinforcements, under Schofield and 
Terry, and Johnston withdrew to Raleigh. 
So matters stood here for some time. 

While Sherman was thus proceeding 
through the Carolinas, Sheridan, with a 
large cavalry force, was in motion in 
Virginia. He came down from the 
Shenandoah Valley, laying waste the 
country, and joined Grant near Peters- 
burg, on the 26th of March. 

Lee, with less than 45,000 muskets, 
was now pressed in his trenches, ex- 
tending thirty-five miles in length, in 
defence of the Confederate capital, by 
forces numbering over 200,000. On the 
1st of April his right was turned, and 
the battle of Five Oaks was fought. 
On the 2d, Grant, by a concentration of 
forces, succeeded in making a bre'ach in 
the Confederate general line of defence, 
near Petersburg. Lee was compelled 
now to retire, and give up Richmond at 
last. Several sanguinary and h 
struggles ensued. The remaining thinned 
but resolute and undaunted column- of 
the Confederate chief, like the Spartan 
band at Thermopylae, were soon brought 
to their last death-grapple with the 
monster army of the Potomac. The 
tragic finale was at hand. 

On the 9th of April, at Appomal 
Court-House, the sword of Lee was sur- 
rendered under liberal terms of capitula- 
tion. Not much else pertaining to the 
"annihilated" army of Virginia was left 
to be passed under the formula of tin- 
general surrender then made. 

On this occasion Grant exhibited the 
greatest magnanimity. In his capitula- 
tion, Lee was paroled, and with him his 
army consisting of less than 8,000 Con- 
federates, who then and there grounded 
their arms. 

The parole to officers and men. 
Confederate soldiers and not as rebels, 




(»3o) 



THE ADMINISTRATION OF LINCOLN. 



was, in substance, that they should return 
to their homes and there remain, and 
not to be molested so long as they 
should obey the Federal laws, and the 
lav/s of their respective States. 

Soon after the surrender, Lee took a 



8 3 l 



night of the 2d, after Lee's lines were 
broken, and made their escape to Dan- 
ville, Virginia. Here they receive. 1 in- 
formation of the surrender of Lee. and 
proceeded to Greenesboro, North Caro- 
lina. At this place the Confederate 




CAVALRY CHARGE AT CEDAR 'KEEK. 

formal farewell of his officers and I President, in consultation with his cabinet 

soldiers, which was deeply affecting on | and Generals Johnston and Beauregard, 

both sides. j reluctantly yielded his assent, that 

Mr. Davis and his cabinet, with the \ Johnston might make such terms with 

other officials, had left Richmond on the Sherman as he might be able to do for 



THE ADMINISTRATION OF LINCOLN. 



833 



the suspension of hostilities, with a view 
to the peaceful termination of the war 
by the civil authorities. He expressed 
at the time his belief that all such efforts 
by the Confederates for peaceful nego- 
tiation would utterly fail, as the govern- 
ment at Washington, in his opinion, 
would reject all propositions of that 
nature. The sequel was what was 
known as the "Sherman-Johnston Con- 
vention," which was formally agreed 
to, and signed by them, on the 1 8th of 
April. 

The terms of the agreement were as 
follows : 

" Memorandum, or Basis of Agreement, 
Made this \%th day of April, A. D. 
1865, near Dunham's Station, and in 
the State of North Carolina, By and 
between General Joseph E. Johnston, 
Commanding the Confederate Army, 
and Major-General W. T. Sherman, 
Commanding the Army of the United 
States in North Carolina, both present. 

" I. The contending armies now in the 
field to maintain their status quo until 
notice is given by the commanding 
general of either one to its opponent, and 
reasonable time, say forty-eight hours, 
allowed. 

" II. The Confederate armies now in 
existence to be disbanded and conducted 
to the several State capitals, there to de- 
posit their arms and public property in 
the State arsenal; and each officer and 
man to execute and file an agreement to 
cease from acts of war, and abide the 
action of both State and Federal 
authorities. The number of arms and 
munitions of war to be reported to the 
cnief of ordnance at Washington City, 
subject to the future action of the Con- 
53 



gress of the United States, and in the 
meantime to be used solely to maintain 
peace and order within the borders of 
the States respectively. 

" III. The recognition, by the executive 
of the United States, of the several 
State governments, on their officers and 
Legislatures taking the oath prescribed 
by the Constitution of the United States; 
and where conflicting State govern- 
ments have resulted from the war, the 
legitimacy of all shall be submitted 
to the Supreme Court of the United 
States. 

" IV. The reestablishmentofall Federal 
courts in the several States, with powers 
as defined by the Constitution and the 
laws of Congress. 

"V. The people and inhabitants of all 
States to be guaranteed, so far as the 
executive can, their political rights and 
franchises, as. well as their rights of person 
and property, as defined by the Con- 
stitution of the United States, and of the 
States respectively. 

" VI. The Executive authority of the 
government of the United States not to 
disturb any people, by reason of the late 
war, so long as they live in peace and 
quiet, abstain from acts of armed 
hostility, and obey laws in existence at 
the place of their residence. 

"VII. In general terms, it is announced 
that the war is to cease; a general 
amnesty, so far as the executive power 
of the United States can command, as 
condition of the disbandonment of the 
Confederate armies, the distribution of 
arms, and resumption of peaceful pur- 
suits by officers and men hitherto com- 
posing the said armies. Not being fully 
empowered by our respective principals 
to fulfil these terms, we individually and 
officially pledge ourselves to promptly 




(«34) 



THE ADMINISTRATION 01 JOHNSON. 



obtain necessary authority, and to carry 
out the above programme. 

" W. T. Sherman, Major-General, 

" Commanding the army of the United States in North 
Carolina. 

" J. E. Johnston, General, 



835 



"Commanding Confederate States army in North 
Carolina." 



This was a most opportune and ad- 
mirable basis of terminating the war at 
the time. But while these negotiations 
were going on between the distinguished 
generals on both sides, and four days 
before the Convention was signed, on 
the night of the 14th of April, Mr. 
Lincoln was horribly assassinated, at 
Ford's Theatre, in Washington City, by 
John Wilkes Booth, an actor of note, 
and son of Junius Brutus Booth, the 
famous English tragedian. It was a 
matter of gratification to thousands on 
the Confederate side that Booth was not 
a Southern man and had never been 
connected with their cause. 

By the death of Mr. Lincoln the 
presidency of the United States again 
devolved upon the Vice-President. Mr. 
Andrew Johnson, holding this position 
at the time, therefore, immediately suc- 
ceeded to the Federal Executive Chair. 
From the great excitement created by 
the execrable act by which Mr. Lincoln 
had been taken off, or from some other 
cause, the Sherman-Johnston Convention 
was disapproved by the newly installed 
President. 

Upon being notified of this fact by 
General Sherman, General Johnston then, 
on the 26th of April, entered into a ca- 
pitulation with him, by which he surren- 
dered all the Confederate forces under 
his command, upon similar terms agreed 
upon between Lee and Grant at Appo- 
mattox Court-House. The course of 
Johnston was promptly followed by all 



the other Confederate commanders every- 
where. The last surrender was that by 
E. Kirby Smith, in Texas, on the 26th 
of May. 

But in the meantime, as soon as the 
surrender of Johnston was known at 
Wash.ngton, a proclamation was issued, 
offering $100,000 reward for the arrest 
of Mr. Davis, charging him and other 
Confederates with complicity in the as- 
sassination of Mr. Lincoln. Orders also 
were issued for the arrest of Mr. Stephens, 
Clement C. Clay, of Alabama, and all the 
governors of the Confederate States, to- 
gether with the prominent Confederate 
officers. Mr. Davis, with Mr. Reagan, 
Postmaster-General, and all their partyi 
including Ex-Governor Lobeck, of Texas, 
were arrested on the 10th of May, Mr. Ste- 
phens on the nth; and all the governors 
with many other prominent Confederates 
arrested about the same time. When 
the orders were issued for the arrest of 
General Lee, he immediately wrote to 
General Grant on the subject. General 
Grant instantly repaired to Washington 
and protested against the arrest. It 
is understood he said emphatically that if 
his parole given to Lee and his officers and 
men at Appomattox were violated, he 
would resign his commission in the army. 
This brought the administration to a 
pause ; the order for the arrest of Lee and 
other Confederate officers, some of whom 
had already been arrested, was rescinded, 
and a new phase was given to the prospect 
of affairs in the South. 

On the 29th of May, three days after 
the surrender of E Kirby Smith, Presi- 
dent Johnson announced by proclama- 
tion the termination of the war, in which 
he offered amnesty, upon certain condi- 
tions, to all who had participated in the 
conflict on the Confederate side, except 
fourteen designated classes. The whole 



8 3 6 



HISTORY OF THE UNITED STATES. 



Book II, c. 33 



number of Confederates thus surren- 
dered, including Lee's and all, amounted 
to about 1 50,000 under arms. The whole 
number of Federals then in the field, and 
afterwards mustered out of service, as 
the records show, amounted in round 
numbers to 1,050,000. 

Thus ended the war between the 



It was the most lamentable as well 
as the greatest of modern wars, if 
not the greatest in some respects 
" known in the history of the human 
race." It lasted four years and a little 
over, as we have seen, with numerous 
sanguinary conflicts and heroic exploits 
on both sides not chronicled in this 




States. It was waged by the Federals 
with the sole object, as they declared, of 
" maintaining the Union under the Con- 
stitution ; " while by the Confederates it 
was waged with the great object of main- 
taining the inestimable sovereign right 
of local self-government on the part 
of the Peoples of the several States. 



RUINS OF RICHMOND AFTER THE WAR. 

history ; but many of which will live in 
memory, and be perpetuated as legends, 
and thus be treasured up as themes for 
story and song for ages to come. 

In conclusion of this chapter a few 
comments only will be added. One of 
the most striking features of the war was 
the great disparity between the numbers 



THE ADMINISTRATION OF JOHNSON. 



83; 



on the opposite sides. From its begin- 
ning to its end, near, if not quite, 2,000,- 
000 more of Federals were brought into 
the field than the entire forces of the 
Confederates. 

The Federal records show that they 
had, from first to last, 2,600,000 men in the 
service ; while the Confederates, all told, 
in like manner, had but little over 600,- 



numbcr of Confederates captured and 
held in prisons by the Federals was in 
like round numbers 220,000.* In ref- 
erence to the treatment of prisoners on 
the respective sides, about which much 
was said at the time, two facts are worthy 
of note : one is, that the Confederates 
were ever anxious for a speedy exchange, 
which the Federals would not agree to • 




THE GRAVE OF PRESIDENT LINCOLN. 

OOO. The aggregate Federal population ! the other is, that of the 270.000 Federal 
at its commencement was above 22,000,- prisoners taken, 22,576 died in Coi 
000; that of the Confederates was less erate hands ; and of the 220.GQO Confed- 
than 10,000,000, nearly 4.000,000 of erates taken by the Federals, 26436 
these being negro slaves, and constituting in their hands ;f the mortuary tabk 
no part of the arms-bearing portion of thus exhibiting a large per cent, in favor 
their population. Of Federal prisoners of Confederate humanity. Thecntfa 
during the war, the Confederates took in j #s ee re p rt of Sui^eon-General U. S. urmy. 
round numbers 270,000 ; while the whole f See Mr - S'-™" 1 "- Se*reta*y of W»r, report, 



838 



HISTORY OF THE UNITED STATES. 



Book II., c. 34 



on both sides, including those who were 
permanently disabled, as well as those 
killed in battle, and who died from 
wounds received and diseases contracted 
in the service, amounted, upon a reason- 
able estimate, " to the stupendous aggre- 
gate of 1,000,000 of men." 

Both sides, during the struggle, relied 
for means to support it upon the issue 
of paper money, and upon loans secured 
by bonds. An enormous public debt was 
thus created by each, and the aggregate 
of money thus expended on both sides, 
including the loss and sacrifice of prop- 
erty, could not have been less than 8,ooo,- 
000,000 of dollars — a sum fully equal to 
three-fourths of the assessed value of the 
taxable property of all the States to- 
gether when it commenced. 



CHAPTER XXXIV. 

ADMINISTRATION OF JOHNSON. 
(15th of April, 1865 — 4th of March, 1869.) 

The new President's antecedents — Lincoln's cabinet 
continued — Rejection of the " Sherman -Johnston ' 
Convention — Arrest of Mr. Davis, Mr. Stephens 
and all the high officials of the Confederate gov 
ernment — His proclamation of peace, and pro 
clamation for reconstruction of North Carolina 
with the other States — Terms of proclamation com 
plied with — Thirteenth Amendment adopted — 
General Grant's report on the condition of the 
South — Mr. Stephens elected to the United States 
Senate from Georgia, on the organization of the 
S'.ate under the Georgia policy — His speech before 
the Georgia Legislature in 1866 — General Winfield 
Scott's death — The Johnson Convention in Phila- 
delphia, August, 1866 — Rupture between the Pres- 
ident and Congress — New reconstruction measures 
passed — Fourteenth Amendment proposed — Not 
ratified by the Southern States — New reconstruction 
bill passed — Passed over the veto of the President 
— Government under Johnson's policy overthrown 
— Southern States divided into five military districts 
— Writ of Habeas Corpus suspended throughout 
the whole of them in time of peace — Mr. Davis' 
release and enlargement on bond — Indictment for 
treason finally quashed by government without a 




trial — General pardon proclaimed by Johnson — A 
limited number excepted — Another Presidential 
election — Candidates and result of election — Grant 
and Colfax elected — Acquisition of Alaska — Death 
of ex-President Buchanan. 

NDREVV JOHNSON, of Tennes- 
see, Seventeenth President of 
the United States, succeeded to 
the chief magistracy thereof, on 
the 15th of April, 1865, as has 
been stated in the last chapter. He was 
in the fifty-seventh year of his age. Be- 
fore the war he had been attached to the 
strict construction school of statesmen ; 
he voted for Mr. Davis' resolutions in the 
Senate heretofore cited, in i860, and 
had supported Breckinridge and Lane 
for President and Vice-President in that 
year. When the war broke out he 
sided with the North, and was the only 
Southern Senator as before stated who 
retained his seat in the Senate after his 
State had seceded. He was the author 
of the resolution of the Federal Con- 
gress in July, 1 861, soon after the first 
battle of Manassas, declaring the objects 
for which the war should be waged, and 
which has been noted in its proper place. 
Great anxiety, therefore, was felt every- 
where as to the course he would now 
adopt. 

The first indication of his policy given 
by the new President was the reten- 
tion of all Mr. Lincoln's cabinet then in 
office. Some changes in this had been 
made by Mr. Lincoln. On the death of 
Chief-Justice Taney, the 1 2th of October, 
1864, in the eighty-eighth year of his age 
(who had presided on the bench of the 
Supreme Court with eminent ability for 
over twenty-eight years), Mr. Salmon P. 
Chase, of Ohio, who took such a promi- 
nent position in the Peace Congress, was 
transferred from the Treasury Depart- 
ment to this highest judicial office under 



THE ADMINISTRATION OF JOHNSON. 



839 



the government, and Mr. Hugh McCul- 
loch, of Indiana, was appointed Secretary 
of the Treasury, in place of Mr. Chase; 
James Harlan, of Iowa, was also Secre- 
tary of the Interior, in place of Caleb B. 
Smith; William Dennison, of Ohio, was 
Postmaster-General, in place of Mr. 



ston Convention," for a general pacifica- 
tion and a restoration of all the States 
to their position in the Federal Union, as 
we have seen. 

After this came his proclamation of 
peace, on the 29th of May, as stated. 
This was after the surrender of all the 




ANDREW 

Blair ; and James Speed, of Kentucky, 
was Attorney-General, in place of Mr. 
Bates. These and the other members 
of Mr. Lincoln's cabinet were all re- 
tained by Mr. Johnson. The first most 
important act of President Johnson was 
his disapproval of the " Sherman-John- 



JOHNSON, 

Confederate forces under arms, and aftei 
the arrest and imprisonment of Mr. 
Davis, and all the civil officers of the 
Confederate and State governments and 
State executives that could be found, 
after the order for the am 
Confederate generals, and their releas 



840 



HISTORY OF THE UNITED STATES. 



the interposition of prant, as stated. He 
still continued, however, to hold all the 
seceded States under military rule. On 
the same day of his proclamation of 
peace, 29th of May, he issued another 
proclamation as commander-in-chief of 
the armies of the United States, appoint- 
ing a provisional governor of the State 
of North Carolina, and providing for 
the assemblage of a convention in that 
State, to form a new Constitution, under 
which the State would be recognized 
by him as a member of the Federal 
Union. This convention was to be 
chosen by certain classes of electors 
under the Constitution of North Caro- 
lina as it existed when the war com- 
menced, to the exclusion of others. No 
new element of constituency was intro- 
duced. 

A similar course was pursued by him 
towards the States of Virginia, South 
Carolina, Georgia, Florida, Alabama, 
Mississippi, Arkansas, Louisiana, and 
Texas. 

To the Convention in Georgia, elected 
and assembled in- November, 1865, 
under the Presidential proclamation, Mr. 
Seward, Secretary of State, sent a tele- 
gram to the effect that abolition of 
slavery and the ratification of the Thir- 
teenth Amendment would be deemed 
essential by the administration to the 
recognition of the State as a member of 
the Union. President Johnson sent a 
telegram to the effect that the repudia- 
tion of the war debt of the State would 
be deemed a like essential to her recog- 
nition as a State. It is presumed that 
like telegrams were sent to the other 
States, though of this the author has no 
positive knowledge. 

The people of North Carolina, and of 
the other nine States named, complied 
with the terms required of them ; an- 



Hook II., c. 34 



nulled their ordinances of secession ; re- 
newed their obligations to the Federal 
Union ; made new Constitutions for 
their own government ; and also ac- 
cepted and adopted the Thirteenth 
Amendment* to the Constitution of the 
United States as a result of the war, 
which provided for the prohibition of 
slavery forever in all the States. This 
had been proposed to the States by the 
Federal Congress at its last session, as 
before stated. They moreover elected 
Senators and members to the Federal 
Congress in pursuance of what was 
known as the " President's policy." 
Peace, quiet, law, and order, with the 
protectfon of life, liberty, and property 
by the local authorities, prevailed 
throughout their limits. 

On the 27th of November, 1865, Gen- 
eral Grant, at the instance of the Presi- 
dent, made a tour through the Southern 
States, passing through Raleigh, Charles^ 
ton, Atlanta, Augusta, Savannah, and 
other Southern cities. In his official re- 
port to the President, among other things 
he said : 

" I am satisfied that the mass of think- 
ing men of the South accept the present 
situation of affairs in good faith. The 
questions .which have hitherto divided 
the sentiments of the people of the 
two sections — slavery and State rights, 
or the right of a State to secede from 
the Union — they regard as having 
been settled forever by the highest 
tribunal — arms — that men can resort 
to." 

On the assembling of the Thirty-ninth 
Congress of the United States, in De- 
cember, 1865, the policy thus inaugu- 
rated by Mr. Johnson was bitterly as- 
sailed by the agitators, who about this 
time came to be known by the party- 

* See Appendix D. 



THE ADMINISTRATION OF JOHNSON. 



name of " Radicals." They had a ma- 
jority in both Houses of the Federal 
Congress as then constituted, and denied 
to the ten States referred to, representa- 
tion in either. They insisted that the 
Federal Union should not be restored as 
it was before, but be " Reconstructed " 
upon a new basis of constituency in 
these ten States. They also proposed 
what is known as the Fourteenth 
Amendment to the Federal Constitu- 
tion ; but in proposing it, refused ten 
States of the Union any voice or hearing. 



841 



ceeded to Washington, where he was 
denied admission, as the two Houses 
were then engaged in their reconstruc- 
tion policy, and fixing disabilities to 
hold Federal or State offices, upon all 
those prominent on the Confederate side 
during the war. 

On the 29th of May, [866, Lieutenant- 
General Winfield Scott died, at the ad- 
vanced age of eighty years. On tlie 14th 
of August, 1866, the notable Johnson 
policy convention assembled in Philadel- 
phia. It was largely attended, and great 




THE LANDING AT 

In January, 1866, after the State of 
Georgia was reconstructed on the John- 
son policy, Mr. Stephens, ex-Vice-Pres- 
ident of the Confederacy, was chosen to 
the Senate of the United States. This 
was against his judgment and will ;* he, 
however, accepted the trust, and pro- 

* A speech he made to the Georgia Legislature, 
nfter his election, in which he dwelt at large upon 
the then situation of the country, and which was 
unanimously entered upon the journals of both 
Houses, thus giving this high authoritative indorse- 
ment of his sentiments, will be found in Appendix L. 



MOBILE, ALABAMA. 

enthusiasm prevailed, but owing to its 
exclusiveness, in ruling out all anti-war 
Democrats at the North, and all promi- 
nent persons connected with the war on 
the Confederate side, its results amounted 
to nothing. The reconstruction policy 
of Congress, in antagonism to the 
Presidential policy, led to an open and 
violent rupture between the President 
and a majority of both branches of I 
gress. 

Their proposed Fourteenth Amend- 



842 



HISTORY OF THE UNITED STATES. 



Book II., c. 24 



ment was refused adoption by every one 
of the ten States which was denied a 
voice in its proposal, and by several of 
the Northern States. In this state of 
things the Agitators at the next session * 
resorted to the revolutionary course of 
declaring the ten Southern States named 
to be in a state of rebellion, and dividing 
them into five military districts, over 



compel the people of these States to 
comply with the exactions made on their 
line of " reconstruction." Their line 
was to disfranchise hundreds of thou- 
sands of the white people of the States 
to be " reconstructed," with the general 
enfranchisement of the males of the 
colored race of twenty-one years of age 
and over, in the same States; and to 




TERRITORY. 



each of which a military commander 
was placed. The State officials, execu- 
tive, legislative, and judicial, in each of 
these ten States, were all removed ; the 
writ of habeas corpus was suspended in 
time of profound peace, and near nine 
millions of people put under absolute 
military sway. This was all done to 

* For a full presentation of the author's views of 
the reconstruction acts and policy, see Appendix T. 



fix political "disabilities" or " disquali- 
fications " to hold office on every one in 
these States who had ever before the 
war held any office of honor or trust, 
State or Federal, from the highest to the 
lowest. 

Thus was inaugurated by the Agitators 
a new war, not only upon these States, 
but upon the Constitution itself, and 
upon all the fundamental and essential 



THE ADMINISTRATION OF JOHNSON. 



843 



principles on which the entire fabric of 
American free institutions was based. 

Mr. Johnson vetoed the reconstructive 
measures thus passed ; but his veto was 
overruled by a two-thirds vote in both 
Houses, ten Southern States being ex- 
cluded from representation. He vetoed 
other measures of like character, with 
the same result. A quarrel ensued 
between him and Mr. Stanton, Secre- 
tary of War, who continued to hold 
his office in defiance of the executive 
order dismissing him therefrom. This 
and divers other matters of alleged 
malfeasance led to the impeachment 
of the President by the House on the 
22d of February, 1868. The Senate 
sitting as a high court of impeachment, 
Chief-Justice Chase presiding, came to a 
decision on the 26th of May following, 
when a conviction failed by one vote 
only. 

Under the military domination of the 
Radical revolutionary reconstructive 
measures, new conventions were called 
in the ten Southern States. The old 
constitutional constituencies of these 
States were ignored in the formation 
of these conventions. Many thousands 
of the white race in each of them were 
disfranchised, while unlimited suffrage 
was extended to the black race, as 
stated. 

Several prominent leaders in the 
Southern States, such as Benjamin F. 
Perry and James F. Orr, in South Caro- 
lina; Ex-Governor Joseph E. Brown, 
Chief-Justice Hiram Warner, Joshua 
Hill, and the first provisional governor, 
James Johnson, of Georgia ; Alexander 
White and Samuel F. Rice and others, 
of Alabama ; and Albert G. Brown and 
James L. Alcorn and others, of Missis- 
sippi ; as well as several in all the other 
States, advised the acceptance of these 



terms as the best that would ever prob- 
ably be obtained. Their position in the 
main was that, notwithstanding the reso- 
lution adopted by the Federal Congress 
in 1861 that the war should not be 
waged for subjugation, it had neverthe- 
less been so waged and had so resulted. 
They looked upon the people of the 
Southern States as conquered, and 
conquered people they ought to make 
the best terms possible with their con- 
querors. If they were rejected the gen- 
eral confiscation of property might en- 
sue. By these conventions, so consti- 
tuted, and under bayonet dictation, the 
exacted Fourteenth Amendment was de- 
clared adopted by the requisite number 
of States to make it part of the Federal 
Constitution. 

All the Confederate officials with two 
exceptions, and all other "State prison- 
ers," as they were called, caused to be 
arrested by Mr. Johnson after the sur- 
render of their armed forces, in May, 
1865, as stated, were discharged within 
twelve months, on parole, without bond, 
to answer any prosecution that might 
thereafter be brought against them by the 
Federal authorities. Mr. Stephens and 
Mr. Reagan, who had been impris 
in Fort Warren, Boston Harbor, were 
thus enlarged on the 13th of October, 
1865, and all others who had in like 
manner been arrested about the 
time, except Mr. Clement C. Clay, a 
former United States Senator from Ala- 
bama, and Mr. Davis. Subsequently 
Mr. Clay was released on a like parole. 
This gentleman had been charged with 
complicity in the assassination of Lin- 
coln, in the proclamation issued fr<>n> 
Washington, offering a reward for Mr. 
Davis; upon seeing this he voluntarily 
surrendered himself to the n 

ral officer, protesting that no ground 



344 



1US10RY OF THE UNITED STATES. 



existed for such accusation; notwith- 
standing this, he was put in close con- 
finement at Fortress Monroe, and there 
held until the spring of 1866, when 
he was discharged without any proof 
having been brought against him con- 
necting his name in the slightest way 
with the alleged charge. Mr. Davis was 
continued in close confinement, in irons 
part of the time, at Fortress Monroe. 
The government at Washington utterly 



Book II., c. 34 



ment was finally quashed by the govern 
ment the year afterwards, and neither he 
nor any other Confederate was ever 
brought to trialon a charge of treason. 

On the 4th of July, 1868, President 
Johnson issued his general proclamation, 
pardoning all who had been connected 
with the Confederate side of the question 
in the war, with a very few exceptions. 

In the meantime, it will be proper 
here to state, as it has been omitted in 





FORT WARREN. 

failing to find any evidence to implicate its due connection, that Congress had 



him in complicity with the assassina- 
tion of Lincoln, there was afterwards in- 
stituted against him a prosecution for 
treason in the Federal Court embracing 
that part of Virginia. He, however, was 



from 1 86 1 to 1868 organized and estab- 
lished territorial governments for Ari- 
zona, Dakota, Idaho, Montana, and 
Wyoming, thus inaugurating govern- 
ments over all the territory from the 



never put on trial, though he constantly Eastern States to California. Most of 
urged it. Bail was allowed him on the these Territories abound in mineral wealth 
1 3th of May, 1 867, and Mr. Greeley and i — especially silver and gold ; but some of 
other distinguished Northern gentlemen ! the most remarkable geographical phe- 
became surety on his bond; the indict- nomena are exhibited in each of them. 



THE ADMINISTRATION OF JOHNSON. 



8 45 



"The Yellowstone National Park, 
located in the northwestern corner of 
Wyoming Territory, is a tract of country 
more remarkable for the wonderful curi- 
osities of nature than any other region 
on the globe. It may very properly be 
called the ' Northern Wonderland,' in 
contra-distinction to a similar region in 
New Zealand, which is now known as 
the ' Southern Wonderland.' It is a 



of this country, and the information thus 
obtained induced the organization in 
1870 of an expedition under the direc- 
tion of General Washburnc, Surveyor- 
General of the Territory. To this expe- 
dition was attached Mr. N. P. Langfonl, 
and Lieutenant Doane, both of whom 
excited much interest among our people 
by their reports. In 187 1 Prot 
Hayden visited this region with a well- 




SHOSHONEE FALLS, IDAHO TERRITORY. 



singular fact that it is only within about 
six years that this marvellous region has 
been made known to the world. Vague 
rumors of great volcanoes, spouting hot 
springs, mud springs, etc., had reached 
the civilized world from time to time, 
but they were supposed to be the wild 
vagaries of the wandering mountaineers, 
and produced no lasting impression. In 
1869, a small party of surveyors from 
Helena, Montana, penetrated a portion 



organized scientific corps made a careful 
exploration of the most remarkabl< 
tures, and on the return of the expedition 
to Washington the reports excited 
general interest, both at home and abroad 
In February, 1872, the Congress of the 
United States passed an aet 1 
an area of about 3,575 square mil 
the northwestern corner of Wyoming 
Territory, withdrawing it from - 
merit, occupancy, or sale under the laws 



846 



HISTORY OF THE UNITED STATES. 



Book II., c. 31 



of the United States, dedicating and 
setting it apart as a public park or 
pleasuring ground for the benefit and 
enjoyment of the people." * 

During the fall of 1868 another Fed- 
eral election took place for President and 
Vice-President. The Radicals, still bear- 
ing the name of " Republicans," met in 
Convention at Chicago on the 19th of 
May, and put in nomination for the 
Presidency, Ulysses S. Grant, of Illinois; 
and for the Vice-Presidency, Schuyler 
Coifax, of Indiana. 

In a brief acceptance of the nomina- 
tion, General Grant, though it was known 
lie had been very decidedly against the 
policy of the Reconstruction measures, 
without making any reference to politics, 
presented his own platform in these 
historic words: " Let us have peace." 

The Democrats held their General 
Convention in the city of New York, on 
the 4th of July, and nominated Horatio 
Seymour, of New York, for the Presi- 
dency, and General Francis P. Blair, of 
Missouri, for the Vice-Presidency, upon 
a platform extremely denunciatory of the 
Reconstruction measures, declaring them 
to be unconstitutional, null, and void. 
General Blair had taken a most active 
and prominent part in the war on the 
Union side so called. He was a repre- 
sentative in the Thirty-fifth Congress 
from Missouri, and was the first avowed 
abolitionist that was ever sent to Con- 
gress from a slave State. He was bit- 
terly opposed to the new Radical war 
upon the Constitution itself. This he 
held to be revolutionary, and founded 
upon most glaring usurpations of power. 
The result of the election was the choice 
of Grant and Colfax by the Electoral 
Colleges; they received 217 of the elec- 



*See Johnson's Cyclopaedia, Appendix, written 
in 1S75. 



toral votes, while Seymour and Blah- 
received but /j. 

The States voting for Grant and Col- 
fax were Alabama, Arkansas, California, 
Connecticut, Illinois, Indiana, Iowa, 
Kansas, Maine, Massachusetts, Michi- 
gan, Minnesota, Missouri, Nebraska, 
Nevada, New Hampshire, North Caro- 
lina, South Carolina, Ohio, Pennsyl- 
vania, Rhode Island, Tennessee, Ver- 
mont, West Virginia, Wisconsin — 25. 
The States voting for Seymour and 
Blair were Delaware, Georgia, Kentucky, 
Louisiana, Maryland, New Jersey, New 
York, and Oregon — 8. 

Of the popular vote cast Grant and 
Colfax received 2,985,031, and Seymour 
and Blair received 2,648,830. 

In Florida no electoral vote was cast 
— that State had complied with the Re- 
construction acts in June, 1868, but no 
arrangement had been made for the 
election of electors by the Legislature, 
according to their new Constitution then 
formed, owing to disagreements between 
the Governor and the Legislature. 

The States of Mississippi, Texas, and 
Virginia were not allowed to vote, be- 
cause they had not complied with the 
" Reconstruction" exactions. Had they 
and the disfranchised in other States 
been allowed to vote, the popular ma- 
jority would unquestionably have been 
largely in favor of Seymour and Blair, 
notwithstanding the new colored element 
that had been clothed with the right of 
suffrage. As it was, the Radical major- 
ity was only 336,201. 

Some events of Mr. Johnson's admin- 
istration deserve special notice. One of 
these is, the admission of the people of 
Nebraska as a separate State in the 
Union. This took place on the 1st of 
March, 1867 ; the whole number of 
States now constituting the Union being 



THE ADMINISTRATION OF GRANT. 



thereby swelled to the number of thirty- 
seven, and all, according to the Consti- 
tution, and according to the terms of 
their admission, being " upon an equal 



847 




COAT OF ARMS OF NEBRASKA. 

footing with the original thirteen." Dur- 
ing the summer of the same year, the 
territory of Alaska, containing 500,000 
square miles, was acquired by purchase 
from Russia, at the price of $7,200,000 
in coin. A treaty was also made with 
Denmark during Mr. Johnson's admin- 
istration, for the islands of St. Thomas 
and St. John, but was not ratified by the 
Senate. It may be further noted that it 
was during his administration that ex- 
President Buchanan died, at Wheatland, 
on the 1st of June, 1868, in the 78th 
year of his age. And it should also be 
noted that just before the expiration of 
his term of office, Congress proposed a 
new amendment to the Constitution of 
the United States, known as the Fifteenth, 
to the States for their ratification. It 
was in these words : 

"Section i. The right of the citizens 
of the United States to vote shall not be 
denied or abridged by the United States, 
or by any State, on account of race, 
color, or previous condition of servitude. 

"Section 2. The Congress shall have 
power to enforce this article by appro- 
priate legislation." 

At the expiration of his term of office 
President Johnson retired to his home in 
Greenville, Tennessee; where he con- 
tinued to reside enjoying the confidence 
of the people of the State, to a greater 
extent, perhaps, than he ever did before, 



until he was again called to the United 
States Senate, as we .shall see. Take 
him all in all he was one of the mo t 
remarkable men that ever figured in 
American history. 

CHAPTER XXXV. 

ADMINISTRATION OF (.KANT. 

(4th of March, 1S69— 4th of March, 1S77.) 

Inauguration — Inaugural address — New cabinet — 
Changes in it— Forty-first Congi 4th of 

March, 1S69— District Civil Rights I. ill passed— 
Completion of Union Pacific railroad, May 10, 
1869— Death of ex President Pierce— Death of 
Edwin M. Stanton— Black Friday in Wall street- 
Second session Forty first Congress — Virginia, 
Mississippi, and Texas readmitted into the Union 
— Georgia readmitted some time before — Fifteenth 
Amendment announced ratified, 15th March — 
Enforcement act of May, 1K70 — Establishment of 
Signal Service Bureau — Events in Georgia — 
election of 1870— Arrest of Judge Stephens for 
violation of Enforcement act — He speaks in his 
own defence, before United States Commissioner 
Swayze — Indictment against him ignored I \ 
eral grand jury — Amendment of Enforcement act 
by Congress — Death of General Robert E. I.ee — 
Repeal of income lax — Repeal of the iron-clad 
oath — Modified oath substituted for Confe 
office-holders — Forty-second Congress — Ackcrman 
succeeds Hoar as Attorney-General — Great number 
of prosecutions for violation of Enforcement and 
Ku-Klux acts — Williams succeeds Ackerman — 
Grant's pardon of convicts in South Carolina — . 
Great fire at Chicago — Immense loss of pi 
and life — Second session Forty-second Congres — 
Removal of disabilities of 150,000 Southern citi- 
zens — Modoc war — Massacre of Canby, Ti. 
and others — Execution of Captain Jack— Boundary 
line between United States and England finally 
sc ttl e ,l — Necrology of 1S72 — Presidential election 
f 1872 — Candidates, with results— Great fire in 
Boston — Demonetization of silver — Credit M.. 
bilier Salary grab— Louisiana troubles, growing 
out of frauds in election of 187a President's mes- 
sage on the subject— (".rant's second inaugural — 

Troubles in Louisiana in September — Great fraud* 

in election there in 1S73 — Final settlement of the 
questions — Great monetary panic of 1S7 ? — Caused, 
it is believed, by demonetization of silver — Admis- 
sion of Colorado — Centennial celebration of 1773 

These only preludes to the grand international 

celebration of the Unite. 1 States — McCabc's account 



8 4 8 



HISTORY OF THE UNITED STATES. 



Eook II., c 35 



of this — Presidential election of 1876 — Candidates, 
and results — Electoral Commission — Hayes and 
Wheeler declared elected by majority of one — 
Giant's retirement. 

[eNERA I . U LYSSES S. GRANT, 
of Illinois, the eighteenth Pres- 
ident of the United States, was 
duly inaugurated on the 4th 
day of March, 1869, for a term 
extending to the 4th of March, 1873. 
He was the fifth President whose military 
achievements had contributed more to 





GENERAL ULYaSES S. GRANT. 

his election to this high office than any 
services rendered in the civil depart- 
ments of the government. He was at 
the time in the forty-seventh year of his 
age. His inaugural, delivered before an 
immense crowd of enthusiastic admirers, 
on the east portico of the capitol, was 
brief and pointed. He was no orator as 
Pierce was ; and his address on this 
occasion was rehearsed from a man- 
uscript before him. It might be charac- 
terized as a good specimen of the "mul- 



tum in parvo!' He said " he should have 
no policy of his own, except to carry out 
the will of the people, as expressed by 
the legislative department, and ex- 
pounded by the judiciary. Laws," said 
he, " are to govern all alike, those op- 
posed, as well as those who favor them. 
I know of no method to secure the re- 
peal of bad or obnoxious laws so effect- 
ive as their stringent execution." The 
oath of office was administered by Chief- 
Justice Chase. 

His cabinet consisted at first 
of Elihu B. Washburne, of Illi- 
nois, Secietary of State; Alex- 
ander T. Stewart, of New York, 
Secretary of the Treasury ; John 
D. Rawlins, of Illinois, who had 
been his chief of staff from the 
beginning of the great war until 
its termination, Secretary of War; 
Adolph E. Borie, of Pennsylvania, 
Secretary of the Navy ; Jacob D. 
Cox, of Ohio, Secretary of the 
Interior; John A. J. Cresswell, 
7 of Maryland, Postmaster-Gen- 
eral ; and Ebenezcr R. Hoar, 
of Massachusetts, Attorney-Gen- 
eral. 

Several changes in the cabi- 
net were afterwards made, the 
most notable of which were 
George S. Boutwell, of Massa- 
chusetts, Secretary of the Treasury, 
instead of Alexander T. Stewart, the fa- 
mous merchant of New York. Soon 
after the confirmation of the latter by the 
Senate, it was ascertained that he was 
ineligible under the law, because of his 
being engaged in commerce. Mr. Wash- 
burne also gave up his place to accept 
the position of Minister to France, and 
the vacant Secretaryship of the State 
Department was given to Hamilton Fish, 
of New York. 



THE ADMINJSTJiATION OF GRANT. 



8 49 



The Fortieth Congress at its last ses- 
sion passed an act providing that the 
Forty-first Congress should assemble on 
the 4th of March, 1869, instead of De- 
cember of that year, according to pre- 
vious laws. The object of this was to 
have no interregnum in the legislative 
department of the government during 
the process of the Reconstruction meas- 
ures. At 12 o'clock, at noon, therefore, 
on the 4th of March, 1869, the new 
Congress came in, and was organized 
just after the old one had retired from 
the halls, and at the time of the inaugu- 
ration of the President-elect. The ma- 
jority in this Congress as in the last 
were strongly Radical in numbers, as 
well as in their principles and policy. 

The chief objects that occupied the 
attention of the Forty-first Congress, 
therefore, at its first session, was the car- 
rying out of their reconstruction policy. 
This was in no way changed or modi- 
fied. They waited, however, for the 
ratification of the Fifteenth Amendment. 
The proclamation of the President, an- 
nouncing this to be part of the Consti- 
tution, was not made until 20th of March, 
1870. The first session of this Congress 
adjourned on the 8th of April, 1869, 
after passing a bill to secure the public 
credit and the Civil Rights Bill for the 
District of Columbia. 

The most notable event of this spring 
was the completion of the Pacific railroad 
by a junction between the eastern division, 
known as the Union Pacific railroad, from 
Omaha, Nebraska, and the western divis- 
ion, known as the Central Pacific. These 
two roads unite at Ogden, near Salt Lake 
City, in Utah Territory. The junction 
was accomplished on the 10th of May, 
1869, and trains thereafter ran from San 
Francisco to Omaha. The distance from 
Omaha to Ogden is 1,032 miles, while 
54 



the distance from Ogden to San Francisco 
is 882 miles — common line, 1,914 miles — 
and constituting by far the most import- 
ant railroad yet completed in the world. 

On the 8th of October, 1869, ex-Pn si- 
dent Franklin Pierce died at his 1: 
Concord, New Hampshire, with unsul- 
lied fame and reputation, and generally 
mourned, with appropriate honors ren- 
dered to his memory, throughout the 
United States. 

Also on the 24th of December, 1 869, 
Edwin Stanton, former Secretary of War, 
died, after being elevated to the Supreme 
Court bench. 

Duringthcfall of this year also occurred 
a panic in the gold market in New York 
city, which was occasioned by one of 
the most remarkable conspiracies by 
money-holders against the interests of 
the people ever known. It ended in 
what is known as the catastrophe of 
Black Friday, which occurred on the 
24th of September, 1869, and in which 
millions of fortunes were wrecked. 

The second session of the Forty-first 
Congress convened in December of this 
year as usual. 

Early in January, 1870, Virginia, Mis- 
sissippi, and Texas were relieved from 
military rule, and readmitted into the 
Union upon their adoption of the Fif- 
teenth Amendment of the Constitution 
of the United States. Texas was the 
last. From that time they were again 
permitted to have representation in the 
Senate and House. 

Georgia had in like manner been 1 - 
lieved from military rule and readmit', d 
in 1868, upon her adoption of the Four- 
teenth Amendment, which was at that 
time the condition precedent for her 
readmission, and her Senators and 
members to Congress, wh> ibili- 

ties had been removed under the 



850 



HISTORY OF THE UNITED STATES. 



Book II., c. 36 



visions of the Fourteenth Amendment, 
were thereafter permitted to take their 
seats. 

The President on the 20th of March, 
1870, issued a proclamation announcing 
that the Fifteenth Amendment had been 
duly ratified by a sufficient number of 
States, and therefore declared it to be part 
of the Constitution of the United States. 
Congress soon after went eagerly to 
work upon a measure to secure the en- 
forcement of rights which they held to 
be conferred by it. This bill passed on 
the 3d of May, and was known as the 
Enforcement Act. 

In February of this year, the first res- 
olutions were adopted for the establish- 
ment of the Signal Service Bureau, 
for weather reports, the subject hereto- 
fore referred to in the chapter on the 
administration of Pierce. From small 
beginnings then, it has become one of 
the largest, most important, and useful 
branches of the government. Its first 
chief, Albert J. Myers, who brought it to 
such perfection, died in July, 1 880. It 
is estimated that property to the extent 
of twenty millions of dollars in shipping 
and merchandise was saved annually, 
for several years before his death, by his 
system of storm signals. General Myers 
was succeeded by General William B. 
Hazen, who still holds the position. 

In the meantime political excitement 
was becoming lively in Georgia, some 
facts connected with which are worthy 
of notice. 

A convention was held in Atlanta, of 
this Stated on the 17th day of August, 
for the purpose of reorganizing the 
Democratic party and all the elements 
in opposition to what was known as the 
" Carpet-Bag" rule, for the next ensuing 
State elections, which were to come off, 
according to law, in the fall of that year. 



Many of the most prominent citizens of 
the State, who had taken no active part 
in public affairs since the war, now made 
their appearance in this convention. 
Among these was Linton Stephens, ex- 
justice of the Supreme Court of the 
State. He prepared a brief, but pointed 
and comprehensive, platform, which was 
unanimously adopted, with great enthu- 
siasm, and which was in these words : 

''Resolved, 1. That the Democratic 
party of the State of Georgia stand upon 
the principles of the Democratic party 
of the Union — bringing into special 
prominence, as applicable to the present 
extraordinary condition of the country, 
the unchangeable doctrine that this is a 
Union of States, and of the indestructi- 
bility of the States, and of their rights, 
and of their equality with each other, as an 
indispensable part of our political system. 

"Resolved, 2. That, in the approaching 
State election, the Democratic party cor- 
dially invite everybody to co-operate 
with them in a zealous determination to 
change, as far as the several elections to 
be held can do so, the present usurping 
and corrupt administration of the State 
government, by placing in power men 
who are true to the principles of consti- 
tutional government, and to a faithful 
and economical administration of public 
affairs." 

The members of the General Assem- 
bly and members of Congress were to 
be chosen this year, under the State con- 
stitution of 1868, and in accordance with 
an act passed by the Legislature chosen 
under that constitution. The canvass 
opened early, and was conducted with a 
great deal of spirit and energy, both 
through the press and by speeches on 
the hustings. The election, according to 
law, was to come off in the latter part of 
December, and was to continue for four 



THE ADMINISTRATION OF GRANT. 



days, with a detachment of military to 
attend the voting- precincts, wherever 
they might be required by the ruling 



851 



the sixty-fourth year of his age. After 
his memorable surrender in 1865, he 
took the presidency of Washington Col- 




CANON OF THE LODORE AM) GREENE RIVERS, WYOMING TERRITORY. 

lege, at Lexington, Virginia, where he- 
continued to reside and discharge the 
duties of his new position with 
fidelitv for the remainder of hi., life. 



party. While this canvass was progress- 
ing, the country was called on to mourn 
the death of General Robert E. Lee. 
He died on the 1st of October, 1870, in 



8 5 2 



HISTORY OF THE UNITED STATES. 



Book II., c. S5 



The news of the death of this renowned 
ehieftain produced a profound sensation 
everywhere. Appropriate honors were 
paid to his memory in all parts of the 
country. 

The result of the four days' December 
election in Georgia, with the military 
guard at the polls, under the provisions 
of the Enforcement act, was an over- 
whelming majority of the Democratic 
party, and the redemption of the State 
from carpet-bag rule. Governor Bul- 
lock, who had been declared elected 
chief magistrate of the State in 1868, 
under the Reconstruction act of Con- 
gress, raised great complaints against 
the elections. He charged fraud at the 
polls in many parts of the State, not- 
withstanding the military were present in 
force. He alleged that there had been 
gross outrages, and divers violations of 
the Enforcement act of Congress. A 
part of the State, particularly the eighth 
Congressional district, he declared to be 
in a state of rebellion. 

A committee of the partisans of the 
governor were deputed to visit Washing- 
ton with a view of getting the President 
and Congress to make another turn of the 
reconstruction screw upon Georgia. The 
committee waited upon General Grant. 
He received them, and heard them pa- 
tiently upon all they had to say, and is 
reported then to have replied: "Gentle- 
men, the people of Georgia may govern 
themselves as they please, without any 
interference on my part, so long as they 
violate no Federal law." 

In the meantime, orders were issued 
for the arrest of Judge Stephens, who had 
been so prominent in organizing for the 
elections throughout the State, and had 
taken so active a part in preventing 
illegal votes on the day of election at the 
polls in Sparta, the place of his residence. 



Upon his receiving information of this 
order for arrest, he voluntarily offered to 
go before Judge Erskine, of the Federal 
Court in Savannah, for examination, and 
to abide by his decision in the premises. 
This was declined. He then voluntarily 
answered to the warrant without arrest, 
to Commissioner Swayze, at Macon. 
This commissioner was known to be one 
of the Federal carpet-bag officers in the 
State. He appeared before him in Jan- 
uary, and made his defence in a speech, 
which, for its ability in review of the 
three new constitutional amendments 
and the provisions of the Enforcement 
act in May, 1870, deserves to be histor- 
ically preserved.* The biographer of 
Judge Stephens says of it, "The wealth 
of all forensic literature maybe searched 
in vain for a performance that surpasses 
it in point of genuine manliness — civil 
courage — nervous English — the elo- 
quence of patriotic fervor, or cogent, 
compact, red-hot logic." f 

The result of the trial before Commis- 
sioner Swayze was the requirement of 
the defendant to appear before the next 
Federal Circuit Court to sit in Savannah 
in May, to answer the charge, under a 
bond of $5,000. At this term of the 
Court, the indictment was ignored by 
the grand jury, upon the ground that the 
evidence made out no crime against the 
laws and Constitution of the United 
States. So that matter ended. Con- 
gress, then in session, proceeded to 
amend the Enforcement act of the 
previous year, to meet the weakness in 
the fifth and sixteenth sections, which 
had been so successfully assailed by the 
argument of Judge Stephens. 

In the latter part of the last session of 

* See Appendix W. 

f See Life of Linton Stephens, by J. D. Waddell, 
P- 330. 




5531 



R 5 4 



HISTORY OF THE UNITED STATES. 



Book II., c. 3i» 



the Fortieth Congress, two important 
measures were passed. One was the 
repeal of the income tax, which was very 
oppressive and offensive in its enforce- 
ments. This passed on the 26th of 
January, 1871. The other act referred 
to was the repeal of the test oath, or 
iron-clad oath, as it was called, so far as 
relates to the holding of Federal office, 
by persons connected with the Confed- 
erate cause. A modified oath was pro- 
vided for them, which is, in substance, 
nothing but the original constitutional 
oath. This act passed on the 31st of 
January, 1871. 

The Forty-second Congress convened 
in its first session on the 4th of March, 
1 87 1, the first day of its term, as its 
predecessor, the Forty- first, had done. 
It was, as the one before, largely Rad- 
ical in its composition, though nothing 
of great importance was done at this 
session. 

General Grant, soon after entering 
upon his administration, gave special 
a.tention to the damages done the United 
States commerce by Confederate cruisers 
fitted out in British ports, in violation of 
the laws of nations. He brought the 
subject to the notice of the British min- 
istry, and urged an amicable adjustment 
of the question. It was finally agreed 
ii tween the two countries, to establish a 
Board of Commissioners, to determine 
upon all matters of dispute in the prem- 
ises. This board met at Geneva, and 
after a protracted investigation and dis- 
cussion of the principles involved, 
awarded the United States the sum of 
£15,000,000, the amount of the damages 
for which England was justly liable. 

< )n the 20th of June, 1 87 1, Mr. Hoar 
resigned his position as Attorney-Gen- 
eral, and was succeeded by Amos T. 
Akerman, of Georgia, who held his 



office only until the 13th of the ensuing 
December, when he resigned and was 
succeeded by George H. Williams, of 
Oregon. Mr. Cox, of Ohio, also resigned 
the Interior Department, and was suc- 
ceeded by Columbus Delano, of the 
same State. 

During the summer of 1871, a great 
number of prosecutions were instituted 
in South Carolina for alleged violations 
of the Enforcement act. 

In the counties of Newburg, York, 
Laurens, Sp tanburg, and Chester, in 
the upper part of the State, besides one 
or two in the lower part of the State, 
the writ of Habeas Corpus was sus- 
pended and those counties were put 
virtually under martial .'. The courts, 
State and Federal, were closed. Great 
numbers of the best citizens in these 
districts were seized and dragged to 
distant parts — some to Columbia and 
some to Charleston; where exposed to 
the weather and denied all the necessary 
comforts of health and life, they were 
confined for months without any hearing 
of the nature of the charges brought 
against them. Thousands of others fled 
beyond the limits of the stricken districts,' 
and even the State, during the reign of 
terror that therein prevailed. 

Among the outrages thus committed 
may be here noted that of the arrest of 
John A. Leland, Ph. D., President of the 
Laurens Female College, a gentleman 
of the highest character, probity, and 
piety, who was imprisoned for five weeks 
with every indignity and cruelty, and 
then discharged on bail without ever 
being informed of the offence for which 
he had been arrested. The grounds 
upon which these proceedings were 
based, from the best attainable informa- 
tion, were that four colored men and 
one white man were found dead on the 



THE ADMINISTRATION OF GRANT. 



road-side in the county of Laurens, with 
the appearance of having been inhumanly- 
murdered, and one other colored man 
found in his cabin in the most shocking 
state of mutilation. Neither the cause 
nor the perpetrators of these outrages 
were known. The great mass, however, 
of the good citizens of these counties 
and sections, it is but just to state, so 
far from having any sympathy with these 



855 

ceedings that ensued. But the real 
motive, it was thought by the good citi- 
zens of the State, sprang from a desire 
of these partisans to avail themselves of 
the opportunity offered, in this way, to 
rid, by fright, those sections of the State 
of a large portion of their voting popula- 
tion at the approaching fall election. 

Quite a number of those arrested were 
subsequently tried under what was 




THE liURNING OF CHICAGO. 



outrages, looked upon them not only 
with indignation but horror; and if 
the law had been permitted to take 
its due course, would have done all 
in their power to bring the offenders to 
justice and punishment. Notwithstand- 
ing this state of feeling in the commu- 
nities, the bitter partisans, attributing the 
homicides to the Ku-Klux-Klan, made 
them the occasion of the lawless pro- 



known as the Ku-Klux act, while the 
great majority, after being cruelly treated 
in confinement for months, were ulti- 
mately turned loose without any charge 
ever being brought against them.* 
Most, if not all of those convicted, were 
tried on ex-parte testimony, and all, it 



* See "A Voice from South Carolina," by John A. 
Leland, Ph. D., President of Laurens Female Col- 
lege, South Carolina, a volume of 231 pages. 



856 



HISTORY OE THE UNITED STATES. 



Book II., c. 35 



is believed, were subsequently pardoned 
by President Grant. 

One of the greatest conflagrations ever 
known in the United States occurred 
during this year. It was the burning of 
the city of Chicago, Illinois, on the 8th 
and 9th of October, 1871. The loss 
was estimated at nearly $200,000,000 in 
property. Upwards of 17,000 houses 
were burned, and nearly 100,000 persons 



election. One act, however, of this ses- 
sion deserves special notice. It was the 
act passed the 9th day of May, remov- 
ing the disabilities of certain classes of 
Southern men as provided for in the 
Fourteenth Amendment of the Constitu- 
tion. By this act at least 150,000 citi- 
zens of the Southern States were no 
longer prohibited from holding office. 
Those excepted from the provision of 




THE LAVA BEDS — SCENE OF THE MODOC WAR. 

rendered homeless. The saddest part, this act were all the Senators and mem- 

however, was the loss of 280 human bers of Congress who had vacated their 

lives, seats on the secession of the several 

The second session of the Forty- States ; all United States ministers 

second Congress convened in December abroad who had, in like manner, resigned 

ofi87ias usual. The most of its time their positions; and all graduates of 

was taken up with the usual discussions West Point and Annapolis who had 

preceding an approaching Presidential adopted a similar course. 

*See Appleton's Annual for 1X71, p. 394. During the spring of 1872 occurred 



THE ADMINISTRATION OF GRANT. 



857 



the Modoc war, with the horrible massa- 
cre of Major-General Canby, Dr. Thomas 
and their party, in a conference for peace. 
Captain Jack, with other leaders of the 
Indians, who had committed this worse 
than savage outrage, was afterwards 
arrested, tried by court-martial and exe- 
cuted. 

On the 2 1 st of October of the same 
year was finally settled the last question 
of boundary between the United States 
and Great Britain. It related 
to the true channel between 
the United States and Van- 
couver's Island. The matter 
had been referred to William, 
Emperor of Germany. He 
decided in favor of the United 
States. 

During the spring, sum- 
mer, and early fall of this year 
the death-roll of distinguished 
men of the country was un- 
usually large. Samuel Breese 
Finley Morse, of Massachu- 
setts, the founder of the elec- 
tric telegraph, died on the 
2d of April, 1872, in the 
eighty-first year of his age. 
Linton Stephens, of Georgia, 
died 14th of July, aged forty- 
nine. William H. Seward, 
Mr. Lincoln's great Secretary 
of State, after making a suc- 
cessful voyage around the 
world, died on the 10th of October, 1872, 
in the seventy-second year of his age. 
General George G. Meade, the victor at 
Gettysburg, died 6th of November, 1872, 
in the fifty-seventh year of his age. 
These departures were soon to be fol- 
lowed by another, and one quite as 
illustrious, but whose great part in the 
•drama of life was not yet completed. 

During the fall of this year another 



exciting Presidential election took place, 
whereof an account will now be given. 

Quite a split had taken place in the 
Republican party. A large portion of 
that organization had manifested decided 
opposition to the renomination and re- 
election of General Grant. They as- 
sumed the name of Liberal Republicans 
and held their convention at Cincinnati, 
Ohio, and put in nomination for the 
Presidency, Horace Greeley, the great 




HORACK GREELEY. 

! journalist of New York; and for the 
Vice-Presidency, B. Gratz Brown, of 
Missouri. The Democrats held their 
convention at Baltimore, on the 9th day 
of July, and without presenting a ticket 
of their own, simply indorsed the nom- 
ination made by the Cincinnati Conven- 
tion ; while the regular Republican 
Convention met on the 5th day of June, 
at Philadelphia, and put in nomination 



858 



HISTORY OF THE CM TED STATES. 



Look II c. 36. 






for rc-clcction General Ulysses S. Grant, 
of Illinois, for President, and for Vice- 
President, Henry Wilson, of Massachu- 
setts. The result of the election was 286 
electoral votes for Grant, for President, 
and 286 for Wilson, for Vice-President. 
For B. Gratz Brown, for Vice-President, 
47. The votes by States for Grant were 
Alabama, California, Connecticut, Dela- 
ware, Florida, Illinois, Indiana, Iowa, 
Kansas, Maine, Massachusetts, Michigan, 
Mississippi, Minnesota, Nebraska, Ne- 
vada, North Carolina, New Hampshire, 
New Jersey, New York, Ohio, Oregon, 
Pennsylvania, Rhode Island, South Caro- 
lina, West Virginia, Virginia, Vermont, 
Wisconsin — 29. Those casting electoral 
votes against Grant were Maryland, 
Georgia, Kentucky, Tennessee, Missouri, 
and Texas — 6. The States whose elec- 
toral votes were not counted were Ar- 
kansas and Louisiana — 2. 

Mr. Greeley having died soon after the 
popular election in November, and before 
the meeting of the Electoral Colleges in 
December, the votes that he carried at 
the popular election were only 65, and 
were scattered in the colleges among a 
number of persons whose names had 
never been connected with the office. 

Another very great calamity should 
also here be chronicled. It is the great 
fire that occurred in Boston, on the 9th 
and 10th of November, 1872. The loss 
of property was estimated at s8o,ooo,ooo, 
and fifteen persons were consumed in the 
flames. 

During the remaining portion of the 
last session of the Forty-second Con- 
gress, several important measures were 
passed. The one which perhaps produced 
the greatest effects upon the country was 
the act demonetizing silver, and striking 
this precious metal from the list of coins 
with debt-paying power. The two metals 



from time immemorial, which had been 
recognized by civilized nations as money, 
were silver and gold. At the time silver 
was displaced on the list, there were, 
upon the best estimates, in round num- 
bers, $8,000,000,000 of gold and silver 
circulating as money in the world. Of 
this amount $4,500,000,000 was silver. 
The only unit of value in the United 
States from the beginning of the govern- 
ment was the silver dollar of 373 grains 
of standard silver, which had never been 
changed. All the bonds that had 1> 1 n 
issued by the United States had been 
made payable in United States coin, 
either gold or silver, at its then standard 
value. This act, therefore, of Congress 
in striking silver from its debt-paying 
power, had a most injurious effect upon 
the interests of the country, as we shall 
see. Another subject that greatly agi- 
tated the Congress and the country about 
this time was the Credit Mobilier, about 
which so much was said and written with 
so little profit to the country or actual 
results. It was at this session also that 
the celebrated Salary Grab Act, as it was 
called, was passed, about which so much, 
with so little practical good, has been 
spoken and written. 

Soon after the November elections of 
1872, very great excitement took place- 
in Louisiana. The grossest frauds were 
charged upon Governor Warmouth, a 
Greeley Republican, in his attempts 
at manipulating the returning board, 
under the laws of that State. The 
result was two returning boards, each 
claiming to be the rightful one. Owing 
to this confusion, two legislative bodies 
set up to be each the rightful one. Each 
one of these elected a Senator, claiming 
to be the rightful one, to the United 
States Senate. And there were two 
rival contestants to the Governorship of 



THE ADMINISTRATION OF GRANT 



859 



the State. The Senate raised a com- 
mission, who went down to Louisiana 
and made a thorough examination, and 
reported upon the facts, which amounted, 
in a printed volume, to over a thousand 
pages. Louisiana sent, in the latter part 
of December, a large deputation of 
citizens, headed by ex-Justice of the 
Supreme Court John A. Campbell, to 
urge the President to afford them some 
relief, and especially to send Justice 
Bradley, United States Circuit Judge, to 
Louisiana, and set things right there. 
They waited upon the President on the 
19th of December. The committee 
.having been introduced to the President 
by Attorney-General Williams, Judge 
Campbell explained the purpose of their 
coming to Washington, and gave a brief 
account of the condition of affairs in 
Louisiana, in consequence of which 
commerce was seriously affected, and 
trade generally so injured that the people 
were dismayed, and this unfavorable con- 
dition of affairs had not only injured 
that State, but other States having close 
business relations with Louisiana. 

As there was no prospect of a just 
and satisfactory solution of the present 
trouble, by means of the agency now 
a", work, the people, through their com- 
mittee, asked that, in this exigency, 
Associate Justice Bradley, of the Supreme 
Court of the United States, and Judge 
Woods, of the Circuit Court of the 
United States, should take charge of the 
judicial administration of the Circuit 
Court, sitting in New Orleans. 

Judge Campbell said that when he 
occupied a seat on the bench of the 
Supreme Court of the United States, he 
was twice requested by the chief magis- 
trate to perform such duty in order that 
the force, power and influence of the 
court should be felt and respected, and 



he also went there twice at his own in- 
stance. 

He did not know of a more serious 
condition of affairs than that which now 
existed in Louisiana; and could see no 
relief except in the manner now sug- 
gested. The judges, whom he men- 
tioned, would have greater power and 
independence than the judge who now 
presided in the Circuit Court. 

The course he had indicated promised 
a solution of the difficulties so far as the 
judicial question was concerned. In 
the second place, the President of the 
United States, living 1,200 miles distant 
from New Orleans, could not be ex- 
pected to have a knowledge of all the 
facts. What the people of Louisiana, 
wanted, what the President wanted, 
and what all good men desired, was the 
right of this matter about which there 
were conflicting statements and criminat- 
ing remarks. 

The people of that State, as repre- 
sented by the committee, also ask 
the executive of the United States to 
send to New Orleans three independent, 
impartial, learned and just men to make 
a full inquiry into all the facts, to take 
testimony and thoroughly explore the 
situation. They desire that all the facts 
be reported to the President. 

President Grant, in reply, said he sup- 
posed it was competent for the Supreme 
Court to designate any one of its mem- 
bers to proceed to Louisiana, but he did 
not think it would be quite proper for 
him to make the request of them. Con- 
gress had power to investigate the facts 
in the case presented, but he did not 
propose to interfere with the local affairs 
in that State by putting one set of offi- 
cers or another in power, although 
numerous telegrams, letters and papers 
say he had done so. 



8(>o 



HISTORY OF THE UNITED STATES. 



No action was taken by the adminis- 
tration until the decree of the United 
States Court was attempted to be set 
aside or resisted by the last Governor of 
the State ; then the United States 
marshal was simply instructed to see 
that the decree of the Federal Court was 
sustained, and the military forces were 
used, if necessary, to support the 
Federal authority. 

He would not feel at liberty to make 
a request that Judge Bradley go to New 
Orleans, particularly as he is wanted 
here while the court is in session ; although 
if the court should make the request, it 
would meet with his approbation. 

Judge Campbell said there was no 
authority under the Constitution and 
laws of the United States for a Federal 
Court to interfere with the affairs of a 
State, such as had taken place in Lou- 
isiana, and he briefly alluded to the 
decree of the court and its effects in 
seating and unseating persons elected to 
office. 

The President, during a colloquy with 
Judge Campbell, said his understand- 
ing of the subject was, the court had 
merely decided who were the legal can- 
vassers, and, even if, as stated in this 
case, the court exceed its authority, 
its decision will have to be respected 
until the decision shall be set aside by a 
superior court. 

It would be dangerous for the Presi- 
dent to set the precedent of interfering 
with the decisions of courts. 

In reply to the request of Judge 
Campbell that he would send a com- 
mittee of three honest men to go down 
and investigate the matter, and send a 
report to Congress, he said he could not 
employ and compensate such men unless 
by authority of Congress, nor could 
such committee administer oaths or 



compel the attendance of witnesses. 
He said Congress had power — he hadn't. 
Subsequently to this, as Congress had 
taken no action on the subject, the Presi- 
dent, on the 25th of February, sent a 
message to Congress upon the subject, 
in the following words : 

"To the Senate and House of Repre- 
sentatives : 

" Your attention is respectfully invited 
to the condition of affairs in the State 
of Louisiana. Grave complications have 
grown out of the election there on the 
6th of November last, chiefly attributable, 
it is believed, to an organized attempt, 
on the part of those controlling the 
election of officers and returns, to 
defeat in that election the will of a 
majority of the electors of the State. 
Different persons are claiming the ex- 
ecutive office. Two bodies claim to be 
the legislative assembly of the State, 
and the confusion and uncertainty pro- 
duced in this way fall with paralyzing 
effect on all its interests. A controversy 
arose, as soon as the election occurred, 
over its proceedings and results, but T 
declined to interfere until suit involving 
this controversy to some extent was to 
be brought in the Circuit Court of the 
United States, under and by virtue of 
the act of May 3d, 1870, entitled, 'an 
act to enforce the right of citizens of the 
United States to vote in the several 
States of the Union, and for other pur- 
poses.' Finding resistance was made to 
the judicial process in that suit without 
any opportunity, and in my judgment 
without any right to review the judg- 
ment of the court upon the jurisdictional 
or other questions arising in the case, 
I directed the United States Marshal to 
enforce such process, and to use, if 
necessary, troops for that purpose in 



THE ADMINISTRATION OF GRANT. 



86 1 



accordance with the thirteenth section 
of that act, which provides that it shall 
be lawful for the President of the United 
States to employ such part of the land 
and naval forces of the United States, or 
of the militia, as shall be necessary to 
aid in the execution of judicial process 
under this act. 

" Two bodies of persons claimed to be 
the returning board for the State, and the 
Circuit Court in that case decided the 
one to which Lynch belonged, usually 
designated by his name, was the lawful 
returning board, and this decision 
has been repeatedly affirmed by the 
District and Supreme Courts of the 
State. Having no opportunity or power 
to canvass the votes, and the exigencies 
of the case demanding an immediate de- 
cision, I conceded it to be my duty to 
recognize those persons as elected who 
received and held their credentials to 
office from what then appeared to me to 
be, and has since been decided by the 
Supreme Court of the State to be, the 
legal returning board. Conformably to 
the decisions of this board a full set of 
State officers has been installed and a 
legislative assembly organized, consti- 
tuting, if not a de jure, at least a de facto 
government, which, since some time in 
December last, has had possession of the 
offices and been exercising the usual 
powers of the government ; but opposed 
to this has been another government 
claiming to control the affairs of the 
State, and which has, to some extent, 
bjen pro forma organized. 

" Recent investigation of the said elec- 
t.on has developed so many frauds and 
forgeries as to make it doubtful what 
candidates received a majority of votes 
actually cast, and in view of these facts, 
a variety of action has been proposed. 
I have no specific recommendation to 



make upon the subject, but if there is 
any practical way of removing these 
difficulties by legislation, then I earnestly 
request that such action be taken at the 
present session of Congress. It seems 
advisable that I should state now what 
course I shall feel bound to pursue in 
reference to the matter, in the event of 
no action by Congress at this time, sub- 
ject to any satisfactory arrangement that 
may be made by the parties to the con- 
test, which, of all things, is the most de- 
sirable. It will be my duty, so far as it 
may be necessary for me to act, to adhere 
to that government recognized by me. 
To judge of the election and qualifica- 
tions of its members is the exclusive 
province of the Senate, as it is also 
the exclusive province of the House to 
judge of the election and qualifications 
of its members ; but as to the State 
offices filled and held under State laws, 
the decision of the State judicial tribunal, 
it seems to me, ought to be respected. I 
am extremely anxious to avoid an}- ap- 
pearance of undue interference in State 
affairs, and if Congress differ from me as 
to what ought to be done, I respectfully 
urge its immediate decision to that effect. 
Otherwise I shall feel obliged, as far as I 
can, by the exercise of legitimate au- 
thority, to put an end to the unhappy 
controversy which disturbs the peace 
and prostrates the business of Louisiana, 
by the recognition and support of that 
government which is recognized and 
upheld by the courts of the State. 
" U. S. Grant." 

Congress took no notice of this mes- 
sage and left the state of affairs in 
Louisiana without any action. 

On the 4th of March, 1873, General 
Grant was inaugurated for another four 
years. The ceremonies were very im- 



862 



HISTORY OE THE UXITED STATES. 



Hook II , C 35 



posing, and the crowd immense. The ' 
inaugural was delivered from the usual 
place, the east portico of the capitol. 
Like his first it was brief and pointed ; 
and though read, was received with great 
enthusiasm, notwithstanding the severe 
inclemency of the weather. 



with what he announced he would do 
in hi.s message to Congress of the 25th 
of February. In this he acted in con- 
formity to the decision of the highest 
judicial tribunal in the State. 

Chief-Justice Salmon P. Chase suddenly 
died of paralysis on the 7th day of May, 




PRESIDEN1 GRAN1 PASSING THROUGH IlIH 

The oath of office was administered 
by Chief-Justice Chase. 

On the failure of the Forty-second 
Congress, before its adjournment, to take 
any action upon the state of affairs in 
Louisiana, Grant, after his second in- 
auguration, recognized Kellogg as the 
Governor of the State in accordance 



Rnl [7NDA TO TAKE I III. "A 1 II OF "I IKK. 

1873, at the home of his daughter in the 
city of New York, and was succeeded 
some months afterwards by the nomina- 
tion and confirmation of Morrison R. 
Waite, of Ohio. 

Everything went on smoothly and 
peaceably during the summer, but early 
in September an outbreak took place at 



THE ADMINISTRATION OF GRANT. 



86 3 



New Orleans which seriously threatened 
the peace of the country. Many of the 
extreme men of the Warmouth party de- 
termined to resist Kellogg and depose 
him from power. He sought refuge in 
the custom house and appealed to the 
President, under the laws and Constitu- 
tion of the United States, to aid him as 
Governor of the State in sustaining his 
authority and putting down the threat- 
ened insurrection. The aid was given, 
but no force was resorted to. Older and 
wiser counsels prevailed, and those who 
had undertaken the displacement of the 
Governor, who had been recognized by 
the courts of the State and the President 
of the United States, abandoned their 
enterprise. During the elections, how- 
ever, of this fall, very great and palpable 
frauds were perpetrated by the returning 
board. A very decided majority of 
Democrats were unquestionably duly 
elected, but the board gave certificates 
•of election to a majority of the Repub- 
licans. Under the law of Louisiana no 
member elect to the Senate or House of 
Representatives could participate in the 
organization of the body to which he 
was chosen without a legally authorized 
certificate from the returning board. 
The Constitution and laws provided 
that the old clerk should make out a 
list of members having certificates of 
election, and upon calling it they alone 
should have seats in the respective 
Houses to which they belonged. Those 
thus having certificates were organized 
into their respective bodies, and after the 
organization each House was to be judge 
of the election returns to it. The object 
of the great fraud of the board in refus- 
ing to grant certificates to Democrats, 
who were unquestionably elected, was to 
get the organization of the respective 
Houses, and to choose a United States 



Senator before the Democrats to whom 
certificates were refused could have a 
proper hearing before their respective 
Houses. In this state of things, when 
the old clerk of the House commenced 
calling the roll according to law, the 
Democrats, who had been refused certifi- 
cates, but had been duly elected, were 
in the House, and on motion dispensed 
with the old clerk and elected their 
speaker and other officers of the house, 
all of them voting, those who had no 
certificates as well as those who had. 
The Republican members immediately 
retired and called upon Kellogg, the 
recognized Governor of the State, to 
clear the hall of all persons therein ex- 
cept those who had the regular certifi- 
cates of election granted by the legally 
constituted returning board. This was 
done by the military, and the fraud was 
carried out by the Republican organiza- 
tion of the Legislature. Great excite- 
ment was produced thereby throughout 
the United States. An immense meet- 
ing of citizens was called in New York, 
in which many prominent Republicans 
figured in condemnation of the act. The 
House of Representatives of Congress 
was then largely Republican. A com- 
mittee was raised in it, of which W. A. 
Wheeler, subsequently Vice-President 
of the United States, was chairman, and 
sent down to Louisiana to investigate 
the matter. They reported in strong 
condemnation of the fraud, and recom- 
mended a reorganization of the Legisla- 
ture, with a recognition of the member- 
ship of the unjustly rejected Democrats, 
and of Kellogg as the recognized gov- 
ernor until the end of his term. This 
report was finally adopted by a majority 
of one in the House, and thus this ques- 
tion, threatening the peace of the coun- 
try, was harmoniously settled. Similar 



864 



HIS 1 OR V Of THE UNITED STATES 



Book II., c. ; j 



troubles in Arkansas were soon settled cause was the demonetization of silver 

in like manner by an act of Congress. by an act of Congress at the last session, 

In the month of September, 1873, which has been previously noticed, 
also occurred a monetary panic which Charles Sumner, of Massachusetts, 







SCENE ON THE YELLOWSTONE RIVER. 



should here receive special notice. It 

was generally attributed to an excessive 

issue of United States currency, but 

, according to the better opinion the real 



died on the nth of March, 1874, at his 
residence in Washington, D. C, after a 
sudden and severe illness. 

In January, 1875, Congress passer! an 






THE ADM1NISJ RATION OR GRANT 

865 

act providing for the resumption of specie I Vice-President H Pn n, uri 
ravmmk __ j . . V, r v lce r resident Henry Wilson, on the 

payments, and requiring that on and 22d of November ,*,* « 1 !, 
after Ja n Ist , ^ the ^ tender Loke'o^Xs 'a ^i'etth";^/ 

notes of the government should be re- | President's apartments in the Capitol at" 




VIEW IN THF GRAND CANON OF THE COLORADO RIVER. 

deemed m specie. In the meantime j Washington. Thomas W. Ferry sen- 

cnonal 1 ^ t0 bC SUbStitUt£d '" thG ' at ° r ^ MiGhi ^ n - ™ chosen aTprcs- 
iractional paper currency. ! iden t pro Urn. of the Senate 



866 



HISTORY OF THE UNITED STATES. 



Book II., c. 35 



On the 4th of March, 1875, the Terri- 
tory of Colorado was authorized by Con- 
gress to form a Constitution, and was 
admitted into the Union as a State, the 
1st of July, 1876, making the thirty- 
eighth member of the Confederacy, and 
by which she received the appellation of 
the " Centennial State." 




COAT OF ARMS OF COLORADO. 

The Forty-fourth Congress assembled 
1st of December, 1875. It was largely 
Democratic. Michael Kerr, of Indiana, 
was elected Speaker, and on his death 
the ensuing summer, Samuel J. Randall, 
of Pennsylvania, was chosen as his suc- 
cessor. 

The year 1875 completed the period 
of one hundred years from the opening 
of the revolution, and the leading events 
of that period — the centennial anniver- 
saries of the battles of Lexington, Con- 
cord, and Bunker Hill ; the Mecklenburg 
I » claration of Independence in Charlotte, 
North Carolina — were all celebrated with 
appropriate commemorative ceremonies. 
These were but preludes to the great 
International Centennial of 1876 in cele- 
bration of the Declaration of Independ- 
ence on the 4th of July one hundred 
years before. 

This was in Philadelphia, and was at- 
tended by representatives from almost 
every civilized nation of the earth. It 
was the grandest exposition, perhaps, 
ever before witnessed anywhere. Of it, 
McCabe writes as follows : 

"As early as 1872 measures were set 
on foot for the proper observance of the 



one hundredth anniversary of the inde- 
pendence of the United States. It was 
resolved to commemorate the close of 
the first century of the republic by an 
International Exhibition, to be held at 
Philadelphia in 1876, in which all the 
nations of the world were invited to par- 
ticipate. Preparations were at once set 
on foot for the great celebration. The 
European governments with great cor- 
diality responded to the invitations ex- 
tended to them by the government of the 
United States, and on the 10th of May, 
1876, the International Centennial Ex- 
hibition was opened with the most im- 
posing ceremonies, in the presence of an 
immense concourse of citizens from all 
parts of the Union, and of the President 
of the United States and the Emperor 
of Brazil. The exhibition remained 
from May 10th to November 10th, 1876, 
and was visited by several million people 
from the various States of the Union, 
from Canada, South America, and Eu- 
rope. It was one of the grandest and 
most notable events of the century. 

"On the 4th day of July, 1S76, the 
United States of America completed the 
one hundredth year of their existence as 
an independent nation. The day was 
celebrated with imposing ceremonies and 
with the most patriotic enthusiasm in all 
parts of the Union. The celebrations 
began on the night of the 3d of July, and 
were kept up until near midnight on the 
4th. Each of the great cities of the 
Union vied with the others in the splendor 
and completeness of its rejoicings ; but 
the most interesting of all the celebra- 
tions was naturally that which was held 
at Philadelphia, in which city the Dec- 
laration of Independence was adopted. 
The arrangements for the proper observ- 
ance of the day were confided to the 
United States Centennial Commission, 



THE ADMINISTRATION OF GRANT. 



867" 



•and extensive preparations were made to 
conduct them on a scale of splendor 
■worthy of the glorious occasion. The 
■city of Philadelphia and the State of 
Pennsylvania lent their cordial co-opera- 
tion to the effort to have all things in 
readiness for the Fourth, and the work 
went forward with a heartiness and vigor 
that could not fail of success. 

" It was wisely resolved by the Com- 
mission that as the Declaration of Inde- 
pendence was signed in Independence 
Hall and proclaimed to the people in 
independence Square, the commemora- 



spirited citizen — was hung in the State 
House tower, ready to join its deep tones 
to the shouts of the multitude when the 
moment of rejoicing should arrive. 

" Being anxious that the Centennial 
celebration should do its share in cement 
ing the reunion of the Northern and 
Southern States, the Commission began, 
at least a year before the occasion, the 
formation of a ' Centennial Legion,' 
consisting of a detachment of troops 
from each of the thirteen original States. 
The command of this splendid body of 
picked troops was conferred upon Gen- 




OPF.NING CKREMONIF.S OF THE INTERNATIONAL CENTENNIAL EXHIBITION. 



tive ceremonies should be so conducted 
as to make the venerable building the 
grand central figure of all the demonstra- 
tions. The city authorities caused the 
building to be handsomely draped in the 
national colors, and enormous stands, 
covered with canvas awnings and orna- 
mented with flags and streamers, were 
erected in Independence Square for the 
accommodation of the singers and invited 
guests who were to take part in the 
rejoicings. A new bell of vast propor- 
tions — the gift of a patriotic and public- 



eral Ambrose E. Burnside, of Rhode 
Island, and General Henry Heth, of 
Virginia, was chosen Lieutenant-Colonel. 
Both were veterans of the late civil war. 
The Legion was readily made up, the 
best volunteer commands of the original 
States being eager to serve in it. 

" For a week previous to the 4th of 
July, crowds of people began to pour 
steadily into Philadelphia. Volunteer 
organizations from the various States 
were constantly arriving, and were either 
encamped at various points in and around 



L 













THE ADMINISTRATION OF GRANT. 



869 



the Exhibition grounds or were quar- 
tered at the various hotels. The city 
was gayly decorated with flags and 
streamers, and the view down any of the 
principal streets was brilliant by reason 
of the clouds of bunting with which it 
was decorated. The principal buildings 
were almost hidden by the flags which 
adorned them, or were ornamented with 
patriotic inscriptions, and at various 
points on Chestnut street, triumphal 
arches were erected. By the night of 
the 3d of July it was estimated that at 
least 250,000 -Grangers were assembled 
in Philadelphia. 

" The Centennial ceremonies were be- 
gun on the morning of Saturday, the 1st 
of July. The leading writers of the 
Union had been invited to prepare me- 
moirs of the great men of our Revolu- 
tionary period, which were to be depos- 
ited among the archives of the State 
House, and all who were able to accept 
the invitation assembled in Independence 
Hall at eleven o'clock on the morning 
of July 1st, 1876, where they were joined 
by a number of invited guests. The 
ceremonies were opened by an address 
from Colonel Frank M. Etting, the 
chairman of the Committee on the Res- 
toration of Independence Hall, and a 
prayer by the Rev. William White Rron- 
son. Whittier's Centennial Hymn was 
then sung by a chorus of fifty voices. 
The names of the authors were then 
called, to which each responded in per- 
son or by proxy, and laid his memoir on 
the table in the hall. The exercises 
were then brought to a close, and the 
company repaired to the stand in Inde- 
pendence Square, where a large crowd 
had assembled. 

" The ceremonies in the square were 
begun at half-past twelve o'clock with 
Helfrich's Centennial Triumphal March, 



performed by the Centennial Musical 
Association. Mr. John William Wallace, 
the president of the day, then delivered a 
short address, after which Whittier's 
Centennial Hymn was sung by a chorus 
of 150 voices, and Mr. William V. Mc- 
Kean reviewed at some length the great 
historical event in commemoration of 
which the ceremonies were held. After 
the band had played ' God Save America,' 
the Hon. Leverett Salstonstall, of Massa- 
chusetts, delivered an address, which 
elicited warm applause. ' The Voice of 
the Old Bell,' a Centennial ode, was then 
sung, and Governor Henry Lippitt, of 
Rhode Island, made a short rpeech. 
The band followed with a number of 
patriotic airs, and Mr. Wallace an- 
nounced the unavoidable absence of 
General John A. Dix, and introduced in 
his place Frederick De Peyster, Presi- 
dent of the New York Historical So- 
ciety, who made a few remarks. After 
a Centennial ode, by S. C. Upham, had 
been sung by the chorus, the Hon. Ben- 
jamin Harris Brewster delivered an 
eloquent address, at the close of which 
another Centennial Hymn, by William 
Fennimore, was sung. Senator Frank 
P. Stevens, of Maryland, then said a few 
words, after which the 'Star-Spangled 
Banner' was sung, and the exercises 
were brought to a close by a prayer 
from Bishop Stevens. 

"All through Sunday, the 2d, the 
crowds continued to pour into the city, 
and on Monday, 3d, the streets were 
almost impassable. Business was gen 
crally suspended from the 1st to the 5th 
of July. 

"The celebration ushering in the 4th 
of July was begun on the night of the 
3d. A grand civic and torchlight pro- 
cession paraded the streets, which were 
brilliantly illuminated along the whole 



*7o 



HISTORY OF THE UNITED STATES. 



Book II , t .It 



line of march. The procession began to 
move about half-past eight o'clock at 
night, and consisted of deputations rep- 
resentative of the various trades of the 
city, the Centennial Commissioners from 
the various foreign countries taking part 
n the Exhibition, the governors of a 
number of the States of the Union, offi- 
cers of the army and navy of the United 
States, civic and political associations, I 



Chestnut and Broad streets flashed re- 
splendently in lines of fire and colored 
lanterns. The dense masses which 
thronged these streets stood out boldly 
in the clear light of the illumination, and 
the long, slow-moving line of the pro- 
cession flowed through them like a vast 
river. 

" Crowds had collected around Inde- 
pendence Hall, filling the street before 




THE NEW PHILADELPHIA POST OFFICE. 



and officers of foreign men-of-war visit- 
ing the city. Some of the deputations 
bore torches, and these added to the 
brilliancy of the scene. All along the 
line fireworks were ascending into the 
air, and cheer after cheer went up from 
the dense masses of enthusiastic spec- 
tators which filled the sidewalks. 

" The illumination of the streets along 
the route of the procession was superb. 



it and the square in the rear of it. An 
orchestra and chorus were stationed on 
the stands in the square to hail the 
opening of the 4th with music. The 
movements of the procession were so 
timed that the head of the column ar- 
rived in front of Independence Hall pre- 
cisely at midnight. The crowd, which had 
been noisy but good-natured, was hushed 
into silence as the hands of the clock in 



THE ADMINISTRATION OF GRANT. 



8 7 I 



the tower approached the midnight hour, 
and 100,000 people waited in breathless 
eagerness the strokes which were to 
usher in the glorious day. As the 
minute-hand swept slowly past the hour 
there was a profound silence, and then 
came rolling out of the lofty steeple the 
deep, liquid tones of the new liberty-bell, 
sounding wonderfully solemn and sweet 
as they floated down to the crowd below. 
Thirteen peals were struck, and the first 
tone had hardly died away when there 
went up from the crowd such a shout as 
had never been heard in Philadelphia 
before. It was caught up and re-echoed 
all over the city, and at the same time 
the musicians and singers in the square 
broke into the grand strains of the ' Star- 
Spangled Banner.' All the bells and 
steam whistles in the city joined in the 
sounds of rejoicing, and fireworks and 
firearms made the noise ten-fold louder. 
When the 'Star-Spangled Banner' was 
ended, the chorus in Independence 
Square sang the ' Doxology,' in which 
the crowd joined heartily, and the band 
then played national airs. 

"The festivities were kept up until 
after two o'clock, and it was not until 
the first streaks of the dawn began to 
tinge the sky that the streets of the city 
resumed their wonted appearance. 

"The lull in the festivities was not of 
long duration. The day was at hand, 
and it threatened to be mercilessly hot, 
as indeed it was. As the sun arose in 
his full-orbed splendor, the thunder of 
cannon from the Navy Yard, from the 
heights of Fairmount Park, and from the 
Swedish, Brazilian, and American war- 
vessels in the Delaware, and the clang- 
ing of bells from every steeple in the 
city, roused the few who had managed 
to snatch an hour or two of sleep 
after the fatigues of the night, and 



by six o'clock the streets were again 
thronged. 

" In view of the extreme heat of the 
weather, the military parade had been 
ordered for an early hour of the day. 
At a little after seven o'clock the line 
was formed, the right resting on Chest- 
nut street, facing west, in the following 
order : 

" Governor Hartranft, of Pennsylvania, 
commander-in-chief, and aides; General 
Bankson, commanding First division, 
N. G. P., and aides; Philadelphia City 
Troop; Black Hussars; Keystone Bat- 
tery ; Brigadier-General Thayer, Second 
brigade, First division, N. G. P., and 
aides; Cadets United States Military 
Academy ; United States marines ; Sec- 
ond brigade, First division, N. G. P. ; 
Third Pennsylvania regiment, Colonel 
Ballier ; Sixth Pennsylvania regiment, 
Colonel Maxwell; Gray Invincibles (Pa.), 
Captain Jones; First brigade, First di- 
vision, N. G. P.; Brigadier-General Brin- 
ton and staff; Second Pennsylvania reg- 
iment, Colonel Lyle ; United Train 
Artillery, Providence, Rhode Island; De- 
troit National Guards, Captain O'Keefe ; 
First regiment Pennsylvania Infantry, 
Colonel Benson ; Twenty-second regi- 
ment, New York National Guards, Lieu- 
tenant-Colonel Camp; Albany Zouave 
cadets, Captain Reynolds; Weccacoe 
Legion, Captain Denny; B company, 
First regiment, National Guards, Dis- 
trict of Columbia ; D company, Eighth 
regiment, N. G. P., of Harrisburg; 
Washington (D. C.) Grays ; Pierce Light 
Guards, of Boston; Centennial Legion; 
three companies Virginia National 
Guards, Colonel Ordway; Seventh Na- 
tional Guards, New York, Colonel Clark ; 
Twenty-third National Guards, New 
York, Colonel Ward; two companies 
First regiment, National Guards, of Ver- 



872 



HISTORY OE THE UNITED STATES. 



Hook II, C. 35 



mont; two companies Detroit Inde- 
nt cadets; visiting troops from 
Texas; cadets of Northern Home; Gi- 
rard College cadets; visiting Governors 
and their staffs. 

"The Centennial Legion, composed of 
detachments from the thirteen original 
States, occupied a prominent place in 
the line. It was commanded by General 
Henry Heth, of Virginia, and was com- 
posed as follows : 

" Rhode Island, Light Infantry regi- 
ments; Georgia, Clinch Rifles; New 



column was under the chief command 
of General Hartranft, Governor of Penn- 
sylvania, and a gallant veteran of the 
civil war. The command was made up 
of troops who during that bloody strug- 
gle had fought each other gallantly, and 
who had now come to testify their devo- 
tion to their common country, and to 
show to the world that in trusting its 
defence to its well-regulated militia the 
American republic is stronger than the 
most powerful monarchies of the old 
world. 




111,. NEW Hl'.l.ie mill. mm;-., PHILADELPHIA. 



Jersey, Phil Kearney Guards; Delaware, 
American Rifles; Maryland, Detachment 
Fifth regiment; Massachusetts, Boston 
Light Infantry; South Carolina, Wash- 
ington Light Infantry; New York, Old 
Guard ; North Carolina, Fayettesville 
Light Infantry; New Hampshire, First 
New Hampshire Battery; Connecticut, 
New 1 laven Grays; Pennsylvania, State 
FenciMes; Virginia, First Light Artil- 
lery Blues. 

"The troops numbered about ten thou- 
sand men, rank and file, and the whole 



"At half-past eight the column began 
to move down Chestnut street towards 
mdence Hall, in front of which the 
troops were reviewed by General W. T. 
Sherman, the commanding general of 
the armies of the United States; the 
Secretary of War; Prince Oscar of 
Sweden ; Licutenant-General SaigO, of 
the Imperial army of Japan ; the officers 
of the Swedish men-of-war in the harbor; 
the governor.^ of several of the States ; 
and General Hawley, the President of 
the Centennial Commission. 




VIEW OK THE INTERSECTION OF NINTH AND CHESTNUT STREETS, PHILADELPHIA 

(873) 



874 



HISTORY OI< THE UNITED STATES. 



Book II., c. 35- 



"As the troops passed along they were 
greeted with enthusiastic cheers by the 
crouds on the street. The Centennial 
Legion and the troops from the South- 
ern States were the objects of an espe- 
cially hearty demonstration. The route 
chosen was a short one, the extreme 
heat forbidding an extended parade, 
and by ten o'clock the military cere- 
monies were over. 

" As soon as the parade was ended 
the crowd turned into Independence 
Square, which was soon filled. The 
approaches to the building by way of 
Chestnut and Sansom streets were kept 
clear by the police, in order that those 
who were entitled to seats on the stand 
might reach their places. Four thou- 
sand persons were given seats on the 
stand, and a vast crowd filled the square. 
As the invited guests appeared and took 
their scats on the platform the prominent 
personages were cheered by the crowd. 
The Emperor of Brazil received a wel- 
come that was especially noticeable for 
its heartiness. 

" It was hoped that the President of 
the United States would be present and 
preside over the ceremonies; but Gen- 
eral Grant declined the invitation to do 
so, which it was at once his privilege and 
his duty to accept, and remained in 
Washington, preferring his selfish ease 
to a little patriotic exertion and ex- 
posure to the heat on this grandest of 
his country's festivals. His absence was 
generally remarked and severely con- 
demned by his countrymen. 

"At a few minutes after ten o'clock 
General llawley, the President of the 
United States Centennial Commission, 
appeared at the speaker's stand and 
signalled to the orchestra to begin. 
The opening piece, which was an over- 
ture entitled 'The Great Republic,' 



based on the national air, ' Hail Colum- 
bia,' and arranged for the occasion by 
Professor George F. Bristow, of New 
York, was rendered in fine style by the 
orchestra under the leadership of Mr. P. 
Gilmore. As the music ceased General 
Hawley again came forward and intro- 
duced as the presiding officer of the 
day the Hon. Thomas W. Ferry, Vice- 
President of the United States, who was 
received with loud cheers. After a few 
remarks appropriate to the occasion 
Vice-President Ferry presented to the 




GENERAL J. R. HAWLEY. 

audience the Right Reverend William 
Bacon Stevens, D. D., the Protestant 
Episcopal Bishop of Pennsylvania, whom 
he introduced as the ecclesiastical suc- 
cessor of the first chaplain of the Conti- 
nental Congress. The bishop was in 
his canonical robes, with prayer book in 
hand. He delivered a solemn and im- 
pressive prayer, during the utterance of 
which the whole audience stood with 
uncovered heads, silent and attentive, 
unmindful of the blazing sun which 
poured down upon them. 



THE ADMINISTRATION OF GRANT. 



§75 



" When the prayer was ended the 
' Hymn, " Welcome to All Nations," 
words by Oliver Wendell Holmes, 
music, "Keller's Hymn,"' was sung. 
The Vice-President then announced that 
Richard Henry Lee, of Virginia, a grand- 
son of the patriot of the Revolution who 
offered the resolution in Congress, that 
' these united colonies are and of right 
ought to be free and independent States,' 
would read the Declaration of Inde- 
pendence from the original manuscript, 
which the President had intrusted to the 
mayor of Philadelphia. The faded and 
crumbling manuscript, held together by 
a simple frame, was then exhibited to 
the crowd and was greeted with cheer 
after cheer. Richard Henry Lee, a sol- 
dierly-looking Virginian, then came for- 
ward and read the Declaration ; but 
the enthusiasm of the crowd was too 
great to permit them to listen to it 
quietly. 

"At the close of the reading the 
orchestra performed a musical composi- 
tion entitled 'A Greeting from Brazil,' a 
hymn for the first Centennial of Ameri- 
can independence, composed by A. 
Carlos Gomez, of Brazil, at the request 
of His Majesty Dom Pedro II., Emperor 
of Brazil. It was received with cheers 
by the crowd, which were repeated for 
the Brazilian Emperor, whose hearty 
interest in the Centennial celebrations 
and the Exhibition had made him a 
favorite in Philadelphia. 

"Mr. John Welsh, chairman of the 
Centennial Board of Finance, then, at the 
suggestion of Vice-President Ferry, in- 
troduced Bayard Taylor, the poet of the 
day, who recited a noble ode, which was 
listened to with deep attention, the audi- 
ence occasionally breaking out into ap- 
plause. When the poem was ended the 
chorus sang ' Our National Banner,' the 



words by Dexter Smith, of Massachu- 
setts, the music by Sir Julius Benedict,, 
of England. 

"As the music died away, the Vice- 
President introduced the Hon. William 
M. Evarts, of New York, the orator of 
the day. Mr. Evarts was greeted with 
hearty cheers, after which he proceeded 
to deliver an eloquent and able address, 
reviewing the lessons of the past century 
and dwelling upon the great work Amer- 
ica has performed for the world. 

"When Mr. Evarts retired from the 
speaker's stand, General Hawley gave 
the signal to the leader of the orchestra, 
and the 'Hallelujah Chorus,' from 'The 
Messiah,' was sung ; after which the vast 
audience, at the request of the Vice- 
President, joined in the One Hundredth 
Psalm, with which the memorable cere- 
monies came to an end. 

"At night the city was brilliantly illu- 
minated, and a magnificent display of 
fireworks was given by the municipal 
authorities at old Fairmount." 

During the fall of this year also oc- 
curred another Presidential election. The 
Republican Convention assembled at Cin- 
cinnati, June 14th, and put in nomination 
for the Presidency, Rutherford B. Hayes, 
of Ohio, and for the Vice-Presidency, 
William A. Wheeler, of New York. The 
Democratic Convention assembled at St. 
Louis, Missouri, on the 27th day of June, 
and put in nomination for the Presidency, 
Samuel J. Tilden, of New York, and for 
the Vice-Presidency, Thomas A. Hen- 
dricks, of Indiana. The Republican 
platform was not essentially different 
from the one on which the last Presi- 
dential election had been conducted. 
The Democratic platform contained 
nothing but a strong appeal for reform in 
the administration of the government. 
The canvass was waged with vigor and 



S;6 



HISTORY OF THE UNITED STATES. 



Book II., c. 35 



energy on both sides. The result of the 
election was the closest ever before held 
in the United States. Both sides claimed 
the success of their tickets. In several 
of the States there were two returns. 
Three hundred and sixty-nine was the 
aggregate number of votes of the elec- 
toral college. It required 185 votes to 
elect. The advocates of Tilden and 
I Lendricks maintained that by right they 
were entitled to the electoral votes of 
South Carolina, Florida, and Louisiana, 
which would give them an aggregate of 
203 votes; but that if the votes of these 
three States, amounting to 19, were 
given to Hayes and Wheeler, Tilden and 
Hendricks would still have 184 undis- 
puted votes, and that they were clearly 
entitled to one vote from Oregon, which 
would give them 185 — the requisite 
majority. Meantime, the Republican 
leaders maintained that upon a right 
count of the vote of the four States in 
dispute, I laves and Wheeler had the 
majority. Leading Republicans in Con- 
maintained that the presiding 
officer of the Senate had a right to count 
the votes as sent up from the several 
States, and to decide questions of dis- 
pute between different returning boards. 
The Democrats proposed that the matter 
should be settled and adjusted under the 
previously existing joint rule of the two 
Houses on the subject of counting the 
electoral votes. This the Republicans 
refused to do. The condition of affairs 
was assuming a threatening aspect, when 
a proposition was made to provide by law 
for a Joint High Commission to whom 
the whole subject should be referred. 
This was to consist of five members of 
the House, five of the Senate, and five 
of the Supreme Court. The five Judges 
of the Supreme Court were — Clifford, 
Miller, Field, Strong, and Bradley; the 



Senators were — Edmunds, Morton, Fre- 
linghuysen, Bayard and Thurman; the 
members of the House were — Payne, 
II unton, Abbott, Garfield, and Hoar. 

To the Commission thus constituted, 
the whole subject was referred by special 
act of Congress. The counting com- 
menced as usual on the regular day 
before both Houses of Congress. When 
the disputed duplicate returns were 
reached they were referred, State by 
State, to the Joint High Commission. 
This Commission made its final decision 
on all the cases submitted to them, on 
the 2d day of March, and according to 
their decision, Hayes and Wheeler re- 
ceived 185 votes, and Tilden and Hen- 
dricks 1 84 votes. The States that voted 
for Hayes and Wheeler were California, 
Colorado, Florida, Illinois, Iowa, Kan- 
sas, Louisiana, Maine, Massachusetts, 
Michigan, Minnesota, Nebraska, Nevada, 
New Hampshire, Ohio, Oregon, .Rhode 
Island, Pennsylvania, South Carolina, 
Vermont, and Wisconsin ; and those 
which voted for Tilden and Hendricks 
were Alabama, Arkansas, Connecticut, 
Delaware, Georgia, Indiana, Kentucky, 
Maryland, Mississippi, Missouri, New 
Jersey, New York, North Carolina, Ten- 
nessee, Texas, Virginia, and West Vir- 
ginia. The constitutionality of this 
mode of settling a disputed Presidential 
election was gravely questioned by some 
of the ablest and truest statesmen of the 
country; but to the writer, this mode 
seemed to be free from all objections of 
this character. The writer does not 
refer to the particular mode adopted ; he 
means simply to say that, in his judg- 
ment, Congress unquestionably has the 
constitutional power to establish a 
proper mode for settling disputed Presi- 
dential elections. For his views at 
large on this subject, see Appendix Con- 



THE ADMINISTRATION OF HAYES. 



3 77 - 



gressional Record, second session, Forty- 
fifth Congress. 

The army appropriation bill of this 
session failed between the two houses. 
The Democratic majority in the House 
inserted a provision in the bill forbidding 
the use of any portion of the appropria- 
tion in payment of troops or expenses of 
transporting troops, for the purpose of 
interfering in any way with elections. 
This was to prevent in the future the 
state of things then existing in South 
Carolina, Florida, Louisiana, and per- 
haps some other places. The Senate 
struck this provision out of the bill. The 
House adhered to the provision, and the 
whole bill was lost. 

General Grant, on the expiration of 
his second term, retired from office, but 
remained in Washington City, receiving 
marked demonstrations of the admiration 
of his friends for some months, before 
starting upon an extensive travel through 
Europe and the Eastern Continent. 

CHAPTER XXXVI. 

ADMINISTRATION OF HAYES. 
(4th of March, 1877 — 4th of March, 1881.) 

Scenes attending the inaugural address — Oath of 
office — New cabinet — Composite, able, conserva- 
tive — Great embarrassments of the new President 
— He manages the state of affairs with consummate 
skill and ability — The quasi state of war existing 
in South Carolina, Louisiana, settled — Peace and 
harmony restored — The President and some of his 
cabinet visit Atlanta, Georgia, where they receive 
an ovation — Great railroad strikes — Nez Perces 
war — Extra session of Congress called for October 
— Senate Republican, House Democratic — Randall 
again chosen Speaker — Death of Senator Morton — 
Second session of the Forty-fifth Congress assem- 
bles in December — Important measures of this ses- 
sion — Relief granted to Southern soldiers of the 
war of 1812 — Partial remonetization of silver — 
Provision made for return to specie payments — 
Presentation and unveiling of Carpenter's picture 
of Lincoln's signing emancipation proclamation — 
Speeches of Messrs. Gai field and Stephens — Mone- 
tary conference at Paris — United States metric 




coins — Goloid, gold and silver — Dr. William 
Wheeler Hubbell — The Potter resolutions — Gen- 
eral Grant's travels and return — Chicago convention 
of 1880 — General Grant's name presented fur the 
third term without success — Garfield and Arthur 
nominated — Democratic convention at C.ncinnati 
22d June — Hancock and English nominated — The 
result of the election — Second session ul Forty- 
fifth Congress — Mr. Hayes' retirement — His ad- 
ministration one of the wisest and most beneficent 
of modern times. 

Rutherford b. hayes, the 

nineteenth President of the 
United States, was inaugurated 
on Monday, the 5th of March, 
1 877 — the 4th of March that year 
falling on Sunday. He was at the time 
in the fifty-fifth year of his age. He was 
born October 4th, 1822, in Delaware, 
Ohio. He was educated at Kenyon 
college of that State, and afterwards 
took a regular course at the law-school 
at Cambridge, Mass. He soon rose 
rapidly in his profession. In 1861 he 
entered the Federal army. He became 
colonel and then major-general. In 1864 
he was elected a member of the House 
of Representatives in Congress, and was 
re-elected to the next Congress. In 
1867 he resigned his seat in the House 
to assume the governorship of his State, 
to which office he was soon after elected 
and re-elected in 1869 and also in 1875. 
The oath of office as President was 
administered by Chief-Justice Waite, 
and his inaugural was delivered in a 
clear and distinct voice to a large and 
excited multitude. His tone through- 
out was conciliatory, and breathed a 
spirit of patriotism. The address made 
a decidedly favorable impression upon 
those who had become most exasperated 
at the decision of the high Commission, 
when they determined not to make any 
investigation of the frauds perpetrated 
by the returning boards in Florida and 
Louisiana. 



g-g HISTORY OF THE UNITED STATES. BooKlI.,c.3fc 

The new cabinet consisted of William Attorney-General. The cabinet was of 
M. Evarts, of New York, Secretary of i a composite character and generally re- 
State ; John Sherman, of Ohio, Secretary garded on all sides as a very able an ! 
of the Treasury; George W. McCrary, ! conservative one. Judge Key, the Pos; - 
of Iowa, Secretary of War ; Richard W. ' master-General, was not of the same 




PRESIDENT RUTHERFORD B. HAYES. 

Thompson, of Indiana, Secretary of the [ party as the President. He served in 
Navy; Carl Schurz, of Missouri, Secre- the Confederate cause, succeeded Andrew 
tary of the Interior; David M. Key, of Johnson in the United States Senate in 
Tennessee, Postmaster-General ; and 1 875, and was a pronounced Democrat. 
Charles E. Devens, of Massachusetts, Andrew Johnson, after his retirement 



THE ADMINISTRATION OF HAYES. 



879 



so embarrassed upon entering on the 
duties of the office as he was. The army 
appropriation bill for the ensuing fiscal 
year had failed at the session of Congress 
just closed for the reasons stated in the 
last chapter. There would be no money 
to pay the men or officers after the 1st 
of July, unless an extra session of Con- 



from the Presidency, was again returned 
to the Senate, to take his seat in the 
Forty-fourth Congress. He appeared in 
the extra session of the Senate in March, 
1875, where he made several very char- 
acteristic speeches; but while at home, 
during the recess of Congress, on the 31st 
of July, he died suddenly of apoplexy, 
and was buried in Green- 
ville, Term., the place of 
his residence. It is said 
that, in accordance with 
his own previous request, 
his body was wrapped, 
before interment, in the 
flag of the United States. 
Mr. Hayes, early in his 
administration, adopted 
.several reforms in the 
civil service, one of which 
was not to allow Fede- 
ral office-holders to take 
active part in elections. 
Another was the policy 
of not conferring Federal 
patronage exclusively on 
men of his own party. In 
several States, where he 
thought it would be best 
for the public interests 
that the United States 
marshals should be cho- 
sen from the majority of 
the citizens in the local- 
ity, he did not hesitate 
to appoint such officers the inauguration of president hayes. 

whom he knew or believed to be honest I gress should be called and money appro- 




and capable, notwithstanding he brought 
a good deal of censure upon himself from 
many prominent men and journals of his 
party by this course of action. In like 
manner he appointed foreign ministers 
and consuls who were capable and 
worthy, without reference to their party 
associations. Few Presidents were ever 



priated therefor in time. The Senate was 
still largely Republican, but the House of 
the Forty-fifth Congress, which would be 
assembled in case an extra session were 
called, was as the last largely Democratic ; 
and there was no probable prospect what- 
ever that they would abandon their posi- 
tion upon the subject of appropriating 



38o 



1 1 LSI OK Y OF TJ/E UNITED STATES. 



Book II., c. M 



no money for the use of any portion of 
the army employed in Interfering with 
or controlling elections or State Legisla- 
tures. 

At this time the States of South Caro- 
lina and Louisiana were in a quasi civil 
war. Two governors in each were claim- 
ing to be entitled to the executive chair. 
Two legislatures in each were also claim- 
ing to be rightfully entitled to the law- 
making power. Chamberlain, the Gov- 



nized by the Federal administration. The 
! situation of affairs was exceedingly criti- 
cal. Mr. Hayes displayed the most con- 
summate skill in the conduct and man- 
agement of these most embarrassing 
questions. He resorted to suasion rather 
than force. He sent for Hampton, the 
newly elected Governor of South Caro- 
lina, but who was prevented from the 
discharge of his duties by Federal troops. 
II" alsi > sent for Chaml > ■; lain, the carpet' 





I" AMERICAN I 



ernor of South Carolina, holding over, 
had called upon the Federal authorities 
for military aid to sustain him and the 
legislature acting with him. Packard, 
the governor in Louisiana, had done the 
same thing. Nicholls, the newly elected 
governor, was barred from entering the 
State House by Federal troops there. 
United States troops were occupying the 
capitols of both States, to sustain the gov- 
ernors who had been previously recog- 



bag governor, who relied upon these 
troops to continue him in power. With 
that equanimity of temper which ever 
characterized him, he effected an arrange- 
ment by which both Chamberlain and 
Packard were prepared to acquiesce in 
the peaceful withdrawal of the ti 
For this act he was severely censured by 
extreme men on the Republican side, but 
it gave great gratification to a large ma- 
jority of the people of the Southern 



THE ADMINISTRATION OF HAYES. 



States, for as soon as the troops were 
withdrawn the Chamberlain and Pack- 
ard governments were disbanded. 

Peace and harmony were restored in 
South Carolina and Louisiana. This 
was all effected before the close of May 
by the great skill, tact and management 
of Mr. Hayes. He was, however, still 
disinclined to convene Congress in extra 
session. He determined to postpone 
this until October, feeling assured that 
in the meantime the army could be sus- 
tained without serious detriment either 
to the soldiers or the officers. 

The summer of 1877 was rendered 
memorable by the greatest railroad 
strikes ever before known in the United 
States. An Indian war also broke out 
with the Nez Perces in Idaho Territory, 
but was put an end to in the early part 
of October under the lead of Colonel 
Miles and General Howard. 

The extra session was called for the 
15th of October, but in the meantime, 
before the meeting thereof, the Presi- 
dent, with several members of his Cab- 
inet, accompanied by Governor Hamp- 
ton, visited Atlanta, where the President 
made a speech which was cordially re- 
ceived by the people of that city and the 
State generally. In this speech he spoke 
complimentarily "of the gray as well as 
the blue." He was responded to in like 
kindly terms by Governor Colquitt, ex- 
Governor Brown, Senalor Hill and 
others. His reception was little short 
of an ovation. 

On the assembling of the extra session 
the majority of the House was Demo- 
cratic, as stated, and Randall was again 
elected Speaker, but both Houses met in 
much better temper than that in which 
they had parted in March. There was 
at this time no excited or angry discus- 
sions on sectional questions in either 
56 



House of Congress. The spirit of pa- 
triotism seemed to resume its sway in 
all quarters of the country. 

On the 1st of November of this year, 
Oliver P. Morton, of Indiana, died at his 
home in Indianapolis, after a protracted 
illness. One of the great lights of the 
country passed away when he sank to 
rest. 

The second session of the Forty-fifth 
Congress convened on the first Monday 
in December, 1877. Many important 
measures were passed at this session ; 
one relieving Southern pensioners, as 
surviving soldiers of the War of 1812, 
from what was known as the Iron-clad 
oath ; one remonetizing silver to a cer- 
tain extent — that is, allowing the re- 
coinage of the standard silver dollar of 
412^ grains of silver, to the extent of 
$4,000,000 a month ; and one providing 
for a return to specie payments. 

On the 1 2th of February, 1878, an 
exceedingly interesting ceremony took 
place in the House of Representatives, 
witnessed by the President, his cabinet, 
Senators, and an immense crowd of 
spectators. It was the presentation and 
unveiling of Carpenter's picture of the 
Signing of Lincoln's Emancipation Proc- 
lamation. Mrs. Elizabeth Thompson, a 
lady of culture and wealth, of New York- 
city, purchased the painting of Mr. Car- 
penter at the cost cf $25,000, and made 
a munificent gift of it to Congress, and 
it was purchased and unveiled on the 12th 
of February, which would have been Mr. 
Lincoln's 70th birthday, had he lived. 
We subjoin the following report of the 
ceremonies. 

Speech of the Hon. James A. Garfield, of Ohio, 
in the House of Representatives, 12th of February, 
1878. 

At two o'clock the Assistant Doorkeeper an- 
nounced the Senate of the United States. Preceded 



882 



HISTORY OF THE UNITED STATES. 



Eook II., c. 20 



by the Vice-President cf the United Stales and ac- 
companied l>y their Secretary and Sergeant-at-Arms, 
the Senators entered and took the seats assigned 
them. The donor of the picture, Mrs. Elizabeth 
Thompson, with her escort, and the artist, Mr. F. I!. 
Carpenter, also occupied seats on the floor. 

The VICE-PRESIDENT (who occupied a chair on 
the right of the Speaker) said : The Senate and 
House of Representatives have convened in joint 
session for the purpose of receiving, through the 
munificence of Mrs. Elizabeth Thompson, of the city 
of New York, Carpenter's painting, The Signing of 
the Proclamation of Emancipation. 

Mr. GARFIELD. — Mr. President, by the order of 
the Senate and the House, and on behalf of the 
donor, Mrs. Elizabeth Thompson, it is made my 
plea-ing duty to deliver to Congress the painting 
which is now unveiled. It is the patriotic gift of an 
American woman, whose years have been devoted to 
gentle and generous charities, and to the instruction 
and elevation of the laboring poor. 

Believing that the perpetuity and glory of her 
country depend upon the dignity of labor and the 
equal freedom of all its people, she has come to the 
Capitol to place in the perpetual custody of the nation, 
as the symbol of her faith, the representation of that 
great act which proclaimed " liberty throughout all 
the land unto all the inhabitants thereof." 

Inspired by the same sentiment, the Representa- 
tives of the nation have opened the doors of this 
Chamber to receive at her hands the sacred trust. In 
coming hither, these living Representatives have 
pissed under the dome and through that beautiful 
and venerable Hall which, on another occasion, I 
have ventured to call the third House of American 
Representatives, that silent assembly whose members 
have received their high credentials at the impartial 
hand of history. Year by year we see the circle of 
its immortal membership enlarging; year by year we 
see the elect of their country in eloquent silence tak- 
ing their places in this American Pantheon, bringing 
within its sacred precincts the wealth of those im- 
mortal memories which made their lives illustrious ; 
and year by year that august assembly is teaching 
deeper and grander lessons to those who serve in 
these more ephemeral Houses of Congress. 

Among the paintings hitherto assigned to places 
within the Capitol are two which mark events forever 
memorable in the history of mankind, thrice mem- 
orable in the history of America. 

The first is the piiniing by Vanderlyn, which 
represents, though with inadequate force, that great 
discovery which gave te the civilized world a new 
hemisphere. 

The second, by Trumbull, represents that great 
Declaration which banished forever from our shores 
the crown and sceptre of imperial power, and pro- 



posed to found a new nation upon the broad and 
enduring basis of liberty. 

To-day, we place upon our walls this votive tablet 
which commemorates the third great act in the history 
of America, the fulfilment of the promises of the 
Declaration. 

Concerning the causes which led to that act, the 
motives which inspired it, the necessities which com- 
pelled it, and the consequences which followed and 
are yet to follow it, there have been, there are, and 
still will be great and honest differences of opinion. 
Perhaps we are still too near the great events of which 
this act formed so conspicuous a part, to understand 
its deep significance and to foresee its far-off conse- 
quences. 

The lesson of history is rarely learned by the actors 
themselves, especially when they read it by the fierce 
and dusky light of war, or amid the deeper shadows 
of those sorrows which war brings to both. But the 
unanimous voice of this House in favor of accepting 
the gift, and the impressive scene we here witness, 
bear eloquent testimony to the transcendent impor- 
tance of the event portrayed on yonder canvas. 

Let us pause to consider the actors in that scene. 
In force of character, in thoroughness and breadth 
of culture, in experience of public affairs, and in 
national reputation, the Cabinet that sat around that 
council-board has had no superior, perhaps no equal 
in our history. Seward, the finished scholar, the 
consummate orator, the great leader cf the Senate, 
had come to crown his career with those achieve- 
ments which placed him in the first rank of modern 
diplomatists. Chase, with a culture and a fame of 
massive grandeur, stood as the rock and pillar of the 
public credit, the noble embodiment of the public 
faith. Stanton was there, a very Titan of strength, 
the great organizer of victory. Eminent lawyers, 
men of business, leaders of States, and leaders of 
men completed the group. 

But the man who presided over that council, who 
inspired and guided its deliberations, was a character 
so unique that he stood alone, without a model in 
history or a parallel among men. Born on this day, 
sixty-nine years ago, to an inheritance of extremest 
poverty ; surrounded by the rude forces of the wilder- 
ness; wholly unaided by parents; only one year in 
any school ; never, for a day, master of his own time 
until he reached his majority; making his way to the 
profession of law by the hardest and roughest road: 
yet by force of unconquerable will and persistent, 
patient work, he attained a foremost place in his pro- 
fession, 

"And, moving up from high to higher, 
Became, on fortune's crowning slope, 
The pilinr of a people's hope, 
The centre of a world's desire." 



THE ADMINISTRATION OF HAYES. 



883 



At first, it was the prevailing belief that he would 
he only the nominal head of his administration ; that 
his policy would be directed by the eminent statesmen 
he had cailed to his council. How erroneous this 
opinion was, may be seen from a single incident : 

Among the earliest, most difficult and most deli- 
cate duties of his administration, was the adjustment 
of our relations with Great Britain. Serious compli- 
cations, even hostilities, were apprehended. On the 
2lst of May, 1S61, the Secretary of State presented 
to the President his draught of a letter of instructions 
to Minister Adams, in which the position of the 
United States and the attitude of Great Britain were 
set forth with the clearness and force which long ex- 
perience and great ability had placed at the command 
of the Secretary. 

Upon almost every page of that original draught 
are erasures, additions, and marginal notes in the 
handwriting of Abraham Lincoln, which exhibit a 
sagacity, a breadth of wisdom, and a comprehension 
of the whole subject, impossible to be found except 
in a man of the very first order. And these modifi- 
cations of a great state paper were made by a man 
who, but three months before, had entered, for the 
first time, the wide theatre of executive action. 

Gifted with an insight and a foresight which the 
ancients would have called divination, he saw, in the 
midst of darkness and obscurity, the logic of events, 
and forecasted the result. From the first, in his own 
quaint, original way, without ostentation or offence to 
his associates, he was pilot r.nd commander of his 
administration. He was one of the few great rulers 
whose wisdom increased with his power and whose 
spirit grew gentler and tenderer as his triumphs were 
multiplied. 

This was the man and these his associates who look 
down upon us from the canvas. 

The present is not a fitting occasion to examine, 
with any completeness, the causes that led to the 
proclamation of emancipation ; but the peculiar rela- 
tion of that act to the character of Abraham Lincoln 
cannot be understood, without considering one re- 
markable fact in his history: His earlier years were 
passed in a region remote from the centres of political 
thought, and without access to the great world of 
books. But the few books that came within his reach 
he devoured with the divine hunger of genius. One 
paper, above all others, led him captive, and filled his 
spirit with the majesty of its truth and the sublimity 
of its eloquence. It was the Declaration of Ameri- 
can Independence. The author and the signers of 
that instrument became, in his early youth, the heroes 
of his political worship. 

I doubt if history affords any example of a life so 
early, so deeply, and so permanently influenced, by a 
single political truth, as was Abraham Lincoln's by 



the central doctrine of the Declaration — the liberty 
and equality of all men. Long before his fame had 
become national he said : 

" That is the electric cord in the Declaration that 
links the hearts of patriotic and liberty-loving men to- 
gether, and that will link such hearts as long as the 
love of freedom exists in the minds of men through- 
out the world." 

That truth runs, like a thread of gold, through the 
whole web of his political life. It was the spear-point 
of his logic, in his debates with Douglas. It was the 
inspiring theme of his remarkable speech at the Cooper 
Institute which gave him the nomination to the Presi- 
dency. It filled him with reverent awe when, on his 
way to the Capital, to enter the shadows of the terrible 
conflict then impending, he uttered, in Carpenter's 
Hall, at Philadelphia, these remarkable words, which 
were prophecy then, but are history now : 

" I have never had a feeling, politically, that did 
not spring from the sentiments embodied in the De- 
claration of Independence. I have often pondered 
over the dangers which were incurred by the men 
who assembled here and framed and adopted that 
Declaration. I have pondered over the toils that 
were endured by the officers and soldiers of the army 
who achieved that independence. I have often in- 
quired of myself what great principle or idea it was 
that kept this confederacy so long together. It was 
not the mere matter of the separation of the colonies 
from the mother land, but that sentiment in the Decla- 
ration of Independence which gave liberty not alone 
to the people of this country, but I hope to the world 
for all future time. It was that which gave promise 
that, in due time, the weight would be lifted from the 
shoulders of all men. This is the sentiment embodied 
in the Declaration of Independence. Now, my 
friends, can this country be saved on that basis? If 
it can, I shall consider myself one of the happiest men 
in the world if I can help to save it. If it cannot be- 
saved upon that principle, it will be truly awful. But 
if this country cannot be saved without giving up that 
principle, I was about to say I would rather be assassi- 
nated on this spot than surrender it." 

Deep and strong was his devotion to liberty; yet 
deeper and stronger still was his devotion to the 
Union ; for he believed that, without the Union, per- 
manent liberty- for either race on this continent would 
be impossible. And because of this belief, he was 
reluctant, perhaps more reluctant than most of his 
associates, to strike slavery with the sword. For 
many months the passionate appeals of millions of 
his associates seemed not to move him. He listened 
to all the phases of the discussion, and stated, in lan- 
guage clearer and stronger than any opponent had 
used, the dangers, the difficulties, and the possible 
futility of the act. 



8S 4 



HISTORY OF THE UXITED STATES. 



Book II., c. 30 



In reference to its practical wisdom, Congress, the 
Cabinet and the country were divided. Several of 
his generals had proclaimed the freedom of slaves 
within the limits of their commands. The President 
revoked their proclamations. His first Secretary of 
War had inserted a paragraph in his annual report 
advocating a similar policy. The President sup- 
pressed it. 

On the 19th of August, 1862, Horace Greeley pub- 
lished a letter, addressed to the President, entitled 
" The prayer of twenty millions," in which he said : 

"On the face of this wide earth, Mr. President, 
there is not one disinterested, determined, intelligent 
champion of the Union cause who does not feel that 
all attempts to put down the rebellion and at the 
same time uphold its inciting cause, are preposterous 
and futile." 

To this the President responded in that ever- 
memorable dispatch of August 22d, in which he 
said : 

" If there be those who would not save the Union 
unless they could at the same time save slavery, I do 
not agree with them. 

" If there be those who would not save the Union 
unless they could at the same time destroy slavery, I 
do not agree with them. 

"My paramount object is to save the Union, and not 
either to save 4r destroy slavery, 

"If 1 could save the Union without freeing any 
slave, I would do it. Ill could save it by freeing all 
the slaves, I would do it; and if I could do it by 
freeing some and leaving others alone, I would also 
do that. 

" What I do about slavery and the colored race I 
rlo because I believe it helps to save the Union, and 
what I forbear, I forbear because I do not believe it 
helps to save the Union. 

" I shall do less whenever I shall believe that what 
I am doing hurts the cause, and I shall do more 
whenever I believe doing more will help the cause." 

Thus, against all importunities on the one hand and 
remonstrances on the other, he took the mighty ques- 
tion to his own heart, and during the long months 
of that terrible battle-summer wrestled with it alone. 
Put at length he realized the saving truth, that great, 
unsettled questions have no pity for the repose of 
nation*. 

On the 22d of September he summoned his Cabinet 
to announce his conclusion. It was my good fortune, 
on that same day, and a few hours after th; meeting, 
to hear from the lips of one who participated, the story 
of the scene. As the heads of the Executive depart- 
ments came in, one by one, they found the President 
reading a favorite chapter from a great humorist. He 
was lightening the weight of the great burden which 
rested upon his spirit. He finished the chapter, read- 



ing it aloud. And here I quote from the published 
journal of the late Chief-Justice an entry, written 
immediately after the meeting, and bearing unmis- 
takable evidence that it is almost a literal transcript 
of Lincoln's words : 

" The President then took a graver tone and said : 
'Gentlemen, I have, as you are aware, thought a great 
deal about the relation of this war to slavery ; and 
you all remember that, several weeks ago, I read to 
you an order I had prepared upon the subject, which, 
on account of objections made by some of you, was 
not issued. Ever since then my mind has been much 
occupied with this subject, and I have thought a'l 
along that the time for acting on it might probably 
come. I think the time has come now. I wish it 
was a better time. I wish that we were in a better 
condition. The action of the army against the reb< Is 
has not been quite what I should have best liked, but 
they have been driven out of Maryland, and Penn- 
sylvania is no longer in danger of invasion. 

"'When the rebel army was at Frederick, I de- 
termined, as soon as it should be driven out of Mary- 
land, to issue a proclamation of emancipation, such 
as I thought most likely to be useful. I said nothing 
to any one, but I made a promise to myself and (hesi- 
tating a little) to my Maker. The rebel army is now 
driven out, and I am going to fulfil that promise. I 
have got you together to hear what I have written 
down. I do not wish your advice about the main 
matter, for that I have determined for myself. This 
I say without intending anything but respect for any 
one of you. But I already know the views of each 
on this question. They have been heretofore ex- 
pressed, and I have considered them as thoroughly 
and carefully as I can. What I have written is that 
which my reflections have determined me to say. If 
there is anything in the expressions I use, or in any 
minor matter which any one of you thinks had best 
be changed, I shall be glad to receive your sugges- 
tions. One other observation I will make. I know 
very well that many others might, in this matter as in 
others, do better than I can ; and if I was satisfied 
that the public confidence was more fully possessed 
by any one of them than by me, and knew of any 
constitutional way in which he could be put ill my 
place, he should have it. I would gladly yield to 
him. But though I believe I have not so much of the 
confidence of the people as I had some time since, I 
do not know that, all things considered, any other 
person has more ; and, however this may be, there is 
no way in which I can have any other man put where 
I am. I am here ; I must do the best I can and bear 
the responsibility of taking the course which I feel I 
ought to take.' 

" The President then proceeded to read his eman- 
cipation proclamation, making remarks on the several 




(88 5 ) 



«86 



HISTORY OF THE UNITED STATES. 



Hook II., c. 36 



parts as he went on, and showing that he had fully 
considered the subject in all the lights under which 
it had been presented to him." 

The proclamation was amended in a few matters 
of detad. It was signed and published that day. 
The world knows the rest, and will not forget it till 
"the last syllable of recorded time." 

In the painting before us, the artist has chosen the 
moment when the reading of the proclamation was 
finished, and the Secretary of State was offering his 
first suggestion. I profess no skill in the subtle mys- 
teries of art criticism. I can only say of a painting 
what the painting says to me. I know not what this 
may say to others ; but to me it tells the whole story 
of the scene in the silent and pathetic language 
of art. 

We value the Trumbull picture of the Declaration 
— that promise and prophecy of which this act was 
the fulfilment — because many of its portraits were 
taken from actual life. This picture is a faithful repro- 
duction not only of the scene, but its accessories. It 
was painted at the Executive Mansion, under the eye 
of Mr. Lincoln, who sat with the artist during many 
days of genial companionship, and aided him in ar- 
ranging the many details of the picture. 

The severely plain chamber (not now used for 
Cabinet councils), the plain marble mantel, with the 
portrait of a hero President above it; the council- 
table at wh'ch Jackson and his successor had pre- 
sided; the old-fashioned chairs; the books and maps; 
the captured sword, with its pathetic history; all are 
there, as they were, in fact, fifteen years ago. But 
what is of more consequence, the portraits are true 
to the life. Mr. Seward said of the painting, " It is 
a vivid representation of the scene, with portraits of 
rare fidelity ; " and so said all his associates. 

Without this painting the scene could not even now 
be reproduced. The room has been remodeled; its 
furniture is gone; and Death has been sitting in that 
council, calling the roll of its members in quick suc- 
cession. Yesterday he added another name to his 
fatal list ; and to-day he has left upon the earth but a 
single witness of the signing of the proclamation of 
emancipation. 

With reverence and patriotic love the artist accom- 
plished his work ; with patriotic love and reverent 
faith the donor presents it to the nation. In the spirit 
of both, let the reunited nation receive it and cherish 
it forever. [Applause on the floor and in the 
galleries.] 

Mr. Stephens, of Georgia, rose and 
said : 

Mr. President and Mr. Speaker, there is but little 
left to say in the performance of the part assigned 



me in the programme arranged for this august occa- 
sion. Upon the merits of the picture and the skill 
of the artist, my friend from Ohio [Mr. Garfield] 
has dwelt at large. I can but indorse all he has so 
well said on that subject. As to the munificent gift 
of the donor, he has also left me nothing to add. 
The present of a twenty-five thousand dollar paint- 
ing to the government well deserves commendation. 
Few instances of this sort have occurred in the his- 
tory of our country; I know of none. The example 
of this generous lady in the encouragement of art may 
well be followed by others. 

Mr. President, with regard to the subject of the 
painting I propose, if strength permits, to submit a 
few remarks ; first, as to the central figure, the man ; 
after that, as to the event commemorated. I knew 
Mr. Lincoln well. We met in this House in Decem- 
ber, 1847. We were together during the Thirtieth 
Congress. I was as intimate with him as Vi ith any 
other man of that Congress, except perhaps one. 
That exception was my colleague, Mr. Toombs. 
Of Mr. Lincoln's general character I need not speak. 
He was warm hearted; he was generous; he was 
magnanimous; he was most truly, as he afterward 
said on a memorable occasion, " with malice towards 
none, with charity for all." 

In bodily form he was above the average; and so 
in intellect; the two were in symmetry. Not highly 
cultivated, he had a native genius far above the 
average of his fellows. Every fountain of his heart 
was ever overflowing with the " milk of human kind- 
ness." So much for him personally. From my 
attachment to him, so much the deeper was the pang 
in my own breast as well as of millions at the horri- 
ble manner of his "taking off." That was the 
climax of our troubles and the spring from which 
came afterward " unnumbered woes." But of those 
events no more now. Widely as we differed on pub- 
lic questions and policies, yet as a friend I may say: 

" No farther seek his merits to disclose, 

Or draw his frailties from their dread abode: 
There they alike in trembling hope repose, 
The bosom of his Father and his God." 

So much I have felt it my duty on this occasion to 
say in behalf of one with whom I held relations so 
intimate, and one who personally stood so high in 
my estimation. 

Now as to the great historic event which this pic- 
ture represents, and which it is designed to com- 
memorate. . 

This is perhaps a subject which, as my friend from 
Ohio has said, the people of this day and generation 
are not exactly in a condition to weigh rightfully 
and judge correctly. One thing was remarked by 
him which should be duly noted. That was this: 



THE ADMINISTRATION OF HA YES. 



887 



Emancipation was not the chief object of Mr. Lincoln 
in issuing the proclamation. His chief object, the 
ideal to which his whole soul was devoted, was the 
preservation of the Union. Let not history confuse 
events. That proclamation, pregnant as it was with 
coming events, initiative as it was of ultimate eman- 
cipation, still originated in point of fact more from 
what was deemed the necessities of war than from 
any pure humanitarian view of the matter. 

" Life is all a mist ; 
And in the dark our fortunes meet us." 

This was evidently the case with Mr. Lincoln. 
He in my opinion was like all the rest of us, an in- 
strument in the hands of that Providence above us, 
that " Divinity which shapes our ends, rough-hew 
them how we will." I doubt much, as was indicated 
by my friend from Ohio, whether Mr. Lincoln at the 
time realized the great result. Mark you, the pro- 
clamation itself did not declare free all the colored 
people of the Southern States ; it applied only to 
those parts of the country then in resistance to the 
Federal authorities. If the emancipation of the 
colored race, which is one of the greatest epochs in 
our day, and will be so marked in the future history 
of this country, be a boon or a curse to them (a 
question which, under Providence, is yet to be 
solved, and which depends much upon themselves), 
then, representing the Southern States here, I must 
claim in their behalf that the freedom of that race 
was never finally consummated, and could not be 
until the Southern States sanctioned the thirteenth 
amendment, which they did, every one of them, by 
their own former constituencies. Before the upturn- 
ing of Southern society by the reconstruction acts the 
white people there came to the conclusion that their 
domestic institution known as slavery had belter be 
abolished. They accepted the proposition for eman- 
cipation by a voluntary, uncontrolled sanction of the 
proposed thirteenth amendment to the Constitution 
of the United States. This sanction was given by 
the original constituency of those States, the former 
governing white race, and without that sanction the 
thirteenth amendment never could have been in- 
corporated in the fundamental law. That is the 
charter of the colored man's freedom. Mr. Lincoln's 
idea, as embodied in his first proclamation of Sep- 
tember 22d, 1862, as well as that of January 1st, 
1863, was consummated by the adoption of the thir- 
teenth amendment of the Constitution of the United 
States, and without that the proclamation had noth- 
ing but the continued existence of the war to sus- 
tain it. 

Had the States in resistance laid down their 
arms by the 1st of January, 1863, the Union would 
have been saved, but the condition of the slave so 



called would have been unchanged. Upon the sub- 
ject of emancipation itself it may here be stated that 
the pecuniary view, the politico-economic question 
involved, the amount of property invested under the 
system, though that was vast, not less than #2,000, 
000,000, weighed, in my estimation, no more than a 
drop in the bucket compared with the great ethno- 
logical problem now in the process of solution. 

Mr. President, as to this institution called slavery 
in the Southern States many errors existed, and many 
exceedingly unjust prejudices. Prejudice! What 
wrongs, what injuries, what mischiefs, what lament- 
able consequences have resulted at all limes from 
this perversity of the intellect! Of all the obstacles 
to the advancement of truth and human progress in 
every department of knowledge, in science, in art, in 
government, and in religion, in all ages and climes, 
not one on the list is more formidable, more difficult 
to overcome and subdue than this horrible distortion 
of the moral as well as intellectual faculties. 

I could enjoin no greater duty upon my country- 
men now, North and South, as I said upon a former 
occasion, than the exercise of that degree of forbear- 
ance which would enable them to conquer their pre- 
judices. One of the highest exhibitions of the moral 
sublime the world ever witnessed was that of Daniel 
Webster, the greatest orator I ever heard, combining 
thought with elocution, when, after Faneuil Hall was 
denied him, he in an open barouche in the streets of 
Boston proclaimed in substance to a vast assembly 
of his constituents — unwilling hearers — that they had 
conquered an uncongenial clime ; they had conquered 
a sterile soil ; they had conquered the winds and cur- 
rents of the ocean ; they had conquered most of the 
elements of nature, but they must yet learn to con- 
quer their prejudices. 

I would say this to the people of the North as well 
as to the people of the South. 

Indulge me for a moment upon this subject of the 
institution of slavery, so called, in the Southern 
States. Well, Mr. President and Mr. Speaker, it 
was not an unmitigated evil. It was not, thus much 
I can say, without its compensations. It is my pur- 
pose now, however, to bury, not to praise, to laud, 
" nor aught extenuate." 

It had its faults, and most grievously has the coun- 
try, North and South, for both were equally responsi- 
ble for it, answered them. It also, let it be remem- 
bered, gave rise to some of the noblest virtues that 
adorn civilization. But let its faults and virtues be 
buried alike forever. 

I will say this: If it were not the best relation for 
the happiness and welfare of both races or could not 
be made so, morally, physically, intellectually, and 
politically, it was wrong, and ought to have been 
abolished. This I said of it years before secession, 



888 



HISTORY OF THE UNITED STATES. 



Book II., c. 36 



and I repeat it still. But as I have said, this is no 
time now to discuss those questions. 

I have seen something ol the world and travelled 
somewhat, and I have never yet found on earth a 
paradise. The Southern States are no exception. 
Wherever I have been I have been ready to exclaim 
with Burns — 

" But oh ! what crowds in every land 
Are wretched and forlorn ? 



Man's inhumanity to man 

Makes countless thousands mourn." 

It was so at the South. It was so at the North. 
It is so yet. It is so in every part of the world that 
I have been. The question of the proper relation 
of the races is one of the most difficult problems 
which statesmen or philanthropists, legislators or 
jurists, ever had to solve. The former policy of the 
Southern States upon this subject is ended, but I do not 
think it inappropriate on this occasion to indulge in 
some remarks upon the subject. Since the emanci- 
pation, since the former ruling race have been re- 
lieved of their direct heavy responsibility for the 
protection and welfare of their dependents, it has 
been common to speak of the colored race as " the 
wards of the nation." 

May I no' say with appropriateness in this con- 
nection, and .lae reverence, in the language of Geor- 
gia's greatest intellect (Toombs), " They are rather 
tlie wards of the Almighty," committed now under a 
new state of things to the rulers, the lawmakers, the 
law-expounders, and the law-executors throughout 
this broad land, within their respective constitutional 
spheres, to take care of and provide for, in that com- 
plicated system of government under which we live. 
I am inclined, sir, so to regard them and so to speak 
of them — not as to exceptional cases, but as a mass. 
In the providence of God why their ancestors were 
permitted to be brought over here, it is not for us to 
say, but they have a location and habitation here, 
especially in the South ; and since the changed con- 
dition of their status, though it was the leading cause 
of the late terrible conflict of arms between the States, 
yet I think I may venture to affirm there is not one 
within the circle of my acquaintance, or in the whole 
Southern country, who would wish to see the old 
relation restored. 

If there is one in all the South who would desire 
such a change back I am not aware of it. Well, 
then, this changed status creates new duties. The 
wardship has changed hands. Men of the North 
and of the South, of the East and of the West — I care 
not of what party — I would to-day on this commem- 
orative occasion, urge upon every one within the 



sphere of duty and of humanity, whether in public 
or private life, to see to it, that there be no violation 
of the divine trust. 

Mr. President and Mr. Speaker, one or two other 
reflections may not be out of place on this occasion. 
In submitting them, I shall but repeat, in substance, 
what I said in my own State nearly twelve years ago. 
What is to be the future ? 

During the conflict of arms I frequently almost 
despaired of the liberties of our country both South 
and North. War seldom advances, while it always 
menaces the cause of liberty, and most fiequently re- 
sults in its destruction. The union of these States at 
first I always thought was founded upon the assump- 
tion that it was the best intere>t of all to remain 
united, faithfully performing each for itself its own 
constitutional obligations under the compact. When 
secession was resorted to as a remedy, it was only to 
avoid a greater evil that I went with my State, hold- 
ing it to be my dut} so to do, but believing all the 
time that, if successful (for which end 1 strove most 
earnestly), when the passions of the hour and of the 
day were over the great law which produced the 
Union at first, "mutual interest and reciprocal advan- 
tage," this grand truth which Great Britain learned 
after seven years of the Revolutionary war, and put 
in the preamble to the preliminary articles of peace 
in 1 781, would reassert itself, and that at no distant 
day *a new Union of some sort would again be 
formed. 

My earnest desire, however, throughout, was that 
whatever might be done, might be peaceably done ; 
might be the result of calm, dispassionate, and en- 
lightened reason, looking to the permanent interests 
and welfare of all. And now, after the severe chas- 
tisement of war, if the general sense of the whole 
country shall come back to the acknowledgment of 
the original ass'.imption, that it is for the best inter- 
ests of all the States to be so united, as I trust it will 
— the States still being '• separate as the billows but 
one as the sea " — this thorn in the body politic l>eing 
now removed, I can perceive no reason why under 
such restoration, the flag no longer waving over 
provinces but States, we as a whole, with "peace, 
commerce, and honest friendship with all nations 
and entangling alliances with none," may not enter 
upon a new career, exciting increased wonder in the 
Old World by grander achievements hereafter to be 
made than any heretofore attained by the j>eacefiil 
and harmonious workings of our matchless system of 
American Federal institutions of self-government. 
All this is possible if the hearts of the people be right. 
It is my earnest wish to see it. Fondly would I in- 
dulge my fancy in gazing on such a picture of the 
future. With what rapture may we not suppose the 
spirits of our fathers would hail its opening scenes 



THE ADMINISTRATION OF HAYES. 



889 



from their mansions above. But if, instead of all this, 
sectional pnssions shall continue to bear sway ; if 
prejudice shall rule the hour; if a conflict of classes, 
of labor ami capital, or of the races shall arise; if the 
embers of the late war shall be kept aglowing until 
with new fuel they shall flame up again, then our late 
great troubles and disasters were but the shadow, the 
penumbra of that deeper and darker eclipse which is 
to totally obscure this hemisphere, and blight forever 
the anxious anticipations and expectations of man- 
kind ! Then hereafter by some bard it may be 
sung— 

The star of hope shone brighter in the West, 
The hope of liberty, the last, the best ; 
It, too, has set upon her darkened shore, 
And hope and freedom light up earth no more. 
[Loud applause.] 

The Vice-President. — The object for which the 
two houses convened having been accomplished, the 
Senate will now retire to its chamber. 

At the same session Congress also 
provided for the appointment of Com- 
missioners to meet a general Monetary 
Conference, to assemble in Paris, during 
the summer of this year, for the estab- 
lishment, if possible, of a uniform ratio 
between the values of gold and silver in 
this country and the European nations. 

In the meantime, the Committee on 
Coinage, Weights and Measures, of the 
House of Representatives, had reported 
a formula for the coinage of the first 
metric dollar of exact standard value 
known in the world. It was fourteen 
grammes in weight, and composed of 
nearly equal parts in value of gold and 
silver, with the usual one-tenth alloy. 
It was known as the goloid dollar. The 
inventor and discoverer of the formula 
was Dr. William Wheeler Hubbell, of 
Philadelphia, Pennsylvania, one of the 
most distinguished scientists of the age. 
After the report of the goloid dollar was 
made, and specimens of the coin were 
struck at the Mint, Dr. Hubbell pushed 
his inquiries further, and established 
formulae for the coinage of the gold 
Eagle, of \y}i grammes, the Double 



Eagle, of 35 grammes, and the Half 
Eagle, of 8.75 grammes in weight, on 
the metric system entirely, and a new 
gold coin of $4 value, and 7 grammes in 
weight, to correspond as nearly as pos- 
sible in denomination with the German 
8-florin piece, and to become the unit of 
invoice in trade. This was soon fol- 
lowed by the establishment by him of a 
formula for the coinage of a metric silver 
dollar, 25 grammes in weight. Speci- 
mens of these coins, of the standard 
values of the United States, have been 
stricken at the Mint, and form an epoch 
in metallurgy and coinage. The reports 
of the committee on these coins recom- 
mending their adoption, have not been 
reached in Congress since they were 
first made. 

During the same session of Congress, 
just before the adjournment in summer, 
an attempt was made to revive the dis- 
pute attending the last Presidential elec- 
tion, and to assail Mr. Hayes' title. 
This was embraced in what was known 
as the resolutions of Clarkson N. Potter, 
of New York. That movement, how- 
ever, was of short duration. The ques- 
tion was dropped never to be stirred 
again. 

Soon after the inauguration, General 
Grant left the United States with a view 
to an extensive tour in the East. After 
visiting the principal European nations, 
he passed through Egypt and the Eng- 
lish possessions in Asia, on through 
China and Japan, and returned by the 
United States Pacific Mail Steam Line to 
San Francisco, and thence by railroad to 
Chicago, where he was received with im- 
mense enthusiasm after an absence of 
about three years, during which he had 
made the circuit of the earth, and had 
received more attentions, distinctions, 
and honors, perhaps, than any ma., who 



' 










(8go) 



THE ADMINISTRATION OF HA\ES. 



89I 



had ever lived before in any land or 
clime. M.iny of his friends now zeal- 
ously advocated his nomination for the 
Presidency again at the next election. 
Mr. Hayes, it was known from the begin- 
ning, had positively declined to be a can- 
didate for re-election. But many leading 
Republicans, Mr. James G. Blaine, John 
Sherman and others, were very much 
opposed to what was known as the 
" third term," and entered zealously into 
the contest for the nomination against 
Grant at the approaching Convention at 
Chicago. This body met at that place 
on the 2d day of June. There never 
was, perhaps, a convention in the United 
States, where wilder excitement or more 
confusion prevailed. The combined op- 
position controlled the majority. Grant's 
friends were firm and inflexible, but their 
number could not rise above 306. Blaine 
led the lists. Sherman followed, then 
others. The name of Garfield, the special 
friend of Sherman, and not particularly 
objectionable to any of the others, was 
presented. It was received with wild 
bursts of enthusiasm. He was unani- 
mously nominated, and Chester A. Ar- 
thur, of New York, the political friend 
of Mr. Conkling, who was the Ajax 
Telemon of Grant's forces in the Con- 
vention, was unanimously chosen as 
Vice-President. 

The Democratic Convention met in 
Cincinnati on the 22d of June, twenty 
days after. They presented the names 
of General Winfi:ld S. Hancock, of New 
York, for President, and William H. 
English, of Indiana, for Vice-President. 
The contest was animated and, in some 
instances, bitter, especially against Gar- 
field in the matter of the Morey letter, 
but the result was the triumphant elec- 
tion of Garfield and Arthur. The elec- 
toral vote in the colleges stood for Gar- 



field and Arthur 214, and for Hancock 
and English, 155. 

The States that voted for Garfield and 
Arthur were Colorado, Connecticut, Il- 
linois, Indiana, Iowa, Kansas, Maine, 
Massachusetts, Michigan, Minnesota, Ne- 
braska, New Hampshire, New York, 
Ohio, Oregon, Pennsylvania, Rhode Isl- 
and, Vermont, Wisconsin ; and those that 
voted for Hancock and English were 
Alabama, Arkansas, Delaware, Florida, 
Georgia, Kentucky, Louisiana, Mary- 
land, Mississippi, Missouri, Nevada, New 
Jersey, North Carolina, South Carolina, 
Tennessee, Texas, Virginia, West Vir- 
ginia. 

The State of California was divided. 
She cast one vote for Garfield and Ar- 
thur, and five for Hancock and English. 

The last session of the Forty-sixth 
Congre3s passed off without any excite- 
ment or anything of marked interest 
in it except the enactment of the regular 
apprqpriation bills. An era of good 
feeling seemed generally to prevail. 

The last days of Mr. Hayes' adminis- 
tration were the happiest, perhaps, he 
ever spent in the White House. No 
President in modern times has received 
such earnest tributes of regard and mani- 
festations of esteem from so many thou- 
sands as he did. For four or five days 
preceding the 4th of March, thousands 
of people thronged the Executive Man- 
sion to take their leave of him and his 
most accomplished lady. The English 
proverb that " mankind turns towards 
the rising instead of the setting sun " was 
not so in his case. At the close of his 
term, he retired to his residence at Fre- 
mont, Ohio, with the good will of mil- 
lions of his fellow-citizens following him, 
and leaving an administration which will 
be known in history as one of the wisest 
and most beneficent of modern times. 



892 



HISTORY OF THE UNITED STATES. 



Book II., c. Zj 



CHAPTER XXXVII. 



ADMINISTRATION OF GARFIELD AND 
ARTHUR. 

(4th March, 1881, to Dec, 18S2.) 

Inauguration scenes — Grandest pageant ever before 
witnessed in the United States — The new Cabinet 
— Troubles in the Republican party — Irreparable 
breach — The nomination of Robertson for the Col- 
lectorship at New York — Resignation of Conkling 
and Piatt — Illness of Mrs. Garfield — Assassination 
of the President — His suffering and death — Vice- 
President Arthur becomes President — Funeral of 
President Garfield — Guiteau, the assassin — His 
trial, conviction and execution — President Arthur's 
Cabinet — Mr. Blaine's South American policy — 
The first session of the Forty-seventh Congress — 
Blaine's Eulogy on Garfield — The anti-Chinese Bill 
— The Tariff Commission Bill — The extension of 
the National Bank charters, with the funding of the 
2,]4 per cent, into 3 per cent, bonds — The Cotton 
Exposition at Atlanta, Ga. — The conclusion. 

AMES ABRAM GARFIELD, 
the twentieth President of the 
United States, was born in Cuya- 
hoga county, Ohio, on the 19th 
of November, 1831, and. was, 
therefore, in the 50th year of his age at 
the time of his inauguration. He was 
of humble but most respectable parent- 
age. His early days were spent on a 
farm, which was a small estate left his 
mother by his father, who died when he 
was under two years of age, the youngest 
of four children. His mother was one 
of Nature's noblest women. By in- 
dustry, economy and good management, 
she was enabled to bring up her four 
children, and to give them an ordinary 
common school education. James, hav- 
ing a stronger thirst for knowledge than 

fc> o o 

the others, by money raised from his 
own extra work, took a short course at 
a neighboring seminary; after this he 
taught school, and went to school by 
turns, until he had sufficient means to 
carry him through Williams' College, in 
Massachusetts, where he graduated with 




honor in 1856, in the 25th year of his 
age. He again resumed the vocation of 
teaching, lecturing, and occasionally 
preaching, as well as devoting what time 
he could spare to the study of law. lie- 
was admitted to the bar of Cuyahoga 
county, in i860, and was a member of 
the Ohio Senate in 1859-60. In 1861 
he accepted the lieutenar'-colonelcy of 
the 42d Ohio regiment, and served in 
southeast Kentucky. For services ren- 
dered here he was, in January, 1862, 
promoted to a brigadier-generalship, and 
afterwards took part in the battles at 
Shiloh and Pittsburgh Landing. After 
these battles, he was assigned to the posi- 
tion of chief of staff under General Rose- 
crans, who commanded the army of the 
Cumberland, and was, for distinguished 
gallantry at the battle of Chickamauga, 
promoted to the rank of major-general. 
He soon after resigned his position in 
the army, upon being elected to the 
Thirty-eighth Congress, and thereupon 
took his seat in the House of Represen- 
tatives, where he remained by successive 
elections until nominated for the Presi- 
dency, though previous to this nomina- 
tion, and while a member of the House, 
he had been elected to the United States 
Senate from Ohio, to take his seat in that 
body on 4th of March, [881. 

Of the travel of the President elect 
from his home to Washington City, pre- 
ceding his inauguration, and the scenes 
attending that imposing ceremony, a 
vivid as well as accurate writer gives the 
following interesting sketch : 

"On the 1st of March, General Gar- 
field left Mentor for Washington, to bo 
inaugurated President of the United 
States. The whole route was a trium- 
phal progress. At all the principal 
points he was received by enthusiastic 
crowds, and at several delivered brief 



THE ADMINISTRATION OF GARFIELD AND ARTHUR. 893 

but eloquent addresses. Washington | women and children hurried through 
was reached on the 2d of March, and 
the President elect met with a reception 
rarely given to persons even of his posi- 
tion. 

"On Friday, March 4th, the inaugura- 
tion ceremonies took place upon a scale 
of unusual magnificence. Thousands 
of strangers crowded the city. Military 
and civic organizations had been arriving 
for days previously, and on the morning 



the snow and slush from every direction, 
every one intent on reaching Pennsyl- 
vania avenue to witness the inaugural 
procession, or to the Capitol. About 
ten o'clock the escort of Federal troops 
was formed in front of the White House, 
and at half-past ten the procession started 
down Pennsylvania avenue for the Cap- 
itol. The in-coming and out-going 
Presidents rode in a four-horse barouche, 




JAMES A. 

of the 4th of March, it was believed that 
50,000 strangers were in the city. 

" Friday dawned bleak and stormy. 
Big flakes of snow went scattering 
through the chilling air. All the roofs 
and trees shed trickling streams of ice 
water. But between ten and eleven 
o'clock, although the high wind con- 
tinued, the sun began to show itself 
through the clouds. All Washington 
was astir at an early hour, and men, 



with the gorgeously uniformed First 
Cleveland troop mounted immediately 
in front. 

" The procession presented the most 
imposing spectacle witnessed in Wash- 
ington since the grand review of troops 
seventeen years ago, when the victorious 
armies of the Republic returned North 
at the close of the war. At the head 
were two platoons of mounted police, 
and the grand marshal, General W. T. 



894 



HISTORY OF THE UNITED STATES. 



Book II., c. 37 



Sherman, and aids. The procession was 
divided into five divisions, which num- 
bered fully 15,000 men. 

" The Senate assembled at ten 
o'clock. The floor was covered with 
chairs before, between and behind the 
rows of desks. At half-past ten Mrs. 
Hayes, Mrs. Garfield, and young Mrs. 
Garfield, accompanied by junior mem- 
bers of the Hayes and Garfield families, 
entered the scuth gallery. Mrs. Hayes 
and Mrs. Garfield carried bouquets. At 
the same time the doors of all the gal- 
leries therefore closed were opened, and 
the galleries were quickly filled with the 
families of Congressmen, heads of de- 
partments, diplomats, and officers of the 
army and navy. All the ladies wore 
handsome toilets. The scene was a bril- 
liant one. 

"A few minutes before eleven, Gen- 
eral Hancock, accompanied by General 
Mitchell, entered with Senator Blaine. 
As he walked across the Senate the 
galleries burst into loud applause. Sen- 
ator Conkling was the first to greet him. 
They shook hands warmly. Senator 
Thurman grasped his hand next. The 
whole Senate followed suit. After he had 
shaken hands with all, he was conducted 
to a seat on the left amid renewed ap- 
plause. 

" Then came successively Chief-Justice 
Carter, and the rest of the Supreme 
Court of the District; Judges Hunt, 
Bancroft, Davis and others of the Court 
of Claims; Secretary of State Evarts ; 
Governor Bigelow, of Connecticut ; ex- 
Attorncy-Gencral Williams, General Phil 
Sheridan and others. At twenty min- 
utes to eleven the Senate received the 
House resolution asking tor the appoint- 
ment of a senator on the committee to 
wait, with members appointed on the 
part of the House, on the President 



and tell him that Congress had fin- 
ished its business and was ready to ad- 
journ. 

"At eleven o'clock the President and 
President-elect, each accompanied by a 
member of the Committee of Arrange- 
ments, arrived and proceeded to the 
President's room. Vice-President-elect 
Arthur, accompanied by a member of 
the Committee of Arrangements, pro- 
ceeded to the Vice-President's room. 
The Diplomatic corps assembled in the 
marble room and entered the Senate 
Chamber in a body at fifteen minutes 
past eleven. All were in full court dress. 
The Japanese and Chinese legations 
attracted much attention. The corps 
was headed by its dean, Sir Edward 
Thornton and Secretary Evarts. At 
half-past eleven Chief-Justice YVaitc and 
the justices of the Supreme Court, ac- 
companied by ex-Justices Strong and 
Swayne, and preceded by their clerk, 
appeared in the Senate and took the 
seats provided for them. 

"The Presidential procession, headed 
by President Hayes and President-elect 
Garfield, finally entered, under escort of 
Senators Pendleton, Anthony, Bayard, 
and others of the Committee of Arrange- 
ments, and two minutes later was fol- 
lowed by Vice-President-elect Arthur, in 
charge of a committee composed of the 
above-named senators, all present in the 
chamber rising upon each occasion. 
Mr. Wheeler introduced the Vice-Presi- 
dent-elect, who addressed to the Senate 
a few well-chosen words, and then turned 
to Mr. Wheeler and raised his right 
hand. The outgoing Vice-President 
administered the oath of office to his 
successor, and immediately afterwards 
bade farewell to the Senate in a brief 
address. The new Senate was then 
organized ; after which the Senate, 



THE ADMINISTRATION OF GARFIELD AND ARTHUR. 



895 



House and guests proceeded to the east 
front of the capitol. 

" General Garfield read his inaugural 
slowly and effectively, and was frequently 
applauded. When he had concluded, he 



to the President-elect, and administered 
the customary oath. General Garfield 
kissed the page, bowed to the Chief- 
Justice, and then reverently kissed his 
mother and his wife, after which he re- 




JAMES G. BLAINE, PRESIDENT GARFIELD'S SECRETARY OF STATE. 



turned to Chief-Justice Waite and said, 
' I am now prepared to take the oath.' 

"The Chief-Justice was attended by 
Mr. McKinney, Clerk of the Supreme 
Court, carrying a Bible (Sabbath-school 



ceived the congratulations of his friends. 
"The ceremony being over, the Presi- 
dent and Mr. Hayes were escorted to the 
barouches, and the grand procession 
down the avenue to the White House 



edition). Rising, he tendered the book j began to move. Upon his arrival there, 



8 9 6 



HISTORY OF THE UNITED STATES. 



Book II., c. 37 



President Garfield took a seat upon the 
grand stand, in company with Mr. 
Hayes, and the procession passed in re- 
view before him. Two hours later the 
President and his family entered the 
White House." 

The names of the new cabinet were 
immediately sent to the Senate, and were 
confirmed without opposition. James G. 
Blaine, of Maine, was Secretary of State; 
William Windom, of Minnesota, was 
Secretary of the Treasury; Robert T. 
Lincoln, of Illinois, son of ex-President 
Abraham Lincoln, was Secretary of War; 
William II. Hunt, of Louisiana, was Sec- 
retary of the Navy; Samuel J. Kirkwood, 
of Iowa, was Secretary of the Interior ; 
Thomas L. James, of New York, was 
Postmaster General, and Wayne Mc- 
Veagh, of Pennsylvania, was Attorney 
General. 

The cabinet was regarded, generally, 
as one very judiciously selected, being 
all men of marked ability, though of 
somewhat different shades of opinion in 
the Republican party. 

An extra session of the Senate, as 
usual, was convened by the President to 
act on Executive appointments. On as- 
sembling, a new organization of the 
Senate of the Forty-seventh Congress 
was necessary. This displayed an extra- 
ordinary state of things. For the first 
time the two great parties, Republican 
and Democratic, were equally divided in 
that body. A "dead-lock," as it was 
called, lasted for several weeks, which 
was finally compromised by the division 
of the offices and the composition of the 
committees. Soon, however, a serious 
trouble arose in the Republican party in 
that body. A bitter strife sprang up be- 
tween Republican leaders, which pro- 
longed the session for several weeks, 
and caused a breach never, perhaps, to 



be healed. The President sent in the 
name of William H. Robertson for the 
collectorship of the port of New York. 
This was decidedly and bitterly opposed 
by Senator Conkling, chiefly upon the 
grounds that the Republican Senators 
from New York, himself and Mr. Piatt, 
had not been consulted or conferred 
with by the President on this nomina- 
tion, and that Robertson was exceed- 
ingly obnoxious to them and to a 
majority of the Republican party in 
New York. This majority took the 
name of " Stalwarts." They, with Sen- 
ator Conkling at their head, with Vice- 
President Arthur, had been the unyield- 
ing supporters of Grant at the Chicago 
Convention. Robertson, the newly 
nominated collector, had bolted the 
unity rule in that convention and had 
voted for Mr. Blaine. When the contest 
became fierce, and Senator Conkling 
saw that the President would succeed in 
carrying the confirmation of Robertson 
over his protest, he, with Mr. Piatt, his 
colleague, resigned, and Messrs. Miller 
and Lapham were elected in place of 
Conkling and Piatt. After their retire- 
ment, Robertson was confirmed. A deep 
and wide split took place in the Repub- 
lican party not only in the State of 
New York, but throughout the country. 
Bitter and acrimonious criminations and 
recriminations were indulged in on both 
sides. 

Soon after the entry of Mr. Postmaster 
James upon his office, he discovered, as 
he believed, great frauds in certain con- 
tracts for carrying the mail in what are 
known as the " Star Routes." Many 
persons of eminence, including Second 
Assistant Postmaster General Thomas 
J. Brady, were implicated in these 
charges. It was determined in cabinet 
councils, unanimously, to have prosecu- 



THE ADMIXISTRATION OF GARFIELD A. YD ARTHUR. 



897 



tions instigated against those supposed 
to be guilty, and the Attorney General 
commenced proceedings with that view 
and end. This increased newspaper 
denuciations against the new adminis- 
tration. The most inflammatory arti- 
cles appeared in many papers. 

Meantime, the President had been 
greatly afflicted by the serious illness of 
Mrs. Garfield. Soon after the inaugura- 
tion she was attacked with a malarial 
fever of a typhoid character, which ren- 
dered her condition almost hopeless for 
weeks. In the latter part of June, how- 
ever, she was able to go to Long Branch, 
wher * she soon rapidly improved. 

It was in this state of things when the 
pressing business was off the hands of 
the President, on the 2d of July, that he 
proposed to visit Mrs. Garfield, at Long 
Branch, and thence go on and be present 
at the commencement exercises of his 
Alma Mater, Williams College, Massa- 
chusetts. 

Several members of his cabinet, Sec- 
retary Windom, Secretary Hunt, and 
Postmaster-General James, and a consid- 
erable party of friends, with quite a 
number of ladies, were to go with 
him on this tour. They were to go 
on the Baltimore and Potomac railroad, 



in-arm through the ladies' saloon, a pis- 
tol-shot was heard in the rear. A ball 
struck the upper part of the President's 
arm without inflicting any serious wound. 
The President and Mr. Blaine imme- 
diately turned to look to where the 
sound of the pistol-shot came from, when, 
ere they could see, the fire was repeated, 
and the ball from the second shot struck 
the President in the back near the spinal 
column in the region of the kidneys. He 
fell heavily on the floor. Mr. Blaine 
was thoroughly shocked by the sudden 
event. He called loudly for help. He 
wished assistance for the President, and 
also to have the perpetrator of the deed 
arrested and secured. The President 
lay bleeding on the floor. Few could 
realize what had occurred. Mr. Win- 
dom, Mr. Hunt, and Mr. James, upon 
hearing the alarm, had hastened to the 
scene. The person who had fired the 
shots was arrested before he got out of 
the saloon at the B street entrance to the 
depot. It turned out that he had a hired 
hack awaiting him there to carry him to 
the Congressional Cemetery, but officer 
Kearney and policeman Parks seized 
him and held him, and prevented him 
from reaching his hack. He brandished 
his pistol and flourished a sealed letter, 



and to take the limited express train to and shouted in a most boisterous man- 
New York, which was to leave at 9.30 . ner, "Arthur is President of the United 
in the morning. Mr. Blaine, the Secre- | States now. I am a Stalwart. This 
tary of State, accompanied the Presi- letter will tell you everything. I want 
dent to the depot. They arrived there you to take it to General Sherman." 
at 9.20, ten minutes before the train was ! The pistol was taken from him by the 



to start. They got out of the carriage 
on B street, at the north entrance to 
the depot. Mr. Blaine was not to be of 
the New England party, but was simply 
accompanying the President to the car, 
where those members of the cabinet and 
others who were to be of the party were 
already seated ; but as they passed arm- 
57 



officers. It was "what is known as the 
five-barrelled British Bull-dug pattern, 
of 44 calibre, with a white bone handle." 
It was found that three of the loads were 
undischarged, and it was also found from 
papers in his possession, and the letter 
which he so frantically flourished, that 
his name was Charles Guiteau. The 



8g8 



HISTORY OF THE UNITED STATES. 



Book IT., t 37 



letter to General Sherman was in the 
following words : 

"To General Sherman: — I have just 
shot the President. I shot him several 
times, as 1 wished him to go as easily as 
possible. His death was a political ne- 
cessity. I am a lawyer, theologian and 
politician. I am a Stalwart of the Stal- 
warts. I was with General Grant and 
the rest of our men in New York during 
the canvass. I am going to the jail. 



of the District of Columbia, and Major 
William G. Brock, Chief of Police. I 
don't know the writer, never heard of or 
saw him to my knowledge, and hereby 
return it to the keeping of the above- 
named parties as testimony in the case. 
" W. T. Sherman, General/' 
The following letter was also taken 
from the prisoner at police headquarters: 

"July 2, 1SS1. 

"To the White House: — The Presi- 




TIIE ASSASSINATION OF PRESIDENT GARFIELD. 



Please order out your troops and take 
possession of the jail at once. 
"Very respectfully, 

" Charles Guiteau." 
On receiving the above, General Sher- 
man gave it the following endorsement : 

Headquarters of the Army, 
"Washington, I). C, July z, 1S81 — 1 1.35 a. m. 

"This letter . . . was handed me this 

minute by Major William J. Twining, 

United States Engineers, Commissioner 



' dent's tragic death was a sad necessity 
but it will unite the Republican party 
and save the Republic. Life is a flimsy 
dream, and it matters little when one 

J goes. A human life is of small value. 
During the war thousands of brave boys 

j went down without a tear. I presume 
the President was a Christian, and that 
he will be happier in Paradise than here. 
Tt will be no worse for Mrs. Garfield, 
dear soul, to part with her husband this 



THE ADMINISTRATION OF GARFIELD AND ARTHUR. 



8 99 



way than by natural death He is liable 
to go at any time, any way. I had no ill- 
will toward the President. His death 
was a political necessity. I am a lawyer, 
a theologian, and a politician. I am a 
Stalwart of the Stalwarts. I was with 
General Grant and the rest of our men in 
New York during the canvass. I have 
some papers for the press which I shall 
leave with Bvron Andrews and his co- 



was also soon known that the perpetrator 
of the deed had been arrested, and was 
hurried off to jail to prevent his being 
lynched by an enraged multitude. The 
wires carried the same consternation 
throughout the length and breadth of the 
Union, as well as to foreign nations. 

In the meantime, the suffering Presi- 
dent received every attention that could 
be given. He was borne as soon as pos- 




DEATH-BED OF PRESIDENT GARFIELD. 

journalists, at 1420 New York avenue, sible to the executive mansion, wheie 

where all the reporters can see them. lam many eminent surgeons of the country 

going to the jail. were soon summoned to his bedside. 

"Charles Guiteau." n permanent relief was given. The 

The whole city was thrown into the ball was not removed nor found. He 

greatest consternation and agitation when continued to suffer and languish for 

swift-winged rumor bore the news weeks. His physicians thought it best 

through every street and avenue, that to remove him to Long Branch. Suit- 

the President had been assassinated ! It able and comfortable arrangements were 



900 



WIS TORY OF THE UNITED STATES. 



Book II., c. 37 



made for his travel from the White 
House to Francklyn Cottage, at Elberon, 
at that place, and his travel was success- 
fully performed on the 6th of September. 
Here he continued to linger and lan- 
guish, with intervals of hopeful improve- 
ment, until he suddenly grew worse on 
the 1 8th, and finally expired quietly 
after great pain, at 10.35 p. If., on the 
19th of September. He was surrounded 
by his physicians and friends. Mrs. 
Garfield, with an heroic fortitude seldom 
witnessed, was at his bedside. 

On the 20th of September an autopsy 
was held upon the body by the surgeons 
who had been in attendance on the Presi- 
dent, assisted by several others. The 
following is their official statement of the 
causes of the President's death : 

" By previous arrangement a post- 
mortem examination of the body of 
President Garfield was made this after- 
noon, in the presence and with the 
assistance of Drs. Hamilton, Agnew, 
Bliss, Barnes, Woodward, Reyburn, An- 
drew H. Smith, of Klberon, and Acting- 
Assistant Surgeon D. S. Lamb, of the 
Army Medical Museum, Washington. 
The operation was performed by Dr. 
Lamb. It was found that the ball, after 
fracturing the right eleventh rib, had 
passed through the spinal column in 
front of the spinal canal, fracturing the 
body of the first lumbar vertebra, driving 
a number of small fragments of bone 
into the adjacent soft parts, and lodging 
below the pancreas about two inches and 
a-half to the left of the spine and behind 
the peritoneum, where it had become 
completely encysted. The immediate 
cause of death was secondary hemor- 
rhage from one of the mesenteric arteries 
adjoining the track of the ball, the blood 
rupturing the peritoneum and nearly a 
pint escaping into the abdominal cavity. 



This hemorrhage is believed to have 
been the cause of the severe pain in the 
lower part of the chest complained of 
just before death. 

" An abscess cavity, six inches by four 
in dimensions, was found in the vicinity 
of the gall bladder, between the liver 
and the transverse colon, which were 
strongly adherent. It did not involve 
the substance of the liver and no com- 
munication was found between it and the 
wound. A long suppurating channel 
extended from the external wound, be- 
tween the loin muscles and the right 
kidney, almost to the right groin. This 
channel, now known to be due to the 
burrowing of pus from the wound, was 
supposed during life to have been the 
track of the ball. 

" On an examination of the organs of 
the chest, evidences of severe bronchitis 
were found on both sides, with broncho- 
pneumonia of the lower portions of the 
right lung, and, though to a much less 
extent, of the left. The lungs contained 
no abscesses and the heart no clots. 
The liver was enlarged and fatty, but free 
from abscesses. Nor were any found in 
any other organ except the left kidney, 
which contained near its surface a small 
abscess about one-third of an inch in di- 
ameter. 

" In reviewing the history of the case 
in connection with the autopsy it is quite 
evident that the different suppurating 
surfaces, and especially the fractured, 
spongy tissue of the vertebra, furnish a 
sufficient explanation of the septic con- 
dition which existed. 



" D. W. Buss. 

"J. K. Barnes. 
"J- J- Woodward. 
" Robert Reyburn. 



"Frank II. Hamilton. 
" D. Hayes Agnew. 
"Andrew H. Smith. 
" D. S. Lamb." 



The same writer from whom we have 
heretofore quoted so copiously says : 



THE ADMINISTRATION OF GARFIELD AND ARTHUR. 



9OI 



"The arrangements for the funeral 
were prepared under the supervision of 
the Attorney-General, Hon. Wayne Mac- 
Veagh. It was decided to leave Elberon 
on the morning of the 21st, on the special 
train that had brought the President and 
his family to Long Branch. Upon reach- 
ing Washington the remains were to be 
conducted to the Capitol, where they 
were to lie in state in the rotunda until 
the 23d, when the same special train 
would convey them direct to Cleveland, 



took a farewell look at mortal remains. 
Two lines of artillerymen reached from 
the Elberon porch to the drive-way under 
the Francklyn Cottage, but they were far 
enough apart to allow the crowd to pass 
comfortably along. The body lay on a 
bier in the parlor, and the entrance was 
made through the drive-way by turning 
to the right and, after passing the remains, 
turning to the left and going out the great 
door in the east front. The church bells 
tolled, meanwhile, and the occasion was 




FRANCKLYN COTTAGE — THE HOUSE IN WHICH PRESIDENT GARFIELD DIED. 



Ohio, there to remain in state until Mon- 
day, the 26th, when they would be buried 
in Lake View Cemetery, the spot chosen 
for the interment. 

"The morning of the 21st saw the 
people of Elberon and its vicinity astir 
at an early hour. They'came from every 
direction and in all sorts of vehicles. 
There must have been 2,000 of them by 
8.30, when the doors were opened, and a 
more quiet, orderly congregation never 



an exceedingly impressive one. Two 
sentries stood at the entrance of the 
parlor in order to see that there was no 
pushing and that but one person went in 
at a time. Nobody was allowed to stop, 
but simply glanced at the face of the 
dead President on the way through the 
room. A soldier stood at the foot and 
another at the head of the casket. The 
casket was a massive one, but unpreten- 
tious in appearance. It was covered with 



902 



HISTORY 0E THE UXITED STATES. 



Bcxm II , c. 27 



a rich black cloth, and with the exception of the Cabinet and their wives took scats 
of heavy silver mountings, was entirely in the second coach. The following 



plain. It had a satin lining across the 
top, and from the foot of the casket up- 
wards extended two long sago palm 
leaves. On the lid was a silver plate 
containing the following inscription : 

"JAMES ABRAM GARFIELD, 

" Horn November 19th, 1831. 

" Died, President of the United States, September 

19th, 1881. 

"At half-past nine Chief-Justice Waite, 
Secretary and Mrs. Blaine, Secretary and 
Mrs. Windom, Secretary and Mrs. Hunt, 
Postmaster-General and Mrs. James, and 
Secretaries Lincoln, Kirkwood and At- 
torney-Geiural MacVeagh arrived at the 
cottage. There were present, besides 
the family and attendants, the members 
of the Cabinet and their wives and a few 
personal friends, not more than fifty in 
all. When the time for the solemnities 
was announced, the doors and windows 
were closed and all sounds were hushed. 
The services were conducted, at Mrs. 
Garfield's request, by the Rev. Charles 
J. Young, the pastor of the Reformed 
Church at Long Branch. As it was nec- 
essary to be prompt at the depot, only 
five minutes could be occupied by the 
clergyman. Mr. Young read a few ap- 
propriate passages from the Scriptures 
relating to death and resurrection, and 
then offered a touching prayer. 

" As soon as the prayer was ended 
Mrs. Garfield, heavily veiled, accompa- 
nied by her son Harry, passed from the 
cottage to the train and entered the first 
coach. She exhibited the same fortitude 
which has been so characteristic all 



persons comprised the rest of the party 
on the train : Private Secretary J. Stanley 
Brown, Executive Clerk Warren S. 
Young, John K. Van Warmer, Chief 
Clerk Post- Office Department; John 
Jameson, Railway Mail Service ; Ridley 
Hunt, son of the Secretary of the Navy ; 
C. F. James, son of the Postmaster-Gen- 
eral ; Mr. Jay Stone, private secretary to 
Secretary Lincoln ; Ex-Sheriff Daggett, 
Brooklyn ; of Colonel H. C. Corbin and 
Messrs. Atchinson, Rickard and the other 
attendants upon the late President and 
field during the sojourn here. 

" The casket was carried from the 
cottage by six strong men, passing 
through a guard of soldiers formed in 
parallel lines. It was placed in the third 
coach. There were five hundred people 
who stood at a respectful distance watch- 
ing the procession. The train stopped 
on the track about a quarter of a mile 
above Elberon Station and directly in 
front of the cottage. To this point tin- 
special train which brought President 
Arthur and General Grant from New 
York was run. These gentlemen left 
their train and took seats in the second 
car of the funeral train. Just before the 
start Governor Ludlow, of New Jersey, 
accompanied by a number of minor State 
officials and members of the Legislature, 
arrived on the scene ; they stood with 
uncovered heads as the train moved off. 

"The train left Elberon at 10 o'clock 
a. m., and reached Washington at 4.35 
p. M. 

"As the casket was borne to the hearse 



through these trying weeks. Miss the Marine Band, stationed across the 
Mollie Garfield and Miss Rockwell, Col- \ street, played ' Nearer, my God, to Thee,' 
onel Swaim, Colonel and Mrs. Rockwell, 'while every head was bowed and many 
Dr. Boynton and C. O. Rockwell also '■ eyes were dimmed. The sad strains of 
entered the first coach. The members the sweetly familiar hymn, the hush that 



THE ADMINISTRATION OF GARFIELD AND ARTHUR. 



9°3 



had fallen upon the scene and the grief 
mirrored on thousands of faces marked 
the picture with shadings that years can-- 
not efface from the memory of those who 
stood about the bier of the dead Presi- 
dent. 

" After the casket had been placed in 
the hearse, the remainder of the party 
entered their carriages and took place :n 
the procession. As soon as the last of 
the Presidential party had entered their 
carriages the signal was given by the 
bugle, and the military escort formed in 
line and the mournful procession started 
on its way to the Capitol in the following 
order : 

Platoon of Mounted Police. 

General Ayres and Mounted Staff. 

Washington Light Infantry and Band. 

Union Veteran Corps. 

National Rifles. 

Washington Light Guard. 

Capitol City Guard. 

United States Marine Band and Drum Corps, 50 men. 

Detachment of United States Marines. 

Second United States Artillery Band. 

Four Companies of Heavy Artillery and One Light 

Battery. 

Washington and Columbia Gmimanderies of Knights 

Templar. 

" At precisely 5.10 the head of the sad 
procession, moving around the south 
side of the Capitol, arrived at the east 
front, the arms of the military being 
reversed and the bands playing the 
Dead March. The order was then 
given to carry arms, and the troops 
came to a front face, while amid the 
muffbd beat of the drums the hearse 
and its attendant train of carriages drew 
slowly up in front of the escort. A 
hush came over the multitude, and 
heads were reverently uncovered as the 
casket was carefully lifted from the 
hearse. The officers of the army and 
navy drew up in parallel lines on either 
side of the hearse, and the Marin^ Band 



played again, with much sentiment, 
' Nearer, my God, to Thee,' as with 
solemn tread the remains of President 
Garfield were borne into the rotunda 
and placed upon the catafalque, the 
Senators and Representatives preceding 
and ranging themselves on each side of 
the dais. Close behind the casket 
walked President Arthur and Secretary 
Blaine, who were followed by Chief- 
Justice Waite and Secretary Windorn 
General Grant and Secretary Hunt, 
Secretary Lincoln and Attcrney-General 
MacVeagh, Secretary Kirkwood and 
Postmaster-General James, Col. Rock- 
well and General Swairr, and Colonel 
Corbin and Private Secretary Brown. 

"At 5.35 the lid of the casket was 
opened and the face of the late President 
was exposed to view. Noiselessly, Presi- 
dent Arthur and Secretary Blaine ap- 
proached and gazed upon the face of the 
dead, and then slowly and sadly passed 
out of the hall. A line was formed by 
Sergeant-at-Arms Bright, and one by 
one those present advanced and glanced 
at the emaciated and discolored face of 
the dead President. The public at large 
were then admitted, and hundreds of 
persons testified by their reverential 
conduct and mournful countenances the 
sorrow which they experienced in look- 
ing upon the features of their murdered 
President. 

" Three o'clock was the hour fixed for 
the funeral services. 

"It was half-past two when the pall- 
bearers, who were selected by Mrs. Gar- 
field from the members of their little- 
church on Vermont avenue, entered and 
took their seats. They were followed 
by the judges of the Supreme Court, 
Colonel Corbin, Dr. Boynton, Private 
Secretary Brown and the other White 
House people, with their ladies. A few 



go 4 



HISTORY OS THE UNITED STATES. 



Book II , c. 37 



minutes later the Philharmonic Society, 
to the number of twenty-five or thirty, 
came in. standing near the bier. Then 
came the members of the House and 
next the senators, by their respective 
doors, and these were immediately fol- 
lowed by a delegation from Philadelphia. 
The greatest interest was apparently 
awakened when General Grant and ex- 



occupied. The funeral ceremonies be- 
gan exactly at three o'clock and were 
very impressive. The ceremonies were 
opened with the hymn, 'Asleep in Jesus,' 
beautifully rendered by the volunteer 
choir. Rev. Dr. Rankin then ascended 
the raised platform at the head of the 
catafalque and read in a clear, distinct 
voice a number of selections from the 




PRESIDENT GARFIELD LYING IN STATE IN THE ROTUNDA OF THE CAPIT<>L. 

President Hayes entered. They came Scriptures, which were listened to with 

from the Senate side arm-in-arm, and breathless attention. Rev. Dr. Isaac 

as they entered, the entire audience Errett then offered an impressive prayer, 

to their feet. Following the dis- As the closing words of the prayer died 

tinguished pair came President Arthur, away, the Rev. T. D. Power, of the Ver- 

leaning on die arm of the Secretary of mont avenue Christian Church, of which 

State. President Garfield was a member, deliv- 

"A f . three o'clock every seat was filled crcd a feeling address. At the conclu- 

and all available standing room was sion of Dr. Power's address Rev. J. G. 



THE ADMINISTRATION OF GARFIELD AND ARTHUR. 



00$ 



Butler offered prayer and the ceremonies 
were over. 

" The procession was not so long, 
but it was a funeral procession and 
consumed an entire hour in reach- 
ing the depot, a third of a mile away. 
Passing between thousands packed 
densely against the ropes, it was a most 
remarkable and striking journey. Every 
head was uncovered as they passed. 
Not a sound was heard, save the occa- 
sional clash of a hoof upon the iron 
tramway and the low funeral dirge of 
the band. 

"At the depot the scene was brief, and 
when the coffin was borne from the 
hearse it was quickly ended. 

"The train left Washington at 5.16 
p. m., an hour behind time. It was fol- 
lowed by a second train at 5.24, bearing 
a number of members of the two Houses 
of Congress and other distinguished per- 
sonages, and was known as ' the Con- 
gressional Train.' It kept about twenty 
minutes behind ' the Funeral Train ' 
throughout the journey. 

"All along the route immense crowds 
gathered at the stations. From the mo- 
ment the ' Funeral Train* left Washing- 
ton until its arrival at Cleveland, it passed 
through a steady line of people. At 
every station they gathered by the thou- 
sands, and in the fields and along the 
tracks they stood with heads uncovered, 
until the train, covered with crape, 
whizzed by them. The expressions of 
grief were universal. Hardly a house 
along the entire route that was not cov- 
ered with emblems of mourning. On 
every hand flags at half-mast and droop- 
ing crape told of the sorrow in every 
heart Whenever the train entered a 
town the church-bells tolled, and in 
many places flowers were strewn upon 
the track. The first great demon- 



stration after leaving Washington was 
E.t Baltimore, where several thousand 
people gathered and reverentially un- 
covered to the train of mourning. 
Along the line of the Northern Cen- 
tral railroad to Harrisburg great 
crowds of people gathered at every 
station. The crowds usually remained 
until the Congressional train had also 
passed. 

"Pittsburgh depot was reached at 
six o'clock. Dense throngs of people 
gathered in various parts of the city to 
see it pass. When the train came to a 
stop to change engines, an elegant pil- 
low of flowers was taken into the funeral 
car and placed upon the coffin. All 
the people about the station remained 
with uncovered heads, and the fire-alarm 
central bell and the various ones on the 
churches of the city tolled a morning re- 
quiem. The train passed through Alle- 
gheny without stopping and through the 
park, where fully fifteen thousand persons 
had gathered, including several posts of 
the Grand Army of the Republic, who 
lowered their colors as the cars went by. 
Many ladies were in the throng, and 
these had brought flowers, which were 
laid on the track for a quarter of a mile. 
From a rustic bridge crossing the tracks 
flowers were also dropped upon the 
cars as they passed beneath. The crowd 
was as silent as the funeral itself, 
and the signs of grief and affection 
were everywhere apparent. At the Alle- 
gheny outer depot two cars containing 
the committee having in charge fune- 
ral arrangements at Cleveland, who ar- 
rived last evening, were attached to the 
train. 

"As the two trains steamed west from 
Pittsburgh the crowds at the way-stations 
grew larger. The Grand Army of the 
Republic, in line at Rochester, Pa, saluted 



906 



HISTORY OF THE UNITED STATES. 



Book II., C. 37 



each train as it passed, while the sur- like the delta streams of a river whose 
rounding crowd stood with uncovered waters are separated by a thousand little 
heads. The funeral train arrived at | islands, and go rushing and bounding in 
Cleveland at 1.30 p. M. on the 24th of different directions until they encounter 
September. the swell of the ocean, when their iden- 

" Grand preparations had been made tity is lost, 
at Cleveland for the reception of the j " Monday, September 26th, the day 
funeral party. Long before its arrival appointed for the public funeral of Presi- 
there was not standing room on the 1 dent Garfield, came in bright and clear. 

" The services began 
promptly at 10.30. Dr. 
J. P. Robinson, president 
of the ceremonies, arose, 
and, amid the most pro- 
found silence, announced 
Beethoven's ' Funera' 
Hymn,' which was finely 
rendered by the Cleve- 
land Vocal Society. At 
its conclusion Bishop Be- 
dell, of the Episcopal 
diocese of Ohio, read se- 
lections from the Scrip- 
tures, beginning with the 
fourteenth chapter of Job. 
Rev. Ross C. Houghton, 
pastor of the First M. E. 
Church, followed with a 
fervent prayer. It was 
short and impressive. 
After the Vocal Society 
had sung ' To Thee, O 
Lord, I yield my spirit,' 
Rev. Isaac Errett, ot Cin- 
cinnati, delivered an elo- 
quent address, taking for 
ground nor on the house-tops within an ' his text the following: 'And the archers 
eighth of a mile of Euclid Avenue Sta- shot King Josiah, and the King said to 
tion. Pen is inadequate to describe his servants, have me away, for I am 
the great wavering, crowded gathering sore wounded,' etc. 

of human beings about the depot, on the " Immediately after the completion of 
sidewalks, in the streets, in windows and the religious ceremonies, the coffin was 
on the roofs. The intersection of the removed from the catafalque to the fu- 
avenues looked like a great sea of heads; neral car ; this occupied fifteen minutes 
the side-streets poured in their portion, , time. A corps of United States marines 




MRS. I.UCRKTIA K. GAR FIELD. 



THE ADMINISTRATION OF GARFIELD AND ARTHUR. 



907 



from the United States steamer Michigan 
formed parallel lines from the east side 
of the pavilion to the east entrance to the 
Park, through which the casket was 
borne on the shoulders of the United 
States artillerymen, under command of 
Lieutenant Weaver, Second United 
States Artillery, to the funeral car, fol- 
lowed by the mourners, who took seats 
in carriages. 

" The procession occupied two hours 
and a quarter in passing a given point. 
It was about four miles in length. At 
3.30 it entered the gateway of the 
cemetery, which was arched over with 
black, with appropriate inscriptions. On 
the keystone were the words, ' Come to 
Rest;' on one side were the words, ' Lay 
him to rest whom we have learned to 
love;' upon the other, ' Lay him to rest 
whom we have learned to trust.' A 
beautiful hymn was rendered by the 
German singing societies ; President Hins- 
dale, of Hiram College, pronounced the 
benediction, and the last sad rites over 
James A. Garfield, the martyr President, 
were completed. The procession re- 
formed at the cemetery and marched 
back to the city in the same order that 
it started from the catafalque. 

" So ended the last honors the Nation 
could pay to the martyred President." 

On the night of the death of the Presi- 
dent at Elberon, the members of the 
Cabinet present joined in sending the 
following telegram to Mr. Arthur, the 
Vice-President, who was at that time in 
the city of New York : 
" Hon. Chester A. Arthur, 

" No. 123 Lexington Avenue, New York : 

" It becomes our painful duty to in- 
form you of the death of President Gar- 
field, and to advise you to take the oath 
of office without delay. If it concurs 
with your judgment we will be very glad 



if you will come down on the earliest 
train to-morrow morning. 

" William Windom, 
" Secretary of the Treasury. 
" William H. Hunt; 
" Secretary of the Navy. 
" Thomas L. James, 

" Postmaster-General. 
"Wayne MacVeagh, 

" Attorney-General. 
" L. J. Kirkwood, 
" Secretary of the Interior." 

Mr. Arthur immediately replied as fol- 
lows : 

" New York, September 19. 

" Hon. Wayne MacVeagh, 

" Attorney-General, Long Branch : 
" I have your telegram, and the intel- 
ligence fills me with profound sorrow. 
Express to Mrs. Garfield my deepest 
sympathies. 

" Chester A. Arthur." 

Mr. Arthur, as advised by Mr. Gar- 
field's Cabinet, immediately took the oath 
of office before Judge Brady, one of the 
Justices of the Supreme Court of the 
State of New York, and sent the follow- 
ing telegram to the Cabinet : 

" New York, September 20. 

" I have your message announcing the 
death of President Garfield. Permit me 
to renew through you the expression of 
sorrow and sympathy which I have al- 
ready telegraphed to Attorney-General 
MacVeagh. In accordance with your 
suggestion I have taken the oath of office 
as President before the Hon. John R. 
Brady, Justice of the Supreme Court of 
the State of New York. I will soon 
advise you further in regard to the other 
suggestion in your telegram. 

" C. A. Arthur." 

" Early on the morning of the 20th 
President Arthur left New York for Longf 



908 



HISTORY OF THE UNITED STATES. 



Book II., c 37 



Branch. He reached that place at 1.15 
p. if., and drove at once to Attorney- 
General MacVeagh's cottage. After an 
informal conference with the members 
of the Cabinet, the President walked 
over to Elberon Cottage and left a card 
of sympathy for Mrs. Garfield. He then 
returned to New York. On the 21st he 
ajiain returned to Long Branch, took 
part in the funeral ceremonies at Elberon, 
and accompanied the funeral train to 
Washington, where he became the guest 
of Senator Jones. During the remainder 
of the day and evening he remained in 
strict seclusion. 

" Early on the morning of the 22d the 
members of the Cabinet repaired" to the 
residence of Senator Jones, to call on the 
President. During the forenoon a num- 
ber of the members of the two Houses 
of Congress called to pay their respects. 
This was ended at half-past eleven, and 
a little later the President and Cabinet 
went over to the east front of the Senate 
wing of the Capilol, which they entered, 
then went directly to the room of the 
Vice-President, the magnificent marble 
chamber north of the Senate Chamber. 
When they went in, nobody outside of 
their circle who saw them seemed to 
know what was on foot. It was not until 
the Chief-Justice of the United States, 
clad in his dark robes of office, was seen 
approaching from the main corridor that 
it was gviessed that the President was 
about to go through the formality of 
taking the oath of office as President at 
the hands of the Chief-Justice, of the 
Supreme Court. This was considered 
but a formality, as Mr. Arthur had been 
sworn in New York early on Tuesday 
morning. It was thought by the Cab- 
inet, however, that it would be as well to 
follow a custom which had been estab- 
lished by having the oath administered 



by the highest judicial officer in the 
country. The scene when the oath was 
taken was impressive in the extreme. 
At the right of the President stood Sen- 
ator Jones and Speaker Sharpe, of New 
York. Ex-President Hayes was a con- 
spicuous figure well in the foreground, 
with General Grant but a few steps be- 
hind. All the Cabinet were present. Of 
the Senators there were present Hale, 
Jones, Sherman, Dawes and Anthony, 
and Representatives Hiscock, McCook, 
Townsend and others. During the cer- 
emony ex-President Hayes sat near ex- 
President Grant." 

Upon Chester A. Arthur, therefore, the 
Vice-President elect on the ticket with 
Garfield, now devolved the duties of 
President, under the Constitution. He 
thereby became the twenty-first President 
of the United States. He was born in 
Franklin county, Vermont, October 5th, 
1830, and was in the fifty-first year of his 
age at the time of his installation. Fol- 
lowing the example of Tyler, he issued 
to the people of the United States an 
Inaugural Address, which was well re- 
ceived in all parts of the country. On 
the day afterwards he issued his procla- 
mation summoning the Senate of the 
United States to meet in extraordinary 
session on the 10th of October ensuing. 
He requested the members of President 
Garfield's Cabinet to remain in the dis- 
charge of their duties, without any inti- 
mation as to the permanent organization 
of his Cabinet. They all complied with 
this request. 

In the meantime, the prosecution 
against Guiteau had been instituted in 
the Criminal Court of the District of 
Columbia. A true bill of indictment 
was found against him for the murder of 
James A. Garfield by the grand jury on 
the 8th of October. He was arraigned 



77/5" ADMINISTRATION OF GARFIELD A AD ARTHUR. 



909 



on the 14th of the same month and 
pleaded " not guilty." A full panel of 

jurors was completed on the 16th of 
November, when the trial commenced. 
Mr. George Scoville, the husband of 
Guiteau's sister, was the leading counsel 
for the defence. He filed a plea of in- 
sanity, against which Guiteau violently 
protested. Guiteau maintained that, in 
his act of killing the President, he was 
moved by Divine Inspiration and not by 
malice, and that at the time 
of his trial he was perfectly 
sane. His conduct all along 
before and after the killing 
had been most singular and 
eccentric, and his behavior 
in court from the beginning 
to the end of his trial was 
most extraordinary. The 
accuracy of his memory in 
detailing the events of the 
tragedy, his arrest and im- 
prisonment, and the con- 
tents of papers, was perfectly 
astonishing to every one. 
The trial lasted from the fj 
1 6th of November, 1881, to jj 
the 25th of January, 1882 ; | 
a full and accurate report j 
of which has been pub- | 
lished, making a volume of ^ 
several hundred pages, and i 
will hereafter be regarded f 
as one of the most re- 
markable criminal trials in the annals 
of the world. He was found guilty, 
and sentenced to be hung on the 
30th of June following. Strong efforts 

vere made for a new trial, which were 
unavailing. Then appeals were made 
for an executive pardon, which also 
were unavailing. Guiteau was hung 
in the jail in the presence of a limited 
number of spectators, on the day ap- 
pointed and in obedience to the mandate 



of the court. The daily proceedings at- 
tending this trial excited deep interest 
in this country as well as in Europe. 
Public sentiment was very much divided 
as to his mental condition and legal re- 
sponsibility. The most learned experts 
in the United States were examined as 
witnesses. These differed, some holding 
him to be insane, but the majority holding 
that he was sane and morally responsible. 
It is not improper here to present an edi- 




CHESTER A. ARTHUR. 

torial from the " Sunday Capital," Wash- 
ington, D. C., of July 2d, 1882, which, 
perhaps, sets forth the real opinion of the 
average American mind upon Guiteau 
and the assassination of Garfield as 
clearly as it has ever been expressed in 
any other quarter. After speaking of 
the horrible tragedy of the assassination 
and the execution of the perpetrator, the 
editor proceeds to say: 

" It still remains true that, so far as 



910 



HISTORY OF THE UNITED STATES. 



Book II., c. "7 



society in general is interested, the most ' 
important fact brought out by the affair 
is its peculiar, not to say alarming, de- 
velopment of the American crank. This 
term, which hardly found a place in the 
lexicon of slang a year ago, has been 
naturalized into the regular vocabulary 
by the incidents and events of Guiteau's 
trial and execution. Whether well- 
chosen or not the term has grown to be 
indispensable, and must henceforth be 
recognized as good English. It sup- 
plies, as the patent medicine vendors 
say, a want long felt, because it describes 
a class of people never before adequately 
classified ; indicating something more 
than eccentric and something less than 
lunatic. Hitherto we have had no suc- 
cinct term whereby to describe the sort 
of aberration that lies halfway between 
eccentricity and dementia, except the 
always awkward and frequently mislead- 
ing word monomania. 

" But crank fills the bill exactly. It 
is vague enough to be comprehensive, 
and specific enough to be accurate. 
And we remark with no little concern 
that the number of people in our midst 
whose mental or moral condition, or 
both, it properly describes is very great. 
Prior to the advent of Guitcau the ten- 
dency of our national mode of living to 
develop crankism had never been brought 
into general notice, for the reason that 
each crank or association of cranks was 
a local institution, famous enough in his 
or its immediate bailiwick no doubt, but 
never concentrating upon an)' one topic, 
or gravitating towards any central attrac- 
tion. Guiteau came to precipitate this 
nebulous element. He was its priest ; 
the notoriety he got made him its 
prophet and king, and his sufferings 
have at last canonized him its martyr 
and its saint. 



" Whether it was best to hang such a 
man at such a price it is not worth while 
to inquire now. The law, fortunately or 
unfortunately, takes little account of 
psychological questions, and pays little 
attention to the nice distinctions that, to 
the exact eye of science, exist between 
the various grades of aberration. 

" Therefore, having done with Guiteau, 
the question yet remains, what is to be 
done with his followers, his proselytes — 
in short, with the new denomination that 
he has been the means of establishing? 
We say ' denomination,' because the 
array of cranks has become so large that 
it must henceforth be reckoned as a 
factor in society ; the characteristics of 
the breed have been developed to the 
dignity of distinct classification ; while 
the episode of Guiteau has for the first 
time in our history given them a com- 
mon subject of interest and afforded them 
a common rallying point of faith and 
sentiment. 

" No such development has ever been 
witnessed among any other people. It 
is peculiarly American, and in our judg- 
ment could not have transpired under 
any other set of social conditions than 
those of the United States. Insanity, 
lunacy and mania in their various forms, 
exist among all peoples and are regu- 
lated according to the type of the civili- 
zation that prevails. But the crank, 
pure and simple, seems to exist nowhere 
except in this country, and even here 
society has not applied itself to the 
problem of dealing with him. This fact, 
like all other facts, has its cause. The 
crank is a product peculiar to our social 
soil and political atmosphere. Our sys- 
tem of education, whereby the average 
ambition is stimulated in excess of the 
average capacity, is one cause. Our 
modes of doing business, whereby the 



THE ADMINISTRATION OF GARFIELD AND ARTHUR. 



9 II 



average cupidity is stimulated far be- 
yond the average chance of success, is 
another cause. But the chief cause of 
all is the feverish thirst for notoriety 
which the illimitable facilities of publica- 
tion have excited ; and which seems to 
beset all classes alike, from the school- 
girl winning her first prize to the tramp 
hunting his bed under the lee of a hay- 
stack. 

" Thus we may as well look our crank 
squarely in the face, as a new addition 
to the annoyances which society must 
submit to, if not as a powerful and dan- 
gerous recruit to the classes which so- 
ciety has to regulate. The fate of Gui- 
teau will be lost upon the vast bulk of 
the class to which he belonged. To 
them, or to many of them, his trial ap- 
pears as an ovation, his life in jail as an 
entertainment, his march to the scaffold 
as a triumphal procession, and his swing 
into eternity, heralded all over the world 
by black head-lines, and described in in- 
terminable columns, as the crowning 
achievement of a life-long notoriety- 
hunter. 

" The name of these is legion. For a 
year they have been pouring into Wash- 
ington from every direction, in every 
garb and from every walk of life. They 
have been long-haired men and short- 
haired women; presidents of societies of 
cranks and members of conventions of 
cranks; men with inspirations and women 
with missions ; eccentrics, monomaniacs, 
hypochondriacs, lunatics and what not ; 
but all cranks, all more or less mischiev- 
ous and some dangerous. What is to 
be done with them ? As it is we have 
disposed of only one of them ; and it is 
by no means certain that our mode of 
disposing of him was not calculated to 
increase rather than to destroy the 
breed." 



At the called extra-executive session, 
little was done except to elect a Presi- 
dent of the Senate pro tempore, and to 
act upon the President's numerous nom- 
inations to office, in the foreign as well 
as domestic service. President David 
Davis, of Illinois, after some contest, was 
finally chosen to fill the position of Pres- 
ident of the Senate. 

Mr. Blaine, Secretary of State, had 
inaugurated a policy towards the Peru- 
vian and Chilian governments, then at 
war, and towards England, upon the 
subject of an inter-oceanic canal in Cen- 
tral America, which was not approved, 
as it was understood by President Arthur, 
and out of which grew very exciting dis- 
cussions in Congress as well as the pub- 
lic press. Mr. Blaine retired from the 
State Department, and was succeeded by 
Frederick T. Frelinghuysen, of New 
Jersey. In a short time all of Mr. Gar- 
field's cabinet retired except Robert T. 
Lincoln, at the head of the War Depart- 
ment. Charles J. Folger, of New York, 
succeeded to the Treasury Department ; 
William E. Chandler, of New Hamp- 
shire, to the Navy Department; Henry 
M. Teller, of Colorado, to the Interior 
Department; Timothy O. Howe, of Wis- 
consin, was appointed Postmaster-Gen- 
eral, and Benjamin H. Brewster, of Penn- 
sylvania, Attorney-General. 

The first regular session of the Forty- 
seventh Congress met December, 1881. 
The Senate still remained equally di- 
vided between the Democrats and the 
Republicans, with Judge Davis, the pre- 
siding officer, acting independently of 
both parties. The House of Represent- 
atives was decidedly Republican. J. 
Warren Keifer, of Ohio, was chosen 
Speaker. 

The last public honor rendered the 
martyred Chief Magistrate was the 



QI2 



II I STORY OF THE UXITED STATES. 



Book II., c. 37 



grand funeral oration in honor of his 
memory, pronounced by ex-Senator 
Blaine in the House of Representatives, 
on the 27th day of February, 1882. 
This eulogy was delivered in pursuance 
of a joint resolution, in the presence of 
both Houses of Congress, the President, 
his Cabinet, the Judges of the Supreme 
Court, Foreign Ministers, and an in:m :nse 
crowd of spectators from all parts of the 
country. It was one of Mr. Blaine's 
most elaborate and eloquent displays; 
but while it won the highest plaudits 
from some quarters, it elicited sharp 
criticisms from others. 

The most exciting questions of this 
session were the bills to regulate Chinese 
immigration, and the bill appropriating 
money to the improvement of rivers and 
harbors. The first bill upon the subject 
of the immigration of the Chinese was 
vetoed by the President. Another bill 
was prepared with such modifications as 
secured the executive approval. The 
River and Harbor bill, as it was called, 
also was vetoed by the President; but on 
reconsideration was passed over the veto 
by a two-thirds majority in both Houses. 
The tariff question was also discussed at 
great length and with unusual interest, 
but no result was attained on the subject 
except the passage of a resolution 
authorizing the appointment of a board, 
consisting of nine commissioners, to 
investigate the whole subject and re- 
port at a subsequent session of Con- 
gress. These commissioners entered 
immediately upon the work assigned 
them. 

The bill to extend for an additional 
twenty years the corporate existence of 
the national banks also passed, which 
was a measure of great importance in a 
financial point of view, especially that 
feature of it which authorized the funding 



of the 3'j per cent, bonds into 3 per 
cent. 

The first session of the Forty-seventh 
Congress brought its labors to a close on 
the 8th of August, and on the 16th, eight 
days thereafter, one of its brightest lights 
went out. Benjamin Harvey Hill, the 
senior senator of Georgia, on the morn- 
ing of that day died at his home in 
Atlanta, in the 59th year of his age. 
He entered the State Legislature early 
in life, and subsequently held many 
positions of high trust and honor, and 
filled all with distinction. He served in 
the Confederate Senate, then in the 
United States House of Representatives, 
and was in 1877 transferred to the Senate, 
where he remained until his death. He 
took an active part against the recon- 
struction measures of Congress after the 
war, and some of the ablest papers against 
the constitutionality of these measures 
were prepared by his pen. He possessed 
oratorical gifts in an eminent degree. 
In power of statement and force of 
invective he had few if any superiors. 
His death was universally lamented. 

Among the most important events 
which should be noticed in the history 
of the country in the fall and winter of 
1 88 1 -82 was the great cotton exposition 
in Atlanta, Georgia. This, in the opin- 
ion of many, fell but little short of the 
Centennial exposition of 1S76 at Phila- 
delphia. Space and time will allow no 
details. Suffice it to say, it far exceeded 
the expectations of those who projected 
it, and did more than anything ever 
before to attract general attention at 
home and abroad to the resources of the 
Southern States. 

Congress, it is believed, will publish a 
large number of extra copies of the 
report of its three months proceedings 
and exhibition. 



THE ADMIXISTRATION OF GARFIELD AXD ARTHUR. 



9*3 



We now approach the close of our 
undertaking. We have sketched the 
history of the colonies from their earliest 
settlement, through their successive 
stages of development into separate States 
and into a Federal Union, with all the 
important incidents attending their his- 
tory down to the present time. 

A kxv words will now be added. 

In conclusion : 

It has not been within the range of 
the object of this work to treat of the gen- 
eral economic statistics — social, moral, 
and intellectual — either of the Colonies 
separate, or of the States united, which 
mark the progress of Commonwealths, 
or Nations, in the scale of civilization. 

In relation to this exceedingly im- 
portant view of the subject, it must suffice 
here to state a few facts only, from which 
the grandeur of their development in 
these respects may be seen, by a glance 
at the general outlines. 

The whole area of country then, let 
it be noted, embraced within the limits of 
the States and their territories, at the 
beginning, was less than one million of 
square miles; it is now near four millions. 

There were, as we have seen, but 
thirteen States at first united in a Federal 
Unio . ; now there are thirty-eight. 

The aggregate population of the 
original thirteen Colonies, when they 
assumed the powers of separate, sove- 
reign, self-governing States, was under 
three millions, about one-half million of 
which were slaves, of the black race: the 
like aggregate population is at present 
over fifty millions, of which over six 
millions and a half arc of the same black 
or negro race, now rendered free, as one 
of the accepted results of the war betwcea 
the States. 

The regular and rapid increase of this 
aggregate population appears from the 
58 



official decennial census returns. The 
number in 1790 had reached 3,929,214. 
This number continued to increase during 
each subsequent decade as follows: In 
the year 1800 the entire population of 
the old as well as the new States that 
had then been admitted was 5,308,483. 
In the year 18 10 it was 7,239,884. In 
1820 it was 9,633,822. In 1830 it was 
12,866,020. In 1840 it was 17,069,453. 
In 1850 it was 23,191,876. In i860 
it was 31,443,321. In 1 870 it was 
38,558,371, and in 1880 it was 
50,155,783. The figures thus given 
show an increase of population un- 
equalled in the history of any country; 
but the advance during the same period 
in everything else which indicates pro- 
gress in prosperity and happiness is 
no less apparent and striking from the 
following facts: 

The tonnage of the United States 
engaged in foreign trade in 1789 was 
only a little over halfa million. In 1880 
it was over fifteen millions. 

In 1789 the exports were in value a 
little over nineteen millions of dollars; 
and the imports a little over twenty-nine 
millions. In 1880 the exports amounted 
in value to over eight hundred millions 
of dollars, and the imports not much 
under that sum. 

In 1790 the culture of cotton was just 
beginning to be 'introduced. In i860 
the production of this great staple, which 
has revolutionized the commerce of the 
world, had reached to upwards of four 
millions of bales, and constituted the 
chief article of the enormous exports at 
that period. Even since the war, in 
1870, the exports of cotton amounted in 
value to over two hundred millions of 
dollars, and constituted in value nearly 
one half the entire exports of that period. 
The increase in 1SS0 was still greater. 



9U 



HISTORY OF THE UXITED STATES. 



Book II., c 37 






In 1800 there were but about two hun- 
dred newspapers published in the United 
States. In 1880 there were, including 
political, religious, scientific, literary and 
miscellaneous, over eleven thousand, cir- 
culating in the aggregate not much under 
one billion three hundred thousand 
copies. 

In 1790 there were very few colleges 
in the United States; not many, if any, 
over a dozen. In 1880 there were, in- 
cluding male and female, not much under 
one thousand, with about one hundred 
thousand students. There were at the 
same time not much under ten millions 
of pupils at schools of a lower grade. 

Progress in religious culture and teach- 
ing, up to the same period, was not less 
marked than that in the barely intellec- 
tual training. In 1880 there were not 
less than one hundred thousand churches 
and one hundred and fifty thousand cler- 
gymen in the various denominations, with 
not less than fifteen million worshippers, 
according to their modes of faith. 

The value of real and personal prop- 
erty had, in the aggregate, during the 
same period, swelled to the amount of 
seventeen billions of dollars. 

Railroads, operated by steam-engines, 
were unknown in the world in 1825. It 
was in 1830 that the first locomotive of 
this sort ever constructed on this conti- 
nent, called the " Best* Friend," was put 
upon the South Carolina road, from 
Charleston to Hamburg. There are now 
in operation in the United States not 
less than eighty thousand miles of rail- 
roads, extending in all directions, from 
the Atlantic to the Pacific oceans, at a 
cost that would have seemed fabulous to 
the fathers of the last generation. 

The magnetic telegraph was unknown 
in the world until 1843. It now stretches, 
with its network of wires, not only over 



the entire extent of this vast countrv, 
from ocean to ocean, but across the At- 
lantic; and brings all parts of the earth 
under the influence of a power which 
acts upon the whole as if it were per- 
vaded by a common living sensorium. 
To the genius of Samuel Finley Breese 
Morse, a citizen of Massachusetts, man- 
kind is indebted for this greatest of all 
discoveries yet made, in rendering the 
abstruse laws of nature subservient to 
the cause of human progress and the 
highest attainments in civilization. 

These facts must suffice for the purpose 
stated. To go into anything like a detail 
of the instrumentalities by which such 
results have been reached — of the nu- 
merous inventions and discoveries that 
have been made — of the advances in the 
various arts and sciences — of the achieve- 
ments in agriculture and mechanical in- 
dustries — of the products of spindles, 
looms and factories — of furnaces and 
forges — of the wonders of steam in the 
shops, and on water, as well as on rail — 
of the innumerable other instruments 
of creative power, that contributed so 
much to the grand whole of public and 
private prosperity, which are apparent 
from the glance thus taken, — would re- 
quire many volumes much larger than 
the present view of the forms and nature 
of the governments of the States, and 
their political relations towards each 
other, in Federal Union, from which 
these most stupendous results have 
sprung. 

In bringing the subject to a close, it 
may be stated with confidence, that for 
nearly ninety years, from the very date 
of their thus entering into union, and up 
to the breaking out of the late most la- 
mentable war between them, no People 
in the annals of history made a more 
brilliant career in all that secures liberty, 



THE ADMINISTRATION OF GARFIELD AND ARTHUR. 



915 



prosperity, and happiness, and that adds 
dignity, power, and renown to Nations, 
than did the Peoples of the United 
States. Rome, in the acme and splendor 
of her glory, after five centuries of growth 
and development, from the expulsion of 
her Kings, did not surpass the point of 
national greatness to which these States 
had attained in less than one, from the 
time they freed themselves from the 
British Crown. Rome, the most re- 
nowned of ancient Republics, it is said 
fell at last by the weight of Empire. 
This under her system was inevitable. 
She was a single Republic. In her 
growth she did not recognize the Feder- 
ative principle. In extending her juris- 
diction over neighboring States, by not 
adopting this principle and securing the 
sovereign right of local self-government 
to all Peoples thus falling within her 
limits, but by assuming absolute domin- 
ion over them, she necessarily became a 
Centralized Empire, with ultimate des- 
potism as a necessary consequence. The 
United States, on the contrary, are 



founded on the directly opposite prin- 
ciple. They do not constitute a single 
Republic, but a Federal Republic. 
Under their system of Federative Union, 
no apprehension need arise for the safety 
and security of liberty from any extent of 
either their boundaries or their numbers. 
Now, therefore, that the chief cause 
which led to the late war between them 
is forever removed, if they shall adhere 
to the principle of the sovereign right of 
local self-government, on the part of the 
States respectively, which lies at the 
foundation of the whole fabric, then there 
is no perceived reason why they should 
not go on in a still higher career in all 
that constitutes true greatness in human 
development and achievement. But if 
this principle shall be abandoned, then 
all that is so glorious in the past and so 
hopeful in the future will, sooner or 
later, be lost in the same inevitable des- 
potism of a Consolidated Centralized 
Empire, which eventuated in the over- 
throw and destruction of the liberties of 
Rome. 



APPENDICES. 



APPENDIX A. 

Mecklenburg Declaration of Independence, 
ccpied from " Martin's History of North 
Carolina," Vol. II., Page 373. 

Resolved, That whosoever directly or indirectly 
abets or in any way, form or manner countenances 
the invasion of our rights, as attempted by the Parlia- 
ment of Great Britain, is an enemy to his country, to 
America, and the rights of men. 

Resolved, That we the citizens of Mecklenburg 
county do hereby dissolve the political bands which 
have connected us with the mother country, and ab- 
solve ourselves from all allegiance to the British 
crown, abjuring all political connection with a nation 
that has wantonly trampled on our rights and liberties 
and inhumanly shed the innocent blood of Americans 
at Lexington. 

Resolved, That we do hereby declare ourselves a 
free and independent people, are, and of right ought 
to be, a sovereign and self-governing people, under 
the power of God and the General Congress ; to the 
maintenance of which independence we solemnly 
pledge to each other our mutual co-operation, our 
lives, our fortunes, and our most sacred honor. 

Resolved, That we hereby ordain and adopt as 
rules of conduct, all and each of our former laws, and 
the crown of Great Britain cannot be considered 
hereafter as holding any rights, privileges or immu- 
nities amongst us. 

Resolved, That all officers, both civil and military, 
in this county, be entitled to exercise the same powers 
and authorities as heretofore : that every member of 
this delegation shall henceforth be a civil officer, and 
exercise the powers of a justice of the peace, issue 
process, hear and determine controversies according 
to law, preserve peace, union and harmony in the 
county, and use every exertion to spread the love 
of liberty and of country, until a more general 
and better organized system of government be es- 
tablished. ' ' 

Resolved, That a copy of these resolutions be trans- 
mitted by express to the President of the Continental 
Congress assembled in Philadelphia, to be laid before 
that body. 



APPENDIX B. 

In Congress, July &,th, 1776. 

The Unanimous Declaration of the Thirteen 
United States of America. 

When, in the course of human events, it becomes 
necessary for one people to dissolve the political bands 
which have connected them with another, and to as- 
sume, among the powers of the earth, the separate 
and equal station to which the laws of nature and of 



nature's God entitle them, a decent respect to the 
opinions of mankind requires that they should declare 
the causes which impel them to the separation. 

We hold these truths to be self-evident, that all 
men are created equal ; that they are endowed by 
their Creator with certain unalienable rights; that 
among these are life, liberty, and the pursuit of hap- 
piness. That, to secure these rights, governments 
are instituted among men, deriving their just powers 
from the consent of the governed ; that, whenever 
any form of government becomes destructive of these 
ends, it is the right of the people to alter or to abolish 
it, and to institute a new government, laying its 
foundation on such principles, and organizing its 
powers in such form, as to them shall seem most 
likely to effect their safety and happiness. Prudence, 
indeed, will dictate that governments long established 
should not be changed for light and transient causes; 
and, accordingly, all experience hath shown, that 
mankind are more disposed to suffer, while evils are 
sufferable, than to right themselves by abolishing the 
forms to which they are accustomed. But, when a 
long train of abuses and usurpations, pursuing invari- 
ably the same object, evinces a design to reduce them 
under absolute despotism, it is their right, it is their 
duty, to throw off such government, and to provide 
new guards for their future security. Such has been 
the patient sufferance of these colonies, and such is 
now the necessity which constrains them to alter their 
former systems of government. The history of the 
present king of Great Britain is a history of repeated 
injuries and usurpations, all having, in direct object, 
the establishment of an absolute tyranny over these 
States. To prove this, let facts be submitted to a 
candid world : 

He has refused his assent to laws the most whole- 
some and necessary for the public good. 

He has forbidden his governors to pass laws of im- 
mediate and pressing importance, unless suspended 
in their operation till his assent should be obtained ; 
and, when so suspended, he has utterly neglected to 
attend to them. 

He has refused to pass other laws for the accom- 
modation of large districts of people, unless those 
people would relinquish the right of representation 
in the legislature ; a right inestimable to them, and 
formidable to tyrants only. 

He has called together legislative bodies at places 
unusual, uncomfortable, and distant from the deposi- 
tory of their public records, for the sole purpose of 
fatiguing them into compliance with his measures. 

He has dissolved representative houses repeatedly, 
for opposing, with manly firmness, his invasions on 
the rights of the people. 

He has refused, for a long time after such dissolu- 
tions, to cause others to be elected ; whereby the legis- 
lative powers, incapable of annihilation, have returned 
to the people at large for their exercise; the State 

(9»7) 



ATPEXDIX B.— DECLARATION OF INDEPENDENCE. 



918 

remaining, in the meantime, exposed to all the 
danger of invasion from without, and convulsions 
within. 

He has endeavored to prevent the population of 
these Stales; for that purpose obstructing the Laws for 
naturalization of foreigners; refusing to pass others 
to encourage their migration hither, and raising the 
conditions of new appropriations of lands. 

He has obstructed the administration of justice, by 
refusing his assent to laws for establishing judiciary 
powers. 

He has made judges dependent on his will alone 
for the tenure of their offices and the amount and 
payment of their salaries. 

He has erected a multitude of new offices, and sent 
hither swarms of officers to harass our people and eat 
out their substance. 

He has kept among us, in times of peace, standing 
armies, without the consent of our legislature. 

He has affected to render the military independent 
of, and superior to, the civil power. 

He has combined, with others, to subject us to a 
jurisdiction foreign to our constitution and unac- 
knowledged by our laws ; giving his assent to their 
acts of pretended legislation : 

For quartering large bodies of armed troops 
among us : 

For protecting them, by mock trial, from punish- 
ment, for any murders which they should commit on 
the inhabitants of these States: 

For cutting off our trade with all parts of the 
world : 

For imposing taxes on us without our consent: 

For depriving us, in many cases, of the benefits of 
trial by jury : 

For transporting us beyond seas to be tried for 
pretended offences: 

For abolishing the free system of English laws in 
a neighboring province, establishing therein an arbi- 
trary government, and enlarging its boundaries, so as 
to render it at once an example and fit instrument 
for introducing the same absolute rule into these 
colonies: 

For taking away our charters, abolishing our most 
valuable laws, and altering, fundamentally, the pow- 
ers of our governments : 

For suspending our own legislatures, and declar- 
ing themselves invested with power to legislate for 
us in all cases whatsoever. 

He has abdicated government here, by declaring 
us out of his protection, and waging war against us. 

He has plundered our seas, ravaged our coasts, 
burnt our towns, and destroyed the lives of our 
people. 

He i>, at this time, transporting large armies of for- 
eign mercenaries to complete the works of death, 
desolation, and tyranny, already begun, with circum- 
stances of cruelty and perfidy scarcely paralleled in 
the most barbarous ages, and totally unworthy the 
head of a civilized nation. 

He has constrained our fellow-citizens, taken cap- 
tire on the high seas, to bear arms against their 
country, to become the executioners of their friends 
and brethren, or to fall themselves by their hands. 

lie has excited domestic insurrections amongst 
us, and has endeavored to bring on the inhabitants 
of our frontiers the merciless Indian savages, whose 
known rule of warfare is an undistinguished destruc- 
tion of all ages, sexes and conditions. 

In every stage of these oppressions, we have pe- 



titioned for redress, in the most humble terms; our 
repeated petitions have been answered only by re- 
peated injury. A prince, whose character is thus 
marked by every act which may define a tyrant, is 
unfit to be the ruler of a free people. 

Nor have we been wanting in attention to our 
British brethren. We have warned them, from time 
to time, of attempts made by their legislature to ex- 
tend an unwarrantable jurisdiction over us. We 
have reminded them of the circumstances of our 
emigration and settlement here. We have appealed 
to their native justice and magnanimity, and we 
have conjured them, by the ties of our common 
kindred, to disavow these usurpations, which would 
inevitably interrupt our connections and correspond- 
ence. They, too, have been deaf to the voice 
of justice and consanguinity. We must, therefore, 
acquiesce in the necessity, which denounces our 
separation, and hold them, as we hold the rest of 
mankind, enemies in war, in peace, friends. 

We, therefore, the Representatives of the UNITED 
States of America in General Congress as- 
sembled, appealing to the Supreme Judge of the 
World for the rectitude of our intentions, do, in the 
name, and by the authority of the good people of 
these colonies, solemnly publish and declare, that 
these United Colonies are, and of right ought to be, 
free and Independent States; that they are absolved 
from all allegiance to the British crown, and that all 
political connection between them and the state of 
Great Britain, is, and ought to be, totally dissolved, 
and that, as Free and Independent States, they 
have full power to levy war, conclude peace, con- 
tract alliances, establish commerce, and to do all 
other acts and things which INDEPENDENT States 
may of right do. And for the support of the declar- 
ation, with a firm reliance on this protection of 
Divine Providence, we mutually pledge to each 
other, our lives, our fortunes, and our sacred honor. 

The foregoing declaration was, by order of Con- 
gress, engrossed, and signed by the following 
members : 

John Hancock. 



NEW HAMPSHIRE. 

Josiah Bartlett, 
William Whipple, 
Matthew Thornton. 



RHODE ISLAND. 

Stephen Hopkins, 
William Ellery. 

CONNECTICUT. 

Roger Sherman, 
Samuel Huntington, 
William Williams, 
Oliver Wolcott. 

NEW YORK. 

William Floyd, 
Philip Livingston, 
Francis Lewis, 
Lewis Morris. 

NEW JERSEY. 
Richard Stockton, 
John Wiiherspoon, 



NEW JERM V. 

Francis Hopkinson, 
John Hart, 
Abraham Clark. 

PENNSYLVANIA. 
Robert Morris, 
Benjamin Rush. 
Benjamin Franklin, 
John Morton, 
George Clymer, 
James Smith, 
George Taylor, 
James Wilson, 
George Ross. 

MASSACHUSETTS BAY. 
Samuel Adams, 
John Adams, 
Robert Treat Paine, 
Elbridge Gerry. 

DELAWARE. 

Caesar Rodney, 
George Read, 
Thomas M'Kean. 



APFENDIX C— ARTICLES OF CONFEDERATION. 



919 



MARYLAND. 

Samuel Chase, 
William Paca, 
Thomas Stone, 
Charles Carroll, 
of Carrollton. 

VIRGINIA. 

George Wythe, 
Richard Henry Lee, 
Thomas Jefferson, 
Benjamin Harrison, 
Thomas Nelson, Jr. 
Francis Lightfoot Lee, 
Carter Braxton. 



NORTH CAROLINA. 

William Hooper, 
Joseph Hewes, 
John Penn. 

SOUTH CAROLINA. 

Edward Rutledge, 
Thomas Heyward, Jr. 
Thomas Lynch, Jr. 
Arthur Middleton, 

GEORGIA. 

Button Gwinnett, 
Lyman Had, 
George Walton. 



APPENDIX C. 

Articles of Confederation and Perpetual 
Union Between the States. 

[ The following have been critically compared with 
the original Articles of Confederation in the Depart- 
ment of State, and found to conform minutely to them 
in text, letter, and punctuation. It may therefore be 
relied upon as a true copy.'] 

To all to whom these presents shall come, 
we, the undersigned delegates of the states 

AFFIXED TO OUR NAMES, SEND GREETING : — Whereas 

the Delegates of the United States of America in 
Congress assembled did on the 15th day of Novem- 
ber in the Year of our Lord 1777, and in the Second 
Year of the Independence of America agree to 
certain articles of Confederation and perpetual Union 
between the States of New Hampshire, Massachusetts 
bay, Rhode Island and Providence plantations, Con- 
necticut, New York, New Jersey, Pennsylvania, 
Delaware, Maryland, Virginia, North Carolina, 
South Carolina, and Georgia, in the words following, 
viz. : 

Articles of Confederation and perpetual 
Union retween the States of New Hamp- 
shire, Massachusetts Bay, Rhode Island and 
Providence plantations, Connecticut, New 
York, New Jersey. Pennsylvania, Delaware, 
Maryland, Virginia, North Carolina, South 
Carolina, and Georgia. 

Article I. The style of this Confederacy shall be 
" The United States of America." 

Article II. Each State retains its sovereignty, 
freedom and independence, and every power, juris- 
diction and right, which is not by this Confederation 
expressly delegated to the United States, in Congress 
assembled. 

Article III. The said States hereby severally 
enter into a firm league of friendship with each 
other, for their common defence, the security of their 
liberties, and rtieir mutual and general welfare, bind- 
ing themselves to assist each other, against all force 
offered to, or attacks made upon them, or any of 
them, on account of religion, sovereignty, trade, or 
any other pretence whatever. 

Article IV. The better to secure and perpetuate 
mutual friend.ship and intercourse among the people 
of the different States in this Union, the free inhabi- 



tants of each of these States, paupers, vagabonds and" 
fugitives from justice excepted, shall be entitled to 
all the privileges and immunities of free citizens in 
the several States; and the people of each Stale 
shall have free ingress and regress to and from any 
other State, and shall enjoy therein all the privileges 
of trade and commerce, subject to the same duties, 
impositions and restrictions as the inhabitants there- 
of respectively, provided that such restriction shall 
not extend so far as to prevent the removal of 
property imported into any State, to any other State 
of- which the owner is an inhabitant; provided also 
that no imposition, duties or restriction shall be laid 
by any State, on the property of the United States, 
or either of them. 

If any person guilty of, or charged with treason, 
felony, or other high misdemeanor in any State, shad 
flee from justice, and be found in any of the Unittd 
States, he shall upon demand of the governor or ex- 
ecutive power, of the State from which he fled, 1 e 
delivered up and removed to the State having juris- 
diction of his offence. 

Full faith and credit shall be given in each of 
these States to the records, acts and judicial proceed- 
ings of the courts and magistrates of every other 
State. 

Article V. For the more convenient manage- 
ment of the general interests of the United States, 
delegates shall be annually appointed in such manner 
as the Legislature of each State shall direct, to meet 
in Congress on the first Monday in November, in 
every year, with a power reserved to each State, to 
recall its delegates, or any of them, at any time with- 
in the year, and to send others in their stead, for the 
remainder of the year. 

No State shall be represented in Congress by less 
than two, nor by more than seven members; and no 
person shall be capable of being a delegate for more 
than three years in any term of six years ; nor shall 
any person, being a delegate, be capable of holding 
any office under the United States, for which he, or 
another for his benefit receives any salary, fees or 
emolument of any kind. 

Each State shall maintain its own delegates in any 
meeting of the Stales, and while they act as members 
of the committee of the States. 

In determining questions in the United States, in 
Congress assembled, each State shall have one vote. 

Freedom of speech and debate in Congress shall 
not be impeached or questioned in any court, or 
place out of Congress, and the members of Congress 
shall be protected in their persons from arrests and 
imprisonments, during the t me of the:, going to and 
from, and attendance on Congress, except for treason, 
felony, or breach of the peace. 

Article VI. No State without the consent of 
the United States in Congress assembled, shall send 
any embassy to, or receive any embassy from, or enter 
into any conference, agreement, alliance or treaty 
with any king, prince or State; nor shall any person 
holding any office of profit or trust under the United 
States, or any of them, accept of any present, emolu- 
ment, office or title of any kind whatever, from any 
king, prince or foreign State ; nor shall the United 
States in Congress assembled, or any of them, grant 
any title of nobility. 

No two or more Stales shall enter into any ireaty, 
confederation or alliance whatever between them, 
without the consent of the United States in Congress 
assembled, specifying accurately the purposes for 



920 



APPEXDIX C— ARTICLES OF COXFEDERATIOX. 



which the same is to be entered into, and how long 
it shall continue. 

No State shall lay any imposts or duties, which 
may interfere with any stipulations in treaties, entered 
into by the United Slates in G ingn s> assembled, with 
any king, prince or State, in pursuance i t any treaties 
already prop ised by Congress, to the courts of France 
and Spain. 

No vessels of war shall he kept up in time of 
peace by any State, except such number only as shall 
be deemed necessary In the United States in Con- 
gress assembled, for the defence of such State, or its 
trade; nor shall any body of forces he kept up by 
any Siate, in except such number only, 

as in the judgment of the United States in Congress 
assembled, shall be deemed requisite to garrison the 
forts necessary for the defence of such State; but 
every Stale shall always keep up a well-regulated 
and disciplined militia, sufficiently armed and 

id shall provide ami have constantly ready for 
use, in public stores, a due number of field-pieces 
and tents, and a proper quantity oi arms, ammunition 
and camp equipage. 

No State shall engage in any war without the con- 
sent of the United Slates in Congress assembled, un- 
Iess such State he actually invaded by enemies, 01 
shall have received certain advice of a resolution 
being formed by some nation of Indians to invade 
such State, and the danger i^ so imminent as not to 
admit of a delay, till the United Stales in Congress 
assembled can be consulted; nor shall any State 
grant commissions to any ships or vessels of war, nor 
letters ol marque or reprisal, except it he after a 
declaration oi war by the United States in Congress 
iled, and then only against the kingdom or 
Stale and the subjects thereof, against which war has 
been so declared, and under such regulations a-- shall 
he established by the United States in Congress 
assembled, unless such State he infested by pirates, 
in which case vessels of war may he lilted out for 
that occasion, and kept 50 long as the danger shall 
continue, or until the United Stales in Congress 
assembled shall determine otherwise. 

Am Kit. VII. When land forces are raised by 
any Mate for the common defence, all officers ol or 
under the rank of colonel, shall he appointed by the 
Legislature of each State respectively by whom such 
forces shall be raised, or in such manner as such 
Stite shall direct, and all vacancies shall he tilled up 
by the Stale which first made the appointment. 

ARTN I i \ 111. Ail charges of war, and all other 
expenses that shall he incurred for the common de- 
fence or general welfare, and allowed by the United 
States in Congress assembled, shall be defrayed out 
of a con mi on irea my, which shall he supplied by the 

several States, in proportion to the value of all land 
within each State, granted to or surveyed for any 
person, as such l.md and the buildings and improve- 
ments thereon shall be estimated, according to such 

mode as the United Stales in Congress assembled 

shall, from time to time, direct and appoint. The 
' in- paying that proportion shall be laid and 

levied by the authority and direction of the Legisla- 
tures oi die several States within the time agreed 
upon by the United States in Congress assembled. 

Article IX. 'The United Siau-s m Congress 
assembled, shall have the sole ami exclusive right 
and power of determining on pe..cc and war, except 
in the cases mentioned u. the sixth article — of send- 
ing and receiving ambassadors — entering into treaties 



and alliances, provided that no treaty of commerce 
shall be made wherebv the legislative power ol 
the respective States shall be restrained Iron) impos- 
ing such imposts and duties on foreigners, BS iheir 

own people are subjected to, or from prohibiting the 

exportation or importation of any species ol go 
commodities whatsoever — of estabii-shing rules for 
deciding in all cases, what captures on land or 
water shall be legal, and in what manner prizes taken 
by land or naval forces in the service of the United 
Mates shall be divided or appropriated — of granting 
letters of marque and reprisal in times of peace — 
appointing courts for the trial of piracies and felonies 
committed on the high seas, aud establishing courts 
lor receiving and determining finally appeals in ail 
cases of captures, provided that no member ol ( 00- 
gress shall be appointed a judge of any of the said 
courts. 

The United States in Congress assembled shall 
also be the last resort on appeal in all disputes and 
differences now subsisting or that hereafter may arise- 
between two or more Slates concerning boundary, 
jurisdiction or any other cause whatever; which 
authority shall always be exercised in the manner 
following. Whenever the legislative or executive 
authority or lawful agent of any State in controversy 
with another shall present a petition to Congress, 
stating the matter in question and praying for a hear- 
ing, notice thereof shall be given by order of Con- 
gress to the legislative or executive authority of the 
other State in controversy, and a day assigned for the 
appearance of the parties by their lawful agents, who 
shall then be directed to appoint by joint consent. 
Commissioners or judges to constitute a court for 
hearing and determining the matter in question : but 
if they cannot agree, Congress shall name three per- 
sons out of each ol the United States, and from the 
list of such persons each party shall alternately strike 
out one, the petitioners beginning, until the number 
shall be reduced to thirteen ; and from that number 
not less than seven, nor more than nine names, as 
Congress shall direct, shall in the presence ol Con- 
gress be drawn out by lot, and the persons whose 
names shall be so drawn, or any five of them, shall be 
commissioners oi judges, to hear and finally determine 
the controversy, so always as a major part of the 

judges who shall hear the cause shall agree in the 
determination: and if either party shall neglect to 
attend at the day appointed, withoul showing i, 
which Congress shall judge sufficient, or being 
present shall refuse to strike, the Congress shall pro 
ceed to nominate three persons out ol each State, 
and the secretary ol Congress shall strike in behall ol 
such party, absent or refusing; and the judgment 
and sentence of the court to be appointed, in the 
manner before prescribed, shall be final and conclu- 
sive; and if any of the parties shall refuse to submit 
to the authority of such court, or to appear or defend 
their claim or cause, the court shall nevertheless pro- 
vince sentence, or judgment, which shall 
in like manner be final ami decisive, the judgment or 
sentence and other proceedings being in either Case 
transmitted to Congress, and lodged among the acts 
of Congress for the security of the parties concerned; 
provided, that, every commissioner, before he sits m 

judgment, shall take an oath to be administered by 
one of the judges ol the supreme or superior court cl 
die Stale, wdiere the cause shall be tried, "well and 
truly to hear and determine the matter m question, 
according to the best ol his judgment, without favor, 



I 



APPENDIX C— ARTICLES OE CONFEDERATION. 



921 



affection or hope of reward:" provided, also, that no 
State shall lie deprived of territory for the benefit of 
the United Stales. 

All controversies concerning the private right of 
soil claimed under different grants of two or more 
States, whose jurisdiction as they may respect such 
lands, and the States which passed such grants are 
adjusted, the said grants or either of them being at 
the same time claimed to have originated antecedent 
to such settlement of jurisdiction, shall on the petition 
of either party to the Congress of the United States, 
lie finally determined as near as may be in the same 
manner as is before prescribed fur deciding disputes 
respecting territorial jurisdiction between different 
States. 

The United States in Congress assembled shall 
also have the sole and exclusive right and power of 
regulating the alloy and value of coin struck by their 
own authority, or by that of the respective States — 
fixing the standard of weights and measures through- 
out the United States — regulating the trade and man- 
aging all affairs with the Indians, not members of 
any of the Slates, provided that the legislative right 
of any State within its own limits be not infringed or 
violated — establishing or regulating post-offices from 
one State to another, throughout all the United States, 
and exacting such postage on the papers passing 
through the same as may be requisite to defray the 
expenses of the said office— appointing all officers of 
the land forces, in the service of the United Slates, 
excepting regimental officers — appointing all the 
officers of the naval forces, and commissioning all 
officers whatever in the service of the United States 
— making rules for the government and regulation 
of the said land and naval forces, and directing their 
operations. 

The United States in Congress assembled shall 
have authority to appoint a committee, to sit in the 
recess of Congress, to be denominated "A committee 
of the States," and to consist of one delegate from 
each State; and to appoint such other committees 
and civil officers as may be necessary for managing 
the general affairs of the United States under their 
direction — to appoint one of their number to preside, 
provided that no person be allowed to serve in the 
office of president more than one year in any term 
of three years ; to ascertain the necessary sums of 
money to be raised for the service of the United 
States, and to appropriate and apply the same for 
defraying the public expenses — to burrow money, or 
emit bills on the credit of the United Slates, trans- 
muting every half year to the respective States an 
account of the sums of money so borrowed or 
emitted — to build and equip a navy — to agree upon 
the number of land forces, and to make requisitions 
from each State for its quota, in proportion to the 
number of white inhabitants in such State; which 
requisition shall be binding, and thereupon the 
Legislature of each Stale shall appoint the regi- 
mental officer-, raise the men and clothe, arm and 
equip them in a soldier-like manner, at the expense 
of the United States; and the officers and men so 
clothed, armed and equipped shall march to the 
place appointed, and within the lime agreed cm by 
the United Slates in Congress assembled : But if the 
United States in Congress assembled shall, on con- 
sideration of circumstances judge proper that any 
State should not raise men, or should raise a smaller 
number than its quota, nnd that any other State 
should raise a greater number of men than :he quota 



thereof, such extra number shall be raised, officered, 
clothed, armed and equipped in the same manner as 
the quota of such State, unless the Legislature of such 
State shall judge that such extra number cannot be 
safely spared out of the same, in which case thtv 
shall raise officer, clothe, arm and equip as many of 
such extra number as they judge can be safely spared. 
And the officers and men so clothed, armed and 
equipped, shall march to the place appointed, and 
within the time agreed on by the United States in 
Congress assembled. 

The United Stales in Congress assembled shall 
never engage in a war, nor grant letters of marque 
and reprisal in time of peace, nor enter into any 
treaties or alliances, nor coin money, nor regulate 
the value thereof, nor ascertain the sums and ex- 
penses necessary for the defence and welfare of the 
United States, or any of them, nor emit bills, nor 
borrow money on the credit of the United States, 
nor appropriate money, nor agree upon the number 
of vessels of war, to be built or purchased, or the 
number of land or sea forces to be raised, nor appoint 
a commander-in-chief of the army or navy, unless 
nine States assent to the same : nor shall a question 
on any other point, except for adjourning from day 
to day be determined, unless by the votes of a 
majority of the United States in Congress assem- 
bled. 

The Congress of the United States shall have 
power to adjourn to any time within the year, and to 
any place within the United States, so that no period 
of adjournment be for a longer duration than the 
space of six months, and shall publish the journal 
of their proceedings monthly, except such parts 
thereof relating to treaties, alliances or miliiary opera- 
tions, as in their judgment require secrecy : and the 
yeas and nays of the delegates of each State on any 
question shall be entered on the journal when it is 
desired by any delegate ; and the delegates of a State, 
or any of them, at his or their request shall be fur- 
nished with a transcript of the said journal, except 
such parts as are above excepted, to lay before the 
Legislatures of the several States. 

ARTICLE X. The committee of the States, or any 
nine of them, shall be authorized to execute, in the 
recess of Congress, such of the powers of Congress as 
the United States in Congress assembled, by the Con- 
sent of nine States, shall from lime to time think ex- 
pedient to vest them with ; provided that no power 
be delegated to the said committee, for the exercise 
of which, by the articles of confederation, the voice 
of nine States in the Congress of the United States 
assembled is requisite. 

Article XI. Canada acceding to this confedera- 
tion, and joining in the measures of the United States, 
shall be admitted into, and entitled to all the advan- 
tages of this Union: but no other colony shall be 
admitted into the same, unless such admission be 
agreed to by nine States. 

ARTICLE XII. All bills of credit emitted, monies 
borrowed and debts contracted by, or under the 
authority of Congress, before the assembling of the 
United States, in pursuance of the present confedera- 
tion, shall be deemed and considered as a charge 
against the United Stales, for payment and satisfac- 
tion whereof the said United States, and the public 
faith are hereby solemnly pledged. 

ARTICLE XIII. Every State shall abide by the de- 
terminations of the United States in Congress assem- 
bled, on all questions which by this conlederation is 



922 



APPENDIX D.— CONSTITUTION OF UNITED STATES. 



submitted to them. And the articles of this con- 
federation shall he inviolably observed by every State, 
and the Union shall be perpetual ; nor shall any 
alteration at any time hereafter be made in any of 
them ; unless such alteration be agreed to in a Con- 
gress of the United Stales, and be afterwards con- 
firmed by the Legislatures of every State. 

And Whereas it hath pleased the great Governor 
of the world to incline the hearts of the Legislatures 
we respectively represent in Congress, to approve of, 
and to authorize us to ratify the said articles of con- 
federation and perpetual Union. Know ye that we 
the undersigned delegates, by virtue of the power and 
authority to us given for that purpose, do by these 
presents, in the name and in behalf of our respective 
constituents, fully and entirely ratify and confirm 
each and every of the said articles of confederation 
and perpetual Union, and all and singular the matiers 
and things therein contained : And we do further 
solemnly plight and engage the faith of our respective 
constituents, that they shall abide by the determina- 
tions of the United States in Congress assembled, on 
all questions, which by the said confederation are 
submitted to them. And that the articles thereof 
shall be inviolably observed by the States we re- 
spectively represent, and that the Union shall be per- 
petual. In witness whereof we have hereunto set 
our hands in Congress. Done at Philadelphia in the 
State of Pennsylvania the 9th day of July in the year 
of our Lord, 1778, and in the third year of the inde- 
pendence of America. 



Josiah Rartlett, 
John Went worth, jun. 
August 8th, 1778, 
John Hancock. 
Samuel Adams, 
Elbridge Gerry, 
Francis Dana, 
James Lovell, 
Samuel Holten, 

William Ellery, 
Henry Merchant, 
John Collins, 

Roger Sherman, 
Samuel Huntington, 
Oliver Wolcott, 
Titus Hosmer, 
Andrew Adam, 
James Duane, 
Francis Lewis, 
William Duer, 
Gouverneur Morris, 

J ihn Witherspoon, 
Nathaniel Scudder, 

Robert Morris, 
Daniel Koberdeau, 
Jonathan Bayard Smith, 
William Clingan, 
Joseph Reed, 

22(1 July, 1778, 
Thomas M'Kenn, 

February 12, 1 7 79, 
John Dickinson, 

May 5, 1779, 
Nicholas Van Dyke, 



On the part and behalf of 
the State of New Hamp- 
shire. 



On the part and behalf of 
the State of Massachu- 
setts Bay. 

On the part and behalf of 
the State of Rhode Isl- 
and and Providence 
Plantations. 

On the part and behalf of 
the State of Connec- 
ticut. 



On the part and behalf of 
the State of New York. 

On the part and behalf of 
the Slate of New Jersey, 
November 26th, 1778. 



On the part and behalf of 
the Slate of Pennsyl- 
vania. 



On the part and behalf of 
the Slate of Delaware. 



John Hanson, 

March 1st, 1 78 1, 
Daniel Carroll, 

March 1st, 17S1, 

Richard Henry Lee, 
John Banister, 
Thomas Adams, 
John Harvil, 
Francis Lightfoot Lee, 

John Penn, 

July 21st, 1778, 
Corns Harnett, 
[ohn Williams, 

Henry Laurens, 
William Henry Drayton, 
John Matthews, 
Richard Hutson, 
Thomas Heyward, jun., 

John Walton, 

24th July, 1778, 
Edward Telfair, 
Edward Langworthy, 



I On the part and behalf of 
f the State of Maryland. 



I On the part and behalf of 
the State of Virginia. 



On the part and behalf of 
the State of North Car- 
olina. 



On the part and behalf of 
the State of Souih Car- 
olina. 



On the part and behalf of 
the State of Georgia. 



APPENDIX D. 

CONSTITUTION OF THE UNITED STATES 
OF AMERICA. 

We the People of the United States, in order to form 
a more perfect Union, establish Justice, insure do- 
mestic Tranquility, provide for the common de- 
fence, promote the general Welfare and secure the 
Blessings of Liberty to ourselves and our Posteritv , 
do ordain and establish this CONSTITUTION for the 
United States of America. 

Article I. 

Section I. All legislative Powers herein granted 
shall be vested in a Congress of the United Stales, 
which shall consist of a Senate and House of Repre- 
sentatives. 

Section 2. I The Hi use of Representatives shall 
be composed of Members chosen every second year 
by the people of the several States, nnd the Electors 
in each Slate shall have the qualifications requisite 
for Electors of the most numerous branch of the 
State Legislature. 

2 No person shall be a Representative who shall 
not have attained to the age of twenty-five years, 
and been seven years a citizen of the United Slates, 
and who shall not, when elected, be tin inhabitant of 
that State in which he shall be chosen. 

3 Representatives and direct Taxes shall be appor- 
tioned among the several States which may he in- 
cluded within this Union, according to their respec- 
tive numbers, which shall he determined by adding 
to the whole number of free persons, inch] ding those 
bound to service for a term of years, and excluding 
Indians not taxed, three-fifths of all other persons. 
The actual enumeration shall be made within three 
years after the first meeting of the Congress of the 
United States, and within every subsequent term of 
ten years, in such manner as they shall by 1 w 
direct. The Number of Representatives shall not 
exceed one for every 30,00c, but each Stat. 

hue at least one Representative; and until surh 
enumeration shall be made, ihe Stale of New Ham;- 



APPENDIX D.— CONSTITUTION OF UNITED STATES. 



923 



shire shall be entitled to choose three; Massachusetts, 
eight ; Rhode Island and Providence Plantation one ; 
Connecticut, five ; New York, six ; New Jersey, four ; 
Pennsylvania, eight; Delaware, one; Maryland, six; 
Virginia, ten ; North Carolina, five ; South Carolina, 
five ; and Georgia, three. 

4 When vacancies happen in the Representation 
from any State, the executive authority thereof shall 
issue writs of election to fill such vacancies. 

5 The House of Representatives shall choose their 
Speaker and other officers ; and shall have the sole 
power of impeachment. 

Section 3. I The Senate of the United States shall 
be composed of two senators from each State, chosen 
by the legislature thereof, for six Years ; and each 
senator shall have one vote. 

2 Immediately after they shall be assembled in 
consequence of the first election, they shall be 
divided as equally as may be into three classes. 
The seats of the senators of the first class shall be 
vacated at the expiration of the second year, of 
the second class at the expiration of the fourth year, 
and of the third class at the expiration of the sixth 
year, so that one-third may be chosen every second 
year; and if vacancies happen by resignation, or 
otherwise, during the recess of the legislature of 
any State, the executive thereof may make temporary 
appointments until the next meeting of the legisla- 
ture, which shall then fill such vacancies. 

3 No person shall be a senator who shall not have 
attained to the age of thirty years, and been nine 
years a citizen of the United States, and who shall 
not, when elected, be an inhabitant of that State for 
which he shall be chosen. 

4 The Vice-President of the United States shall be 
President of the Senate, but shall have no vote, 
unless they be equally divided. 

5 The Senate shall choose their other officers, and 
also a President pro-tempore, in the absence of the 
Vice-President, or when he shall exercise the office 
of President of the United States. 

6 The Senate shall have the sole power to try all 
impeachments. When sitting for that purpose, they 
shall be on oath or affirmation. When the Presi- 
dent of the United States is tried, the chief justice 
shall preside : And no person shall be convicted 
without the concurrence of two-thirds of the mem- 
bers present. 

7 Judgment in Cases of impeachment shall not 
extend further than to removal from office, and dis- 
qualification to hold and enjoy any office of honor, 
trust or profit under the United States ; but the party 
convicted shall nevertheless be liable and subject to 
indictment, trial, judgement and punishment, accord- 
ing to law. 

Section 4. I The times, places and manner of 
holding elections for senators and representatives, 
shall be prescribed in each State by the legislature 
thereof; but the Congress may at any time by law 
make or alter such regulations, except as to the 
places of choosing senators. 

2 The Congress shall assemble at least once in every 
year, and such meeting shall he on the first Monday 
in December, unless they shall by law appoint a 
different day. 

Section 5. I Each House shall be the judge of 
the election, returns and qualifications of its 
own members, and a majority of each shall con- 
stitute a quorum to do business; but a smaller num- 
ber may adjourn from day to day, and may be 



authorized to compel the attendance of absent mem- 
bers, in such manner, and under such penalties as 
each House may provide. 

2 Each House may determine the rules of its pro- 
ceedings, punish its members for disorderly behavior, 
and, with the concurrence of two-thirds, expel a 
member. 

3 Each House shall keep a journal of its proceed- 
ings, and from time to time publish the same, except- 
ing such parts as may in their judgement require 
secrecy ; and the yeas and nays of the members of 
either House on any question shall, at the desire 
of one-fifth of those present, be entered on the 
journal. 

4 Neither House, during the session of Congress, 
shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than 
that in which the two Houses shall be sitting. 

Section 6. I The senators and representatives shall 
receive a compensation for their services, to be 
ascertained by law, and paid out of the treasury of 
the United States. They shall in all cases, except 
treason, felony and breach of peace, be privileged 
from arrest during their attendance at the session of 
their respective Houses, and in going to and returning 
from the same ; and for any speech or debate in 
either house, they shall not be questioned in any 
other place. 

2 No Senator or representative shall, during the time 
for which he was elected, be appointed to any civil 
office under the authority of the United States, which 
shall have been created, or the emoluments whereof 
shall have been increased during such time; and 
no person holding any office under the United States, 
shall be a member of either House during his con- 
tinuance in office. 

Section 7. I All bills for raising revenue shall 
originate in the House of Representatives: but the 
Senate may propose or concur with amendments as 
on other bills. 

2 Every bill which shall have passed the House of 
Representatives and the Senate, shall, before it 
becomes a law, be presented to the President of the 
United States; if he approve he shall sign ii, but if 
not he shall return it, with his objections to that 
House in which it shall have originated, who shall 
enter the objections at large on their journal, and 
proceed to reconsider it. If after such reconsider- 
ation two-thirds of that House shall agree to piss the 
bill, it shall be sent, together with the objections, to 
the other House, by which it shall likewise be recon- 
sidered, and if approved by two-thirds of that Hou-e, 
it shall become a law. But in all such cases the 
votes of both Houses shall be determined by yeas and 
nays, and the names ot the persons voting for and 
against the bill shall be entered on the journal of 
each House respectively. If any bill shall not be 
returned by the President within ten clays (Sundays 
excepted) after it shall have been presented to him, 
the same shall be a law, in like manner as if he had 
signed it, unless the Congress by their adjournment 
prevent its return, in which case it shall not be a 
law. 

3 Every order, resolution or vote to which the con- 
currence of the Senate and House of Representatives 
miy lie necessary (except a question of adjourn- 
ment) shall be presented to the President of the 
United States; and before the same shall take effect, 
shall be approved by him, or being disapproved by 
him, shall be repassed by two-thirds of the Senate 



924 



APPENDIX D.-COXSTITUTIOS OF LWITED STATES. 



and House of Representatives, according to the 
rules and limitations prescribed in the case of a bill. 
Section 8. The Congresa thall have power 

1 To lay and collect taxes, duiies, imposts and ex- 
cises, to pay the debts and provide for the common 
defence and general welfare of the United Stales; 
hut all duties, imports and excises shall be uniform 
throughout the United Stales- 

2 To borrow money on the credit of the United 
States ; 

3 To regulate commerce with foreign nations, and 
among the several States, and with the Indian tribes; 

4 To establish a uniform rule of naturalization, 
and uniform laws on the subject of bankruptcies 
throughout the United States; 

5 To coin money, regulate the value thereof, and 
of foreign coin, and fix the standard of weights and 
measures ; 

6 To provide for the punishment of counterfeiting 
the securities and current coin of the United States; 

7 To establish post offices and post roads; 

8 To promote t.'-e progress of science and useful 
arts, by securing for limited times, to authors and 
inventors the exclusive right to their respective writ- 
ings and discoveries; 

9 To constitute tribunals inferior to the supreme 
court ; 

io To define and punish piracies and felonies com- 
mitted on the high seas, and offences against the law 
of nations ; 

1 1 To declare war, grant letters of marque and re- 
prisal, and make rules concerning captures on land 
and water; 

12 To raise and support armies, but no appropria- 
tion of money to that use shall be for a longer term 
than two years ; 

13 To provide and maintain a navy ; 

14 To make rules for the government and regula- 
tion of the land and naval forces ; 

15 To provide for calling forth the militia to exe- 
cute the laws of the Union, suppress insurrections 
and repel invasions ; 

16 To provide for organizing, arming, and disci- 
plining the militia, and for governing such part of 
them as may be employed in the service of the United 
States, reserving to the States respectively, the ap- 
pointment of the officers, and the authority of training 
the militia according to the discipline prescribed by 
Congress ; 

1 7 To exercise exclusive legislation in all cases 
whatsoever, over such district (not exceeding ten 
miles square) as may, by cession of particular States, 
and the acceptance of Congress, become the seat of 
the government of the United States, and to exercise 
like authority over all places purchased by the consent 
of the Legislature of the State in which the same 
shall be, for the erection of forts, magazines, arsenals, 
dock-yards, and other needful buildings; and 

18 To make nil laws which shall be necessary and 
.proper for carrying into execution the foregoing pow- 
ers, and all other powers vested by this Constitution, 
in the government of the United Stales, or in any 
department or officer thereof. 

Section 9. 1 The migration or importation of such 
persons as any of the States now existing shall think 
proper to admit, shail not be prohibited by the Con- 
gress prior to the year one thou-and eight hundred 
and eight, but a tax or duty may be imposed on 
»uch importation, not exceeding ten dollars for each 
person. 



2 The privilege of the writ of habeas corpus shall 
not be suspended, unless when in cases of rebellion 
or invasion the public safely may requite it. 

3 No bill of attainder or ex post facto law shall be 
passed. 

4 N'o capitation, or other direct tax, shall be laid, 
unless in proportion to the census or enumeration 
herein before directed to be taken. 

5 No tax or duty shall be laid on articles exported 
from any State. 

6 No preference shall be given by any regulation 
of commerce or revenue to the ports of one State over 
those of another; nor shall vessels bound to, or from 
one State, be obliged to enter, clear, or pay duties in 
another. 

7 No money shall be drawn from the treasury, but 
in consequence ol appropriations made by law ; and 
a regular statement and account of the receipts and 
expenditures of all public money shall be published 
from time to time. 

8 No title of nobility shall be granted by the United 
States: And no person holding any office of profit 
or trust under them, shall, without the consent of the 
Congress, accept of any present, emolument, office or 
title, of any kind whatever, from any king, prince, or 
foreign State. 

Section IO. I No State shall enter into any treaty, 
alliance, or confederation; grant letters of marque 
and reprisal; coin money; emit bills of credit; make 
anything but gold and silver coin a tender in pay- 
ment of debts ; pass any bill of attainder, ex post facto 
law, or law impairing the obligation of contracts, or 
grant any title of nobility. 

2 No Slate shall, without the consent of the Con- 
gress, lay any imposts or duties on imports or exports, 
except what may be absolutely necessary for execut- 
ing its inspection laws; and the net produce of all 
duties and imposts, laid by any State on imports or 
exports, shall be for the use of the treasury of the 
United States; and all such laws shall be subject to 
the revision and control of the Congress. 

3 No State shall, without the consent of Congress, 
lay any duty of tonnage, keep troops, or ships of war 
in time of peace, enter into any agreement or com- 
pact with another State, or with a foreign power, or 
engage in war, unless actually invaded, or in such 
imminent danger as will not admit of delay. 

Article II. 

Section I. I The executive power shall be vested 
in a President of the United States of America. lie 
shall hold his office during the term of four years, 
and, together with the Vice President, chosen for the 
same term, be elected, as follows: 

2 Each State shall appoint, in such manner as the 
Legislature thereof may direct, a number of electors, 
equal to the whole number of senators and repre- 
sentatives, to which the Stale may be entitled in the 
Congress ; but no senator or representative, or person 
holding an office of trust or profit under the United 
States shall be appointed an elector. 

S*The electors shall meet in their respective Stales, 
vote by ballot for two persons, of whom 01 
least shall not be an inhabitant of the same Stale W nil 
themselves. And they shall make a list of all the 
persons voted for, and of the number of votes for 
each ; which list they shall sign and certify, and trans- 
mit sealed to the seat ol the government of the United 
Staler, directed to the President of the Senate. The 
President of the Senate shall, in ihe presence of the 



APPENDIX D— CONSTITUTION OF UNITED STATES. 



925 



Senate and House of Representatives, open all the 
certificates, and the votes shall then be counted. 
The person having the greatest number of votes shall 
be the President, if such number be a majority of the 
whole number of electors appointed ; and if there be 
more than one who have such majority, and have an 
equal number of votes, then the House of Representa- 
tives shall immediately choose by ballot one of them 
for President ; and if no person have a majority, then 
from the five highest on the list the said House shall, 
in like manner, choose the President. But in choosing 
the President, the votes shall be taken by States, the 
representation from each Slate having one vote ; a 
quorum for this purpose shall consist of a member or 
members from two-thirds of the States, and a major- 
ity of all the States shall be necessary to a choice. In 
every case, after the choice of the President, the per- 
son having the greatest number of votes of the elect- 
ors, shall be the Vice-President. But if there should 
remain two or more who have equal votes, the 
Senate shall choose from them by ballot, the Vice- 
President.] 

3 The Congress may determine the time of choos- 
ing the electors, and the day on which they shall give 
their votes ; which day shall be the same throughout 
the United States. 

4 No person except a natural born citizen, or a 
citizen of the United States, at the time of the adop- 
tion of this Constitution, shall be eligible to the office 
of President; neither shall any person be eligible to 
that office who shall not have attained to the age of 
thirty-five years and been fourteen years a resident 
within the United States. 

5 In case of the removal of the President from 
office, or of his death, resignation, or inability to dis- 
charge the powers and duties of the said office, the 
same shall devolve on the Vice-President, and the 
Congress may by law provide for the case of removal, 
death, resignation, or inability, both of the President 
and Vice-President, declaring what officer shall then 
act as President, and such officer shall act accordingly, 
until the disability be removed, or a President shall 
be elected. 

6 The President shall, at stated times, receive for 
his services, a compensation, which shall neither be 
increased nor diminished during the period for which 
he shall have been elected, and he shall not receive 
within that period any other emolument from the 
United States, or any of them. 

7 Before he enter on the execution of his office, he 
shall take the following oath or affirmation : 

" I do solemnly swear (or affirm) that I will faith- 
fully execute the office of President of the United 
States, and will to the best of my ability, preserve, 
protect and defend the Constitution of the United 
States." 

Section 2. I The President shall be commander- 
in-chief of the army and navy of the United States, 
and of the militia of the several States, when called 
into the actual service of the United States; he may 
require the opinion, in writing, of the principal officer 
in each of the executive departments, upon any sub- 
ject relating to the duties of their respective offices, 
and he shall have power to grant reprieves and par- 
dons for offences against the United States, except in 
cases of impeachment. 

2 He shall have power, by and with the advice 
and consent of the Senate, to make treaties, provided 



*This clause within brackets has been superseded and an- 
nulled by the twelfth amendment. , 



two-thirds of the senators present concur; and he 
shall nominate, and by and with the advice and con- 
sent of the Senate, shall appoint ambassador^ other 
public ministers and consuls, judges of the Supreme 
Court, and all other officers of the United States, whose 
appointments are not herein otherwise provided for, 
and which shall be established by law: but the Con- 
gress may by law vest the appointment of such inferior 
officers, as they think proper, in the President alone, 
in the courts of law, or in the heads of departments. 

3 The President shall have power to fill up all 
vacancies that may happen during the recess of the 
Senate, by granting commissions which shall expire 
at the end of their next session. 

Section 3. He shall from time to time give the 
Congress information of the state of the Union, and 
recommend to their consideration such measures as 
he shall judge necessary and expedient ; he may, on 
extraordinary occasions, convene both Houses, or 
either of them, and in case of disagreement between 
them, with respect to the time of adjournment, he 
may adjourn them to such time as he shall think 
proper; he shall receive ambassadors and other pub- 
lic ministers; he shall take care that the laws be 
faithfully executed, and shall commission all the 
officers of the United States. 

Section 4. The President, Vice-President and 
all civil officers of the United States, shall be re- 
moved from office on impeachment for, and con- 
viction of, treason, bribery, or other high crimes and 
misdemeanors. 

Article III. 

Section I. The judicial power of the United 
States, shall be vested in one Supreme Court, and in 
such inferior courts as the Congress may from time 
to time ordain and establish. The judges, both of 
the supreme and inferior courts, shall hold their 
offices during good behavior, and shall, at stated 
times, receive for their service a compensation, 
which shall not be diminished during their continu- 
ance in office. 

Seciion 2. 1 The judicial power shall extend to 
all cases, in law and equity, arising under this Con- 
stitution, the laws of the United States, and treaties 
made, or which shall be made, under their authority ; 
to all cases affecting ambassadors, other public min- 
isters and consuls; to all cases of admiralty and mari- 
time jurisdiction ; to controversies to which the 
United States shall be a party; to controversies be- 
tween two or more States ; between a State and 
citizens of another State, between citizens of different 
States, between citizens of the same State claiming 
lands under grants of different States, and between 
a State, or the citizens thereof, and foreign States, 
citizens or subjects. 

2 In all cases affecting ambassadors, other public 
ministers and consuls, and those in which a State 
shall be party, the Supreme Court shall have original 
jurisdiction. In all the other cases before mentioned, 
the Supreme Court shall have appellate jurisdiction, 
both as to law and fact, with such exceptions, and 
under such regulations as the Congress shall make. 

3 The trial of all crimes, except in cases of im- 
peachment, shall be by jury ; and such trial shall be 
held in the State where the said crimes shall have 
been committed ; but when not committed within 
any State, the trial shall be at such place or places 
as the Congress may by law have directed. 

Section 3. I Treason against the United States, 



926 



APPENDIX D.— CONSTITUTION OF UNITED STATES. 



shall consist only in levying war against them, or in 
adhering to their enemies, giving them aid and com- 
fort. No person shall be convicted of treason unless 
on the testimony of two witnesses to the same overt 
act, or on confession in open court. 

2 The Congress shall have power to declare the \ 
punishment of treason, hut no attainder of treason 
shall work corruption of blood, or forfeiture except ] 
during the life of the person attainted. 

Article IV. 

Section I. Full faith and credit shall be given 
in each State to the public acts, records, and judicial 
proceedings of every other State. And the Congress 
may by general laws prescribe the manner in which 
such acts, records and proceedings shall be proved, 
and the effect thereof. 

Sec/ion 2. I The citizens of each State shall be 
entitled to all privileges and immunities of citizens 
in the several States. 

2 A person charged in any State with treason, 
felony, or other crime, who shall (lee from justice, 
and be found in another State, shall on demand of 
the executive authority of the State from which he 
fled, be delivered up, to be removed to the State hav- 
ing jurisdiction of the crime. 

3 No person held to service or labor in one State, 
under the laws thereof, escaping into another, shall, 
in consequence of any law or regulation therein, be 
discharged from such service or labor, but shall be 
delivered up on claim of the party to whom such ser- 
vice or labor may be due. 

Sec/ion 3. 1 New States may be admitted by 
the Congress into this Union ; but no new State shall 
be formed or erected within the jurisdiction of any 
other State; nor any State be formed by the junction 
of two or more States, or parts of States, without the 
consent of the legislatures of the States concerned as 
well as of the Congress. 

2 The Congress shall have power to dispose of and 
make all needful rules and regulations respecting the 
territory or other property belonging to the United 
States; and nothing in this Constitution shall be so 
construed as to prejudice any claims of the United 
States, or of any particular State. 

Sec/ion 4. The United States shall guarantee to 
every State in this Union a Republican form of gov- 
ernment, and shall protect each of them against in- 
vasion, and on application of the legislature, or of the 
executive (when the legislature cannot be convened) 
against domestic violence. 

Article V. 

The Congress, whenever two-thirds of both Houses 
shall deem it necessary, shall propose amendments to 
this ('.institution, or, on the application of the Legis- 
latures of two-thirds of the several States, shall call 
a Convention for proposing amendments, which, in 
either case, shall be valid to all intents and purposes, 
as part of this Constitution, when ratified by the Leg- 
islatures of three-fourths of the several States, or by 
Conventions in three-fourths thereof, as the one or the 
other mode of ratification may be proposed by the 
Congress; Provided that no amendment which may 
he made prior to the year 180S shall in any manner 
affect the first and fourth clauses in the ninth section 
of the first article; and that no State, without its 
consent, shall be deprived of its equal suffrage in the 
Senate. 



Article VI. 

1 All debts contracted and engagements entered 
into, before the adoption of this Constitution, shall be 
as valid against the United States under this Constitu- 
tion, as under the Confederation. 

2 This Constitution, and the laws of the United 
Stales which shall be made in pursuance thereof; and 
all treaties made, or which shall be made, under ihe 
authority of the United States, shall be the supreme 
law of the land ; and the Judges in every Stale shall 
be bound thereby, any thing in the Constituiion or 
laws of any State to the Contrary notwithstanding. 

3 The Senators and Representatives before men- 
tioned, and the members of the several State Legis- 
latures, and all executive and judicial officers, both 
of the United States and of the several States, shall 
be bound by oath or affirmation, to support this Con- 
stitution ; but no religious test shall ever be required 
as a qualification to any office or public trust under 
the United States. 

Article VII. 

The ratification of the Conventions of nine States, 
shall be sufficient for the establishment of this Con- 
stitution between the States so ratifying the same. 
Done in Convention by the unanimous consent of 
the States present the 17th day of September in 
the year of our Lord 17S7, and of the Independ- 
ence of the United States of America the 
twelfth. In witness whereof we have hereunto 
subscribed our names, 

Geo. Washington. 
President and deputy from I 'irgittia. 

New Hampshire. 
John Langdon, Nicholas Gilman. 

Massachusetts. 
Nathaniel Gorham, Rufus King. 
Connecticut. 
Wm. Saml. Johnson, Roger Sherman. 

New York. 
Alexander Hamilton. 

New Jersey. 
Wil. Livingston, David Brearley, 

William Palerson, Jonathan Dayton. 

Pennsylvania. 
B. Franklin, Thomas Mifflin, 

Robert Morris, George Clymer, 

Thomas Fitzsimons, Jared Ingersoll, 
James Wilson, 



George Read, 
John Dickinson, 
Jacob Broom, 



James MTIenry, 
Daniel Carroll, 



Gouverneur Morris. 

Delaware. 

Gunning Bedford, Jun'r, 
Richard Basset t 

Maryland. 

Dan. of St. Thos. Jenifer. 



Virginia. 
John Blair, James Madison, Jr. 

NoRT't Carolina. 
William Blount, Richard Dobbs Spaight. 

Hugh Williamson, 



APPENDIX D.— CONSTITUTION OF UNITED STATES. 



927 



South Carolina. 



J. Rutledge, 
Charles Pmckney, 



William Few, 
Attest : 



Charles Cotesworth Pinckney, 
Pierce Butler. 

Georgia. 
Abr. Baldwin. 
William Jackson, Secretary. 



Articles in Addition to, and Amendment of 
the Constitution of the United States of 
America. 

Proposed by Congress, and ratified by the Legislatures 
of the several Stales, pursuant to the fifth article 
of the original Constitution. 

Article I. 

Congress shall make no law respecting an estab- 
lishment of religion, or prohibiting the free exercise 
thereof; or abridging the freedom of speech, or of the 
press ; or the right of the people peaceably to assem- 
ble, and to petition the government for a redress of 
grievances. 

Article II. 

A well regulated militia being necessary to the se- 
curity of a free State, the right of the people to keep 
and bear arms, shall not be infringed. 

Article III. 
No soldier shall, in time of peace be quartered in 
any house, without the consent of the owner, nor in 
time of war, but in a manner to be prescribed by law. 

Article IV. 

The right of the people to be secure in their per- 
sons, houses, papers, and effects, against unreasonable 
searches and seizures, shall not be violated, and no 
warrants shall issue, but upon probable cause, sup- 
ported by oath or affirmation, and particularly de- 
scribing the place to be searched, and the person or 
things to be seized. 

Article V. 

No person shall be held to answer for a capital, or 
otherwise infamous crime, unless on a presentment or 
indictment of a Grand Jury, except in cases arising in 
the land or naval forces, or in the militia, when in 
actual service in time of war or public danger ; nor 
shall any person be subject for the same offence to be 
twice put in jeopardy of life or limb; nor shall be 
compelled in any criminal case to be a witness against 
himself, nor be deprived of life, liberty, or property, 
without due process of law ; nor shall private prop- 
erty be taken for public use, without just compensation. 

Article VI. 
In all criminal prosecutions, the accused shall enjoy 
the right to a speedy and public trial, by an impartial 
jury of the State and district wherein the crime shall 
have been committed, which district shall have been 
previously ascertained by law, and to be informed of 
the nature and cause of the accusation ; to be con- 
fronted with the witnesses against him ; to have com- 
pulsory process for obtaining witnesses in his favor, 
and to have the assistance of counsel for his defence. 

Article VII. 
In suits at common law, where the value in con- 
troversy shall exceed twenty dollars, the right of trial 
by jury shall be preserved, and no fact tried by a jury 



shall be otherwise re-examined in any court of the 
United States, than according to the rules of the com- 
mon law. 

Article VIII. 

Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments 
inflicted. 

Article IX. 

The enumeration in the Constitution, of certain 
rights, shall not be construed to deny or disparage 
others retained by the people. 

Article X. 

The powers not delegated to the United States by 
the Constitution, nor prohibited by it to the States, 
are reserved to the States respectively, or to the 
people. 

Article XI. 

The judicial power of the United States shall not 
be construed to extend to any suit in law or equity, 
commenced or prosecuted against one of the United 
States by citizens of another State, or by citizens or 
subjects of any foreign State. 

Article XII. 

The electors shall meet in their respective States, 
and vote by ballot for President and Vice-President, 
one of whom, at least, shall not be an inhabitant of 
the same State with themselves; they shall name in 
their ballots the person voted for as President, and in 
distinct ballots the person voted for as Vice-President, 
and they shall make distinct lists of all persons voted 
for as President, and of all persons voted for as Vice- 
President, and of the number of votes for each, which 
lists they shall sign and certify, and transmit sealed 
to the seat of the government of the United States, 
directed to the President of the Senate; the President 
of the Senite shall, in presence of the Senate and 
House of Representatives, open all the certificates, 
and the votes shall then be counted ; the person hav- 
ing the greatest number of votes for President shall 
be the President, if such number be a majority of the 
whole number of electors appointed ; and if no per- 
son have such majority, then from the persons having 
the highest numbers, not exceeding three on the li>t 
of those voted for as President, the House of Repre- 
sentatives shall choose immediately, by ballot, the 
President. But in choosing the President, the voles 
shall be taken by States, the representation from each 
State having one vote ; a quorum for this purpose 
shall consist of a member or members from two-thirds 
of the States, and a majority of all the States shall be 
necessary to a choice. And if the House of Repre- 
sentatives shall not choose a President whenever the 
right of choice shall devolve upon them, before the 
fourth day of March next following, then the Vice- 
President shall act as President, as in the case of the 
death or other constitutional disability of the Presi- 
dent. The person having the greatest number of 
votes as Vice-President, shall be the Vice-President, 
if such number be a majority of the whole number 
of electors appointed, and if no person have a major- 
ity, then from the two highest numbers on the list, 
the Senate shall choose the Vice-President; a quorum 
for the purpose shall consist of two-thirds of the whole 
number of senators, and a majority of the whole 
number shall be necessary to a choice. But no nel- 
son constitutionally ineligible to the office of Presi- 
dent shall be eligible to that of Vice-President of the 
United Slates. 



928 



APTEXDIX E.—STEPIJEXS OX COVEKXMEXT. 



APPENDIX E. 

Articles on Gov] rnment, Written for " John- 
son's New Universal Cyclopedia." 

( i. >\ ERNMEN I . 

The first proper step in all philosophical inquiry, 
as well as in all discourse, of whatever character, un- 
dertaken for the elucidation of truth, is to set forth 
as clearly and distinctly as possible the meaning of 
the words and terms used in the expression of the 
views presented, from which successive conclusions 
are to be logically drawn. This is the work of defini- 
tion, and it is no less essential in moral and political 
investigations, than it is in mathematical. It is, in- 
deed, the beginning of progress in every department 
of learning, whether moral, intellectual, or material. 
Government, then, in its true and most comprehen- 
sive sense, may be said to lie the operation of laws. 
Law, in its most general and comprehensive sense, 
according to very high authority | Blackstone), " signi- 
fies a rule of action, and is applied indiscriminately 
to all kinds of action, whether animate or inanimate, 
rational or irrational. Thus, we say the laws of 
motion, of gravitation, of optics, or mechanics, as well 
as the laws of nature and of nations." 

In a like general sense, with equal correctness, we 
speak of the government of the mind, of the passions, 
of a church, or a State, as well as of the government 
of the universe. It is, in each case, the operation of 
those laws by which action, in its every sphere, 
whether moral, intellectual or material, is controlled. 
In the restricted sense in which it is proposed in this 
article to treat of government, and of the laws which 
shape its form, as well as control its action, the term 
is intended to be applied only to the government of 
men, in their relations, conduct and intercourse with 
each other in organized society. 

By government in this restricted sense, therefore, 
is meant the exercise of that inherent, absolute power 
existing in every distinct and separate organized 
society or State, of self-determination and self-con- 
trol for self-preservation, which springs by nature 
from its own social forces, ami the laws which con- 
trol their action. 

Every single individual person is a complete living 
organism within itself, endowed by nature with vital 
functions and powers of self-determination lor its own 
preservation. Hut man, by nature, is less capable of 
self-preservation singly, by himself, than jointly, with 
others. Mutual protection and mutual interests, 
therefore, form the natural and only just basis for all 
organized associations of individuals of the character 
named. An organization when so formed, consti- 
tutes a separate community, pioperly denominated a 
Slate, nation, commonwealth, or kingdom. It is to 
all intents and purposes an organism, composed, of 
the individual organisms that enter into it. It be- 
comes a politieal and moral person, subject not only 
to its own special laws, but also to the general moral 
law, to which all human action is subject, ami which 
prescribes the limitations of natural justice. As each 
single organism in its powers ol self determination is 
controlled by its own internal laws, respectively, so 
the aggregate organism is controlled in its powers ol 
self-determination by those social forces, or laws, 
which ^ive existence and life to the separate com- 
monwealth. Stale, or kingdom SO constituted. The 
operation of these laws in such a political organism, 
in its origin as well as in its after-growih and devel- 
opment, physically, intellectually and morally, is 



what is understood by the government of such State. 
The controlling power — the paramount authority, the 
jus sum mi imperii — in each State, so organized, is 
what is known as the sovereignly thereof. 

Sovereignty, then, may be defined to be that in- 
herent, absolute power of self-determination in every 
distinct political body, commonwealth, State or king- 
dom, coming into existence by virtue of its own social 
forces, which, in pursuit ol the well-being of its own 
organism, under the universal moral law, cannot be 
rightfully interfered, with by any other similar body 
without its consent. Sovereignty, in every such body 
politic, organized society, or State, is that innate attri- 
bute of the commonwealth or aggregate organism 
which corresponds with the will and power of self- 
action in the personal organisms so constituting it ; 
and by its very nature is indivisible: just as much so 
as the mind is in the individual organisms, respec- 
tively. The limitations of natural justice prescribed 
by the universal moral law apply as well to the political 
persons of organized societies as to separate individuals 
in a supposed state of nature. In the organization of 
single societies, whatever may be the form assumed, 
the act itself is known as the social compact. The 
type or form of government so instituted, at first, and 
in its after-developments, in all cases, depends upon 
the nature and character and relative power of the 
social forces from which its existence springs. These 
forces are three-fold, lo-wit: moral (or religious), 
intellectual and physical. As these forces relatively 
predominate in the formation of society, so will be 
the character of its organic structure. This organic 
structure is what in all cases is known as the Con- 
stitution of each particular State or kingdom, whether 
it be written or unwritten ; and the sovereign power 
is exercised through the channels e-tablished for it 
by this constitutional stiucture, which becomes the 
fundamental law of the organization until changed 
by the same social forces winch l>n ught it into exist- 
ence. In the beginning, when the physical predi mi 
nates, a monarchical form of government is almost 
the necessary development. When the intellectual 
or moral predominate, or are equally balanced, mixed 
forms of government ol some sort are the consequent 
development. The study of these laws and the 
various forms of government springing from them 
has occupied the attention of the profoundest thinkers 
from the earliest times. The subject constitutes a 
science of the utmost importance, as nothing of an 
earthly character more deeply involves the interests 
of every people than the government under which 
they live. Fn m this (bully --pring all those institu- 
tions, moral, intellectual and material which mark 
the progress of their civilization. 

It is not the purpose of this article to do more, 
after the foregoing premise, than briefly to set forth, 
(i) some general views on what should be the objects 
of all governments of whatever form ; (2) to picsc nt 
some of the essential principles of governments con 
Stituted for such objects, without reference- to their 
forms; and (3) to present an outline view of the 
different forms of government heretofore and flow 
existing, with their defects so far as concerns the 
achievement ol the proper objei ts ol their institution. 

I. It having been shown that all organized socie- 
ties, and the- governments resulting therefrom, aie 
founded upon the basis of the better protection and 
enji >v nient of the individual rights of their constituent 
members, the conclusion clearly follows that the 
chief object in every case should be the security and 



APPENDIX P.— STEPHENS ON GOVERNMENT. 



929 



maintenance of all " those absolute rights which were 
vested in them by the immutable laws of nature." 
These consist of the rights of things as well as the 
rights of persons — the right of property as well as the 
rights of life and liberty. 

Many writers maintain that individuals, upon en- 
tering into society, give up or surrender a portion of 
their natural rights. This seems to be a manifest 
error. In forming single societies or States, men 
only enter into a compact with each other — a social 
compact — either expressed or implied, as before 
stated — for their mutual protection in the enjoyment 
by each of all their natural rights. The chief object 
of all good governments, therefore, should be the pro- 
tection of all the natural rights of their constituent 
members; or, in other words, the object in all cases 
should be the establishment of what may be styled 
civil liberty, which is nothing more nor less than 
natural liberty secured by the guarantee of all the 
powers of organized society. No person has any 
natural right wantonly to hurt or injure another. The 
object of society and government is to prevent and 
redress injuries of this sort'; for, in a state of nature, 
without the superior restraining power of the gov- 
ernment the strong would viciously impose upon the 
weak. Wrongs upon rights could not be so efficiently 
prevented nor so adequately redressed. Upon enter- 
ing into society, however, for the purpose of having 
their natural rights secured and protected, or properly 
redressed, the weak do not give up, or surrender any 
portion of their priceless heritage in any government 
constituted and organized as it should be. 

A succinct view may be here pertinently presented 
of what should be the correct understanding of what 
is termed civil liberty. There arc few themes upon 
which more has been said and written than this, and 
few, it is believed, upon which less has been distinctly 
and correctly stated. Many definitions have been 
given to the terms, liberty, natural liberty, civil lib- 
erty and political liberty. Many of these definitions 
put forth by learned men, seem to be exceedingly 
erroneous: many more, exceedingly confuse, while 
only a few, rightfully understood, express the truth. 
The erudite Mr. Markham, archbishop of York, for 
instance, defines or states his idea upon the subject 
in these words; 

" Civil or legal liberty is that which consists in a 
freedom from all restraints, except such as established 
law imposes for the good of the community, to which 
the partial good of each individual is obliged to give 
place." 

This definition conveys the idea, that upon the 
formation of organized societies individuals give up 
some of their natural rights, and that the main object 
of such societies and governments should be the 
security of the greatest good to the greatest number. 
It clearly implies, at least, that the good of some must, 
occasionally, be sacrificed to the greater good of the 
greater number. Few heresies or dogmas in the 
science of government are more erroneous, or more 
mischievous in their tendencies than this very specious 
doctrine, which to most minds seems to be so well 
founded. The great object of government, properly 
stated, should be to secure the greatest good to every 
member of society which can possibly be accom- 
plished without injury to any. No ninety-nine per- 
sons, whatever, have any natural right to advance 
their interest or good by inflicting an uncompensated 
injury upon the hundredth, nor in any other propor- 
tion. 

59 



Another learned writer on this subject, Dr. Paley, 
changes the language somewhat, but gives, in effect, 
the same definition of civil liberty as that given by 
the archbishop of York. 

Paley says : " Civil liberty is the not being restrained 
by any law but what conduces in a greater degree 
to the public welfare." 

This implies that the State may, by just enactment, 
inflict a positive, unrequited injury upon one or more 
of the community, if the general "public welfare" 
can be promoted thereby. This definition, therefore, 
from what has just been stated, requires no further 
notice here. 

Judge Blackstone's definition is in these words : 

" Political, therefore, or civil liberty, which is that 
of a member of society, is no other than natural lib- 
erty, so far restrained by human laws (and no further) 
as is necessary and expedient to the general advan- 
tage of the public." This definition more nearly 
approximates the truth than either of the others ; and 
yet it is defective, not only in this, that it embraces 
the same erroneous implication, but also confounds 
political and civil liberty, or treats them as the same. 
These words, when accurately applied, express very 
different and distinct ideas, which should ever be 
kept in mind in all investigations or reflections upon 
the subject. A member of society may be in full 
possession of perfect civil liberty, and yet without 
any political right whatever in the proper sense of 
that term; as is the case with women and minors 
generally, as well as mere denizens in most free 
States. This error of the great commentator on the 
laws of England, in his definition of civil liberty, by 
leaving in it the implication stated, seems to have 
crept in more from an indisposition on his part openly 
to assail or depart 'from authority, than from his own 
deliberate judgment. For it is inconsistent with 
what he affirms should be the principal aim of all 
governments. "This," he says, " is to protect indi- 
viduals in the enjoyment of those absolute right-; 
which were vested in them by the immutable laws ot 
nature." Of course, no human laws can rightfully 
be set up for any purpose against any of the " immu- 
table laws of nature." The error of this definition is 
also not a little remarkable from the fact that the 
author cites, as authority for it, what is given as the 
substance of the definition set forth in the Justinian 
or Roman code. That definition, as it stands in a 
foot-note to the author's text, 'certainly excludes the 
implication referred to, when rightly construed. As 
it there stands, it is in these words : "Facultas ejus, 
quod cuique facere libel, nisi quid jure prohibitur : " 
the proper meaning of which clearly is, " The faculty 
of each one to do what each one pleases except what 
is rightfully prohibited." Dr. Paley, and those of his 
school, seem to construe jure in this definition, as if 
the Latin word had been lege, hence their ideas that 
civil liberty consists in all the members of society 
doing what they please, except in so far as they may 
be restrained by any law of the commonwealth that 
"conduces in a greater degree to the public welfare," 
whether such law be founded upon natural justice or 
not. This yields the whole question of light to might. 
Jure in Latin has a very different meaning from lege. 
If the draftsman of the definition under consideration 
had had the same idea of it, which Dr. Paley and 
others seem to have entertained, he would, doubtle^, 
have used the word lege instead of jure. As it stands 
the definition was evidently intended to convey the 
idea, that where civil liberty is enjoyed, every mem- 



930 



APPEXDEX E.— STEPHENS OX GOIEA'X.VEXE. 



ber of society is permitted to do everything which he 
or she pleases "except what is rightly prohibited ; " 
and, by the laws of nature, most manifestly, no one 
can be rightly prohibited from doing anything except 
what interferes wnh the rights of others. Burlamaqui - 
definition ol liberty, in the sense in which it is now 
treated, seems fully to cover the whole ground with 
clearness as well as accuracy. He says : " Moral or 
natural liberty is the right which nature gives to all 
mankind for disposing of their persons and property 
after the manner I h « y judge most consonant to 
their happiness, on condition of their acting with- 
in the limits of the law of nature, and that they do 
not any way abuse it to the prejudice of any other 
men." 

The great truth that all men are created equal 
must ever be borne in mind in investigations upon 
this subject. This equality, as is manifest, does not 
consist in size, form, or any personal characteristics, 
in a physical, moral, or intellectual view. It does, 
however, consist in an equal right in the administra- 
tion of justice. Justice is the great regulator in the 
government of human affairs, as gravitation is in the 
government of the material universe. The same 
simple law of gravitation which moulds an atom, also 
shapes a world. To the silent- but potent influence 
of the same magic principle are due that harmony 
and concord which pervade the planetary and stellar 
spheres. In like manner, justice, rightly adminis- 
tered, stays discord and produces peace, quiet, order, 
and happiness in communities, States, and kingdoms. 
The rule of justice is the divine injunction, applicable 
alike to all : "As ye would that men should do to 
you, do ye also to them likewise." 

An inquiry into what particulars certain classes, 
cuch as are to be found in all communities, from 
want of sufficient mental and mora! development can 
be rightly and therefore justly restrained in their 
volitions and actions for their own good as well as 
that of the rest of society, and which their natural 
rights in point of require (as in the case with chil- 
dren, to say nothing of others,) would lead to the 
gravest problems which ever engaged the attention of 
philanthropists, law-givers, and statesmen. That, 
however, lies not within the scope of this article. 
The principle which should govern in every case is 
all that i.-. at present intended to be set forth. 

II. In considering the essential principles upon 
which all governments should be founded, with a 
view to the objects of their formation, as before stated, 
and without regard to their peculiar or specific types, 
the following may be set forth as a few of the most 
prominent of them to which attention should be 
directed : 

I-t. The basis should be the fundamental principle 
or truth that the sovereignty or governing power is 
an attribute of the entire aggregate organism where 
it existed in the beginning and ever remains in every 
case, and can never be iu->!v assumed to become 
vested in any one or more of its constituent mem- 
bers. 

2d. From thi> follows another essential principle 
or truth, that all governments derive their "just 
powers from the i n senl ol the governed." 

3d. These principles or truths being established, it 
further follows that all exercise of governmental 
power is a trust, and can be justly exercised only for 
the benefit of the governed. 

The exercise of all powers with which any rulers 
are clothed or vested, are held by delegation from the 



ruled, either tacitly given or formally expressed. 
Office, so called, therefore, in all cases, in kingdoms 
or republics, is matter of trust and not of inherent 
right, on the part of any one who performs its func- 
tions. 

4th. Another of the essential principles or truth.; 
referred to, and the only remaining one which will 
be here mentioned, is this that while sovereignty it- 
self is indivisible, as has been shown, yet its powers 
are divisible. It is a point of no inconsiderable im- 
portance in discussions of this kind to bear constantly 
in mind the difference between the powers of sover- 
eignty and the great source itself from which these 
powers emanate. The three chief powers of sover- 
eignty when properly divided, may, by appropriate 
classification, be termed the law-making power, the 
law-expounding power, and the law-executing power. 
In all properly constituted governments, the exercise 
of these powers should be confided to distinct, sepa- 
rate, independent, co-equal, and co-ordinate depart- 
ments, known as the legislative, judicial, and execu- 
tive. The powers exercised by each of the-e 
separate and distinct departments are equally sov- 
ereign, and when so divided and exercised they 
constitute the trinity in unity of organized society, 
and present the grandest feature in governmental 
structures. 

Ill In the last view proposed to be taken of the 
subject in this article, it is not intended to go into 
minute details concerning the different forms and 
various types of governments, as exhibited in the his- 
tory of mankind. An outline sketch of their general 
character only is intended. The most marked differ- 
ences between them are those which indicate the pro- 
priety of their being arranged generically into two 
classes — single and confederated. A single govern- 
ment is that of a separate and distinct State or king- 
dom, founded upon the social compact. A confed- 
erated government is that of a union of two or more 
single governments, founded upon what is known as 
the federal compact. Writers usually divide single 
governments into five general kinds, to wit: Mon- 
archies, aristocracies, or oligarchies, as they are 
sometimes styled, democracies, republics, and mixed 
governments, or those partaking of the qualities of 
several of the others, respec ively. Monarchies are 
usually subdivided into various kinds, such as abso- 
lute, limited, hereditary, and elective. Democracies 
are also subdivided into several kinds. Two only of 
these kinds of the latter will be here mentioned — 
pure and representative (see DEMOCRACY). A pure 
democracy is where all questions pertaining to public 
affairs are decided by the body of the people in gen- 
eral assembly convened. A representative democ- 
racy is where the functions of government are per- 
formed by agents, deputies, or delegates selected by 
such electors from the body of the people, as may be 
empowered to make the clioice by the fundamental 
law or constitution. The power of choosing such 
deputies is what is known as the franchise. It is 
an office conferred by organized society, and, there- 
fore, a matter of trust, and not a matter of natural 
right. 

Republics are but a species of democracy, and may 
be subdivided into various kinds. The two most 
general of these kinds are those which distinguish all 
governments — single and confederated. The great 
and leading object of confederation of any sort, appli- 
cable alike to republics and all other forms of govern- 
ment, is the belter to protect and maintain the great 



APPENDIX E.— STEPHENS ON GOVERNMENT. 



931 



inherent right of self-government, or self-determina- 
tion possessed by each of the parties entering into it, 
just as the great and leading object of all single gov- 
ernments formed by the social compact is the belter 
to protect and maintain inviolate the innate, absolute 
and indestructible rights of the individuals entering 
into organized society. What is known as the natural 
rights of individuals corresponds with what may be 
characterized as the sovereign rights of States or 
kingdoms. 

Confederated republics, of some kind, organized 
for these purposes, have existed from the earliest 
times of which history has taken any notice. A 
characteristic feature of all of them, until recently, 
was that under the federal compact no power was 
conferred by the parties to it, upon the conventional 
State thereby created, to act directly in the execution 
of the powers that were conferred upon the individual 
members of society, or citizens of the several repub- 
lics so confederating respectively. This was left to 
the good faith of each of the parties severally, and it 
was found to be a great defect in the workings of this 
kind of confederations. This form of confederation 
is what, by the German publicists, is r.tyled a Staten- 
bund, or States-uni n. To remedy these defects, in 
some degree, another form of confederation has been 
resorted to, characterized by the same writers as a 
Bundeestaat, or federative union, in which the entire 
sovereignty of the separate Slates is merged in the 
new and conventional State so created. It was re- 
served for American statesmen, in the latter part of 
the last century, to remedy the evils of both the Stat- 
enbund and Bundeestaat systems, under what is 
known as the Federal Constitution of 1787, with the 
amendments subsequently ratified in pursuance of its 
provisions. Space will not allow any extensive con- 
sideration of the striking and wonderful new features 
in this model of federal republics. Suffice it to say, 
that, anterior to 1789, when the new Constitution of 
17S7 went into operation, the United States of Amer- 
ica, after the Declaration of their Independence, was 
a confederated republic upon the model of that set 
forth by Montesquieu, Vattel,and others; or, in other 
words, they constituted what the Germans style the 
Siatenbund. The defect or "vice" of this system 
was the want, on the part of the general government, 
of the power to execute by its own functions and ma- 
chinery, the many other specific powers which had 
been conferred upon it, under the first article of con- 
federation. The great fundamental changes made in 
the Constitution of 1787 or 17S9 were the clothing 
of the federal government with this additional power; 
and the creation of the necessary machinery for its 
execution. This required a subdivision of all powers 
conferred upon the general government, limited and 
specific as they were, into legislative, judicial, and 
executive departments, and by the arrangement the 
federal government is now empowered within its 
limited sphere to act as directly upon the citizens of 
the States respectively as die States are on all other 
matters reserved to themselves, and not confided to 
the general government. Another peculiarity of the 
American systems, applicable alike to the general 
and State governments is, that in the subdivision of 
the sovereign powers, before referred to, the judicial 
power is co-ordinate and co-equnl with the others. 
No one of them, in its assigned sphere, is superior to 
the other, in either the federal or State governments. 
This is another new feature in American politics. In 
all other countries where a judiciary exists, it is held 



to be subordinate to what is called the political power 
of the State. This is not so under American institu- 
tions. (See " Constitution," vol. i.) 

In conclusion of this article, suffice it to say, 
in reference to the new American model of a 
Confederated Republic, that it is far in advance of 
anything ever before developed in the annals of 
history. It presents an entirely new species of Con- 
federated Republics. It rests, as the French philoso- 
pher, De Tocqueville, said upon "a wholly novel 
theory, which maybe considered as a great discovery 
in modern political science," and for which there is 
as yet no specific name. His language is : 

" This Constitution, which may at first be con- 
founded with the Federal Constitutions which have 
preceded it, rests, in truth, upon a wholly novel 
theory, which may be considered a-; a great discovery 
in modern political science. In all the Confedera- 
tions which preceded the American Constitution of 
1789, they allied States for a common object, agreed 
to obey the injunctions of a Federal government; 
but they reserved to themselves the right of ordaining 
and enforcing the execution of the laws of the Union. 
The American States which combined in 1789 agreed 
that the Federal government should not only dictate, 
but should execute its own enactments. In both 
cases, the right is the same, but the exercise of the 
right is different, and this difference produced the 
most momentous consequences. The new word," 
said he, " which ought to express this novel thing 
does not yet exist. The human understanding more 
easily invents new things than new words, and we 
are hence constrained to employ many improper and 
inadequate expressions." (See " Constitution of 
U. S.," vol. i.) 

Lord Brougham seems to nave been similarly im- 
pressed with the novel character of our Confedcrale 
Republic in its specific differences from all others 
which had preceded it, when in speaking of it he 
said: " It is not at all a refinement that a Federal 
Union should be formed; this is the natural result 
of men's joint operations in a very rude slate of 
society. But the regulation of such a Union upon 
pre-established principles, the formation of a system 
of government and legislation in which the different 
subjects shall be, not individuals, but States, the 
application of legislative principles to such a body 
of States, and the devising means lor keeping its 
integrity as a Federacy, while the rights and powers 
of the individual States are maintained entire, is the 
very greatest refinement in social policy to which 
any state of circumstances has ever given rise, or to 
which any age has ever given birth." (See Idem.} 

From this exposition very clearly appears the proper 
solution of the vexed question whether the United 
States constitute a nation or not. It is clearly seen 
not only that they do constitute a nation, but also 
what sort of a nation it is. It is not a nation of 
individuals blended in a common mass, with a com- 
mon sovereignty springing from the whole, but a 
nation, the constituent elements or members of which 
are separate and distinct political organizations or 
States united under a Federal compact, on a model 
never before exhibited. It is a nation of States, or 
what is the same thing, a nation of nations — a nation 
of the highest and grandest type ever known among 
men. 

Among the works upon this subject which readers 
can consult with profit may be cited — "Aristotle's 
Politics," Plato's " Republic," Cicero, on the " Com- 



932 



APPENDIX F.— WASHINGTON' S FAREWELL ADDRESS. 



monwealth," Grotius on the " Rights of War and 
Peace," Puffenrlorf on the " Elements of Universal 
Jurisprudence," Montesquieu's "Spirit of Laws," 
Rutherford's " ftistitutes ol Natural Law," Michia- 
velli, and the works of Filmer, Locke, Mackenzie, 
and Sidney oil Government, Rousseau on the 
" Social Compact,*' Vattelon the " Laws of Nations," 
Guizot on " Representative Government," and his 
" History of Civilization," Hallam, and Creasy, and 
De Lolme on the " British Constitution,'' 1 >e Tocque- 
ville's "American Democracy," Lord Brougham's 
" Philosophy of Government," William Smith 
O'Brien, and John Stuart Mill on "Representative 
Government," Tucker's and Sharswood's editions of 
" BlackstOne," John Taylor, in a work entitled 
" Constructor Construed," Calhoun on " Govern- 
ment," ( lalhoun's, Webster's and Hayne's speeches 
in the Senate of the United States in 1830-1833, 
Stephen-' "Constitutional View of the War between 
the States," Dawson's edition of " The Federalist," 
the Madison papers, Elliot's "Debates on the 
Ratification of the Constitution in the several States," 
and Jamison's " Constitutional Convention." 

Alexander 11. Stephens. 



APPENDIX F. 

Farewell Address of George Washington, 
President, to the people of the United 
Sia 1 1 -. September 17, 1796. 

Friends unJ Fellaiu- Citizens: — The period for a 
new election of a citizen to administer the executive 
government of the United States being not far 
distant, and the time actually arrived when your 
thoughts' must be employed in designating the person 
win. is to be clothed with that important trust, it 
appears to me proper, especially as it may conduce 
to a more distinct expression of the public voice, 
that I should now apprise you of the resolution I 
hive formed, to decline being considered among the 
number of those out of whom a choice is to be 
made. 

I beg you, at the same time, to do me the justice 
tc be assured that this resolution has not been taken 
without a strict regard to all the considerations ap- 
pertaining to the relation which binds a dutiful 
citizen to his country; ami. that in withdrawing the 
tender of service, which silence, in my situation, 
might imply, 1 am influenced by no diminution of 
zeal for your future interest ; no deficiency of grate- 
ful respect for your past kindness; but am supported 
by a full conviction that the Step is compatible with 
both. 

The acceptance of, and continuance hitherto in, 
the office to which your suffrages have twice called 
me, have been a uniform sacrifice of inclination to 
the opinion of duty, and to a deference for what ap- 
peared 16 be your desire, I constantly hoped that 
it would have been much earlier in my power, con- 
sistently with motives which I was not at liberty to 
disregard, to return to that retirement from which 
I had been reluctantly drawn. The strength of my 
inclination to do this, previous to the last election, 
had even led to the preparation of an address to 
declare it to you ; hut mature reflection on the then 
perplexed and critical posture of our affairs with 
foreign nations, and the unanimous advice of persons 
entitled to my confidence, impelled me to abandon 
the idea. 



I rejoice that the state of your concerns, external 
as well as internal, no longer renders the pursuit of 
inclination incompatible wiih the sentiment of duty 
or propriety; and am persuaded, whatever partiality 
may he retained for my services, that, in the presi nl 
circumstances of our country, you will not disap- 
prove my determination to retire. 

The impressions with which i first undertook the 
arduous trust were explained on the proper occasion. 
In the discharge of this trust, I will only say, that I 
have with good intentions contributed towards the 
organization and administration of the government 
the best exertions of which a very fallible judgment 
was capable. Not unconscious in the outset of the 
inferiority of my qualifications, experience, in my own 
eyes — perhaps still more in the eyes of others — has 
strengthened the motives to diffidence of myself; and 
every day the increasing weight of years admonishes 
me, more and more, that the shade of retirement is as 
necessary to me as it will be welcome. Satisfied that 
if any circumstances have given peculiar value to my 
services, they were temporary, I have the consolation 
to believe that, while choice and prudence invite 
me to quit the political scene, patriotism does not 
forbid it. 

In looking forward to the moment which is in- 
tended to terminate the career of my public life, mv 
feelings do not permit me to suspend the deep ac- 
knowledgment of that debt of gratitude which I owe 
to my beloved country for the many honors it has 
conferred upon me; still more for the steadfast con- 
fidence with wdiich it has supported me; and for the 
opportunities I have thence enjoyed of manifesting 
my inviolable attachment, by services faithful and 
persevering, though in usefulness unequal to my zeal. 
If benefits have resulted to our country from these 
services, let it always be remembered to your praise, 
and as an instructive example in our annals 'hat, 
under circumstances in which the passions, agitated 
in every direction, were liable to mislead; amidst ap- 
pearances sometimes dubious, vicissitudes of fortune 
often discouraging; in situations in which, not unfie- 
quently, want of success has countenanced the spirit 
of criticism — the constancy of your support was the 
essential prop of the efforts, and a guarantee of the 
plans, by which they were effected. Profoundly 
penetrated with this idea, I shall carry it with me to 
my k'rave, as a strong incitement to unceasing vows, 
that heaven may continue to you the choicest tokens 
of its beneficence; that your union and brotherly af- 
fection may be perpetual; that the free Constitution, 
which is the work of your hands, may he sa< 
maintained; that its administration, in every depart- 
ment, may he stamped with wisdom and virtue; that, 
in fine, the happiness of the people of these States, 
under the auspices of liberty, may be made eom| lete 
by so careful a preservati >n and so prudent a Use of 
this blessing as will acquire to them the glory of re- 
commending it to the applause, the affection, and 
the adoption of every nation which is yet a Stranger 
to it. 

1 [ere, perhaps, I ought to stop; but a solicitude for 
your welfare, which Cannot end but with my life, and 
the apprehension ol danger natural to that solicitude, 
urge me, on an occasion like the present, to offer to 
your solemn contemplation, and to recommend to 
vour frequent review, some sentiments, which are the 
result of much reflection, of no inconsiderable obser- 
vation, and which appear to me all-important to the 
permanency of your felicity as a people. These will 



APPENDIX F.— WASHINGTON'S FAREWELL ADDRESS, 



933 



be nff urded to you with the more freedom, as you can 
only see in them the disinterested warnings of a part- 
ing friend, who can possibly have no personal motive 
to bias his counsel; nor can I forget, as an encourage- 
ment to it, your indulgent reception of my sentiments 
on a former and not dissimilar occasion. 

Interwoven as is the love of liberty with every 
ligament of your hearts, no recommendation of mine 
is necessary to fortify or confirm the attachment. 

The unity of government, which constitutes you 
one people, is also now dear to you. It is justly so; 
for it is a miin pillar in the edifice of your real inde- 
pendence — the support of your tranquillity at home, 
your peace abroad, of your safety, of your prosperity, 
of that very liberty which you so highly prize. But 
as it is easy to foresee that, from different causes and 
from different quarters, much pains will be taken, 
many artifices employed, to weaken in your minds the 
conviction of this truth ; as this is the point in your 
political fortress against which the batteries of inter- 
nal and external enemies will be most constantly and 
actively (though often covertly and insidiously) di- 
rected — it is of infinite moment that you should 
properly estimate the immense value of your national 
union to your collective and individual happiness; 
that you should cherish a cordial, habitual, and im- 
movable attachment to it; accustoming yourselves to 
think and speak of it as of the palladium of your 
political safety and prosperity; watching for its 
preservation with jealous anxiety ; discountenancing 
whatever may suggest even a suspicion that it can, in 
any event, be abandoned ; and indignantly frowning 
upon the first dawning of every attempt to alienate any 
portion of our country from the rest, or to enfeeble the 
sacred ties which now link together the various parts. 

For this you have every inducement of sympathy 
and interest. Citizens, by birth or choice, of a com- 
mon country, that country has a right to concentrate 
your affections. The name of American, which be- 
longs to you in your national capacity, must always 
exalt the just pride of patriotism, more than any ap- 
pellation derived from local discriminations. With 
slight shades of difference, you have the same religion, 
manners, habits, and political principles. You have, 
in a common cause, fought and triumphed together; 
the independence and liberty you possess are the work 
of joint counsels and joint efforts, of common dan- 
gers, sufferings, and successes. 

But these considerations, however powerfully they 
address themselves to your sensibility, are greatly 
outweighed by those which apply more immediately 
to your interest; here every portion of our country 
finds the most commanding motives for carefully 
guarding and preserving the union of the whole. 

The North, in an unrestrained intercourse with the 
South, protected by the equal laws of a common 
government, finds, in the productions of the latter, 
great additional resources of maritime and commer- 
cial enterprise, and precious materials of manufac- 
turing industry. The South, in the same intercourse, 
benefiting by the agency of the North, sees its agri- 
culture grow and its commerce expand. Turning 
partly into its own channels the seamen of the North, 
it finds its particular navigation invigorated ; and 
while it contributes, in different way--, to nourish and 
increase the general mass of the national navigation, 
it looks forward to the protection of a maritime 
strength to which itself is unequally adapted. The 
East, in like intercourse with the West, already finds, 
and in the .progressive improvement of interior com- 



munication, by land and water, will more and more 
find, a valuable vent for the commodities which it 
brings from abroad, or manufactures at home. The 
West derives from the East supplies requisite to its 
growth and comfort; and what is perhaps of still 
greater consequence, it must, of necessity, owe the 
secure enjoyment of indispensable outlets for its own 
productions to the weight, influence, and the future 
maritime strength of the Atlantic side of the Union, 
directed by an indissoluble community of interest as 
one nation. Any other tenure by which the West can 
hold this essential advantage, whether derived from 
its own separate strength or from an apostate and un- 
natural connection with any foreign power, must be 
intrinsically precarious. 

While, then, every part of our country thus feels an 
immediate and particular interest in union, all the 
parts combined cannot fail to find, in the united mass 
of means and efforts, greater strength, greater re- 
source, proportionably greater security from external 
danger, a less frequent interruption of their peace by 
foreign nations; and, what is of inestimable value, 
they must derive from union an exemption from those 
broils and wars between themselves which so fre- 
quently afflict neighboring countries not tied together 
by the same government; which their own rivalships 
alone would be sufficient to produce, but which op- 
posite foreign alliances, attachments and intrigues, 
would stimulate and imbitter. Hence, likewise, they 
will avoid the necessity of those overgrown military 
establishments which, under any form of government, 
are inauspicious to liberty, and which are to be re- 
garded as particularly hostile to republican liberty; in 
this sense it is that your union ought to be considered 
as a main prop of your liberty, and that the love 
of the one ought to endear to you the preservation 
of the other. 

These considerations speak a persuasive language 
to every reflecting and virtuous mind, and exhibit the 
continuance of the Union as a primary object of pa- 
triotic desire. Is there a doubt, whether a common 
government can embrace so large a sphere ? Let 
experience solve it. To listen to mere speculation, 
in such a case, were criminal. We are authorized to 
hope that a proper organization of the whole, with the 
auxiliary agency of governments for the respective 
subdivisions, will afford a happy issue to the experi- 
ment. It is well worth a fair and full experiment. 
With such powerful and obvious motives to union, 
affecting all parts of our country, while experience 
shall not have demonstrated its impracticability, there 
will always be reason to distrust the patriotism of 
those who, in any quarter, may endeavor to weaken 
its bands. 

In contemplating the causes which may disturb our 
Union, it occurs, as a matter of serious concern, that 
any ground should have been furnished for charac- 
terizing parties by geographical discriminations — 
Northern and Southern, Atlantic and Western: 
whence designing men may endeavor to excite a 
belief that there is a real difference of local interests 
and views. One of the expedients of parly to acquire 
influence within particular districts is to misrepresent 
the opinions and aims of other districts. You cannot 
shield yourselves too much against the jealousies and 
heart-burnings which spring from these misrepre- 
sentations; they tend to render alien to each other 
those who ought to be bound together bv fraternal 
affection. The inhabitants of our western country 
have lately had a useful lesson on this head ; they 



934 



APPENDIX F.— WASHINGTON'S FAREWELL ADDRESS. 



have seen in the negotiation by the Executive, and in 
the unanimous ratification by the Senate, of the treaty 
with Spain, and in the universal satisfaction at that 
event throughout the United States, a decisive proof 
how unfounded were the suspicions propagated 
among them, of a policy in (he general government, 
and in the Atlantic Stales unfriendly to their inter- 
ests in regard to the Mississippi: they have been 
witnesses to the formation nf two treaties — that with 
Great Britain and that with Spun, which secure to 
them everything ihey could desire in respect to our 
foreign rel ilions, towards confirming their prosperity. 
Will it not be their wisdom to rely for the preserva- 
tion of these advantages on the Union by which they 
were procured ? Will they not henceforth be deaf to 
those advisers, if such there are, who would sever them 
from their brethren, and connect them with aliens? 

To the efficacy and permanency of your Union, a 
government for the whole is indispensable. No alli- 
ance, however strict between the parts, can be an 
adequate substitute ; they must inevitably experience 
the infractions and interruptions which all alliances, 
in all time, have experienced. Sensible of this mo- 
mentous truth, yon have improved upon your first 
essay, by the adoption of a Constitution of govern- 
ment better calculated than your former for an inti- 
mate Union, and for the efficacious management of 
your common concerns, This government, the off- 
spring of our own choice, uninfluenced and unawed, 
adopted upon lull investigation and mature delibera- 
tion, completely free in its principles, in the distribu- 
tion of its powers, uniting security with energy, and 
containing within itself a provision for its own amend- 
ment, has a just claim to your confidence and your sup- 
port. Respect for its authority, compliance with its 
laws, acquiescence in its measures, are duties enjoined 
by the fundamental maxims of true liberty. The basis 
of our political systems is the right of the people to 
make and to alter their Constitutions of government : 
but the Constitution which at any time exists, till 
changed by an explicit and authentic act of the whole 
people, is sacredly obligatory upon all. The very idea 
of the power, and the right of the people to establish 
government, presupposes the duty of every individual 
to obey the established government. 

All obstructions to the execution of the laws, all 
combinations and associations, under whatever plau- 
sible character with the real design to direct, control, 
counteract, or awe the regular deliberation and action 
of the constituted authorities, are destructive to this 
fundamental principle, and of fatal tendency. They 
serve to organize faction, to give it an artificial and 
extraordinary force, to put in the place of the dele- 
gated will of a nation, the will of a party, often a 
small but artful and enterprising minority of the com- 
munity ; and, according to the alternate triumphs of 
different parties, to make the public administration 
the mirrorof the ill-concert ed and incongruous projects 
of faction, rather than the organ of consistent and 
wholesome pi uis, digested by common counsels, and 
modified by mutual interests. 

However combinations or associations of the above 
description may now and then answer popular ends, 
they are likely, in the course of time and thing-, to 
become potent engines, by which cunning, ambitious, 
and unprincipled men, will be enabled to subvert 
the power of the people, and to usurp for themselves 
the reins of government ; destroying, afterwards, the 
very engines which had lifted them to unjust do- 
minion. 



Towards the preservation of your government, and 
the permanency of your present happy state, it is 
requisite, not only that you steadily discountenance 
irregular oppositions to its acknowledged authority, 
but also that you resist with care the spirit of innova- 
tion upon its principles, however specious the pretexts. 
One method of assault may lie to effect, in the forms 
of the Constitution, alterations which will impair the 
energy of the system, and thus to undermine what 
cannot be directly overthrown. In all the changes to 
which you may be invited, remember that time and 
habit are at least as necessary to fix the true character 
of governments as of other human institutions ; that 
experience is the surest standard by which to test the 
real tendency of the existing Constitution of a country ; 
that facility in changes, upon the credit of mere hy- 
pothesis and opinion, exposes to perpetual change, 
from the endless variety of hypothesis and opinion ; 
and remember, especially, that for the efficient man- 
agement of your common interests, in a country so 
extensive as ours, a government of as much vigor as 
is consistent with the perfect security of liberty, is 
indispensable. Liberty itself will find in such a gov- 
ernment, with powers properly distributed and ad- 
justed, its surest guardian. It is, indeed, little else 
than a name, where the government is too feeble to 
withstand the enterprises of faction, to confine each 
member of the society within the limits prescribed by 
the laws, and to maintain all in the secure and tranquil 
enjoyment of the rights of person and property. 

I have already intimated to you the danger of 
parties in the State, with particular reference to the 
founding of them on geographical discriminations. 
Let me now take a more comprehensive view, and 
warn you, in the most solemn manner, against the 
baneful effects of the spirit of party generally. 

This spirit, unfortunately, is inseparable from our 
nature, having its root in the strongest passions of the 
human mind. It exists under different shapes, in all 
governments, more or less stifled, controlled, or re- 
pressed ; but in those of the popuiar form it is seen 
in its greatest rankness, and is truly their worst 
enemy. 

The alternate domination of one faction over an- 
other, sharpened by the spirit of revenge, natural to 
party dissension, which, in different ages and coun- 
tries, has perpetrated the most horrid enormities, is 
itself a frightful despotism. But this leads, rit length, 
to a more formal and permanent despotism. The 
disorders and miseries which result, gradually incline 
the minds of men to seek security and repose in the 
absolute power of an individual ; and, sooner or later, 
the chief of some prevailing faction, more able or 
more fortunate than his competitors, turns this dispo- 
sition to the purposes of his own elevation on the 
ruins of public liberty. 

Without looking forward to an extremity of this 
kind (which, nevertheless, ought not to be entirely 
out of sight), the common and continual mischiefs 
of the spirit of party are sufficient to make it the 
interest and duty of a wise people to discourage and 
restrain it. 

It serves always to distract the public councils, and 
enfeeble the public administration. It agitates the 
community with ill-founded jealousies and false 
alarms; kindles the animosity of one part against an- 
other; foments, occasionally, not and insurrection. 
It opens the door to foreign influence and corruption, 
which find a facilitated access to the government 
itself, through the channels of party passions. Thus 



APPENDIX F.— WASHINGTON'S FAREWELL ADDRESS. 



935 



the policy and the will of one country are subjected 
to the policy and will of another. 

There is an opinion that parties, in free countries, 
are useful checks upon the administration of the gov- 
ernment, and serve to keep alive the spirit of liberty. 
This, within certain limits, is probably true ; but in 
governments of a monarchical cast, patriotism may 
look with indulgence, if not with favor, upon the 
spirit of party. Bui in those of the popular character, 
in governments purely elective, it is a spirit not to be 
encouraged. From their natural tendency, it is cer- 
tain there will always be enough of that spirit for 
every salutary purpose. And there being constant 
danger of excess, the effort ought to be, by force of 
public opinion, to mitigate and assuage it. A fire not 
to be quenched, it demands a uniform vigilance to 
prevent its bursting into a flame, lest, instead of warm- 
ing, it should consume. 

It is important, likewise, that the habits of thinking, 
in a free country, should inspire caution in those in- 
trusted with its administration, to confine themselves 
within their respective Constitutional spheres, avoid- 
ing, in the exercise of the powers of one department, 
to encroach upon anothei. The spirit of encroach- 
ment tends to consolidate the powers of all the de- 
partments in one, and thus to create, whatever the 
form of government, a real despotism. A just esti- 
mate of that love of power, and proneness to abuse 
it which predominates in the human heart, is sufficient 
to satisfy us of the truth of this position. The neces- 
sity of reciprocal checks in the exercise of political 
power, by dividing and distributing it into different 
depositories, and constituting each the guardian of 
the public weal, against invasions by the others, has 
been evinced by experiments, ancient and modern; 
some of them in our own country, and under our own 
eyes. To preserve them must be as necessary as to 
institute them. If, in the opinion of the people, the 
distribution or modification oi the Constitutional 
powers be, in any particular, wrong, let it be cor- 
rected by an amendment in the way which the Con- 
stitution designates. Rut let there be no change by 
usurpation; for though this, in one instance, may be 
the instrument of good, it is the customary weapon 
by which free governments are destroyed. The pre- 
cedent must always greatly overbalance, in permanent 
evil, any partial or transient benefit which the use can, 
at any time, yield. 

Of all the dispositions and habits which lead to 
political prosperity, religion and morality are indis- 
pensable supports. In vain would that man claim 
the tribute of patriotism, who should labor to subvert 
these great pillars of human happiness, these firmest 
props of the duties of men and citizens. The mere 
politician, equally with the pious man, ought to re- 
spect and to cherish them. A volume could not 
trace all their connections with private and public 
felicity. Let it simply be asked, where is the security 
for property, for reputation, for life, if the sense of 
religious obligation desert the oaths which are the 
instruments of investigation in courts of justice ? 
And let us with caution indulge the supposition, that 
morality can be maintained without religion. What- 
ever may be conceded to the influence of refined 
education on minds of peculiar structure, reason and 
experience both forbid us to expect that national 
morality can prevail in exclusion of religious princi- 
ples. 

It is substantially true, that virtue or morality is a 
necessary spring of popular government. The rule, 



indeed, extends with more or less force to every 
species of free government. Who, that is a sincere 
friend to it, can look with indifference upon attempts 
to shake the foundation of the fabric ? 

Promote, then, as an object of primary importance, 
institutions for the general diffusion of knowledge. 
In proportion as the structure of a government gives 
force to public opinion, it is essential that public 
opinion should be enlightened. 

As a very important source of strength and security, 
cherish public credit. One method of preserving it 
is to use it as sparingly as possible; avoiding occa- 
sions of expense by cultivating peace, but remember- 
ing also that timely disbursements to prepare for 
danger, frequently prevent much greater disburse- 
ments to repel it; avoiding, likewise, the accumula- 
tion of debt, not only by shunning occasions of 
expense, but by vigorous exertions in time of peace 
to discharge the debts which unavoidable wars may 
have occasioned ; not ungenerously throwing upon 
posterity the burden which we ourselves ought to 
bear. The execution of these maxims belongs to 
your representatives, but it is necessary that public 
opinion should co-operate. To facilitate to them the 
performance of their duty, it is essential that you 
should practically bear in mind, that towards the 
payment of debts there must be revenue ; that to 
have revenue there must be taxes ; that no taxes can 
be devised, which are not more or less inconvenient 
and unpleasant ; that the intrinsic embarrassment 
inseparable from the selection of the proper objects 
(which is always a choice of difficulties), ought to be 
a decisive motive for a candid construction of the 
conduct of the government in making it, and for a 
spirit of acquiescence in the measures for obtaining 
revenue, which the public exigencies may at any time 
dictate. 

Observe good faith and justice towards all nations; 
cultivate peace and harmony with all ; religion and 
morality enjoin this conduct ; and can it be that good 
policy does not equally enjoin it? It will be worthy 
of a free, enlightened, and, at no distant period, a 
great nation, to give to mankind the magnanimous 
and too novel example of a people always guided by 
an exalted justice and benevolence. Who can doubt 
that, in the course of time and things, the fruits of 
such a plan would richly repay any temporary advan- 
tages which might be lost by a steady adherence to it ? 
Can it be that Providence has not connected the per- 
manent felicity of a nation with its virtue? The 
experiment, at least, is recommended by every senti- 
ment which ennobles human nature. Alas! is it 
rendered impossible by its vices ? 

In the execution of such a plan, nothing is more 
essential than that permanent inveterate antipathies 
against particular nations, and pa>sionate attachments 
for others, should be excluded; and that, in place of 
them, just and amicable feelings towards all should 
be cultivated. The nation which indulges towards 
another an habitual hatred, or an habitual fondness, 
is, in some degree, a slave. It is a slave to its ani. 
mosity or to its affection; either of which is sufficient 
to lead it astra> from its duty and its interest. An- 
tipathy in one nation against another, disposes each 
more readily to offer insult and injury, to lay hold of 
slight causes of umbrage, and to be haughty and in- 
tractable, when accidental or trifling occa>ii>ns of 
dispute occur. Hence frequent collisions, obstinate, 
envenomed, and bloody contests. The nation, 
prompted by ill will and resentment, sometimes im« 



936 



APPENDIX /".— //. 4SH/NG TON'S FAREWELL ADDRESS. 



pels to war the government, contrary tn the best cal- 
culations of policy. The government sometimes 
participates in the national propensity, and adopts, 
through passion, what reason would reject; at other 
times it makes the animosity of the nation subservient 
to projects of hostility, instigated by pride, ambition, 
and other sinister and pernicious motives. The peace 
often, sometimes perhaps the liberty, of nations has 
been the victim. 

So, likewise, a passionate attachment of one nation 
to another produces a variety of evils. Sympathy for 
the favorite nation, facilitating the illusion of an im- 
aginary common interest, in cases where no real com- 
mon interest exists, and infusing into one the enmities 
of the other, betrays the former into a participation 
in the quarrels and wars of the latter, without ade- 
quate inducement or justification. It leads also to 
concessions to the favorite nation of privileges denied 
to others, which is apt doubly to injure the nation 
making the concessions; by unnecessarily parting 
with what ought to have been retained, and by excit- 
ing jealousy, ill will, and a disposition to retaliate, in 
the parties from whom equal privileges are withheld; 
and it gives to ambitious, corrupted, or deluded citi- 
zens (who devote themselves to the favorite nation), 
facility to betray, or sacrifice the interest of their own 
country, without odium; sometimes even with popu- 
larity; gilding with the appearance of a virtuous sense 
ot obligation, a commendable deference for public 
opinion, or a laudable zeal for public good, the base 
or fooiish compliances of ambition, corruption, or 
infatuation. 

As avenues to foreign influence in innumerable 
ways, such attachments are particularly alarming to 
the truly enlightened and independent patriot. How 
many opportunities do they afford to tamper with do- 
mestic factions, to practise the art of seduction, to 
mislead public opinion, to influence or awe the public 
councils! Such an attachment of a small or weak 
towards a great and powerful nation dooms the for- 
mer to be the satellite of the latter. 

Against the insidious wiles of foreign influence (I 
conjure you to believe me, tel low-citizens) the jealousy 
of a free people ought to be constantly awake; since 
history and experience prove that foreign influence is 
one of the most baneful foes of republican govern- 
ment. But that jealousy, to be useful, must be im- 
partial ; else it becomes the instrument of the very 
influence to be avoided, instead of a defence against 
it. Excessive partiality for one foreign nation, and 
excessive dislike for another, cause those whom they 
actuate to see danger only on one side, and serve to 
veil, and even second, the arts of influence on the 
other. Real patriots, who may resist the intrigues 
of the favorite, are liable to become suspected and 
odious; while its tools and dupes usurp the applause 
and confidence of the people, to surrender their 
interests. 

The great rule of conduct for us, in regard to for- 
eign nations, is, in extending our commercial rela- 
tion,, to have with them as little political connection 
as pos ible. So far as we have already formed en- 
gagements, let them be fulfilled with perfect good 
faith. Here let us stop. 

Europe has a set of prim try interests, which to us 
have none, or a very remote relation. Hence she 
must be engaged in frequent controversies, the causes 
of which are essentially foreign to our concerns. 
Hence.therefore.it must be unwise in us to implicate 
ourselves, by artificial ties, in the ordinary vicissitudes 



of her politics, or the ordinary combinations and col- 
lisions of her friendships or eraniti 

Our detached and distant situation invites ami en- 
ables us to pursue a different course. If we remain 
one people, under an efficient government, the period 
is not far off when we may defy material injurv from 
external annoyance; when we may take such an atti- 
tude as will cause the neutrality we may at any time 
resolve upon, to be scrupulously respected; when 
belligerent nations, under the impossibility of making 
acquisitions upon us, will not lightly hazard the 
giving us provocation; when we may choose peace 
or war, as our interest, guided by justice, shall 
counsel. 

Why forego the advantages of so peculiar a situa- 
tion? Why quit our own to stand upon foreign 
ground? Why, by interweaving our destiny with 
that of any part of Europe, entangle our peace and 
prosperity in the toils of European ambition, rival- 
ship, interest, humor, or caprice ? 

It is our true policy to steer clear of permanent al- 
liances with any portion of the foreign world ; so far, 
I mean, as we are now at liberty to do it ; foi let me 
not be understood as capable of patronising infidelity 
to existing engagements. I hold the maxim no less 
applicable to public than to private affairs, that hon- 
esty is always the best policy. I repeat it, therefore, 
let those engagements be observed in their genuine 
sense. But, in my opinion, it is unnecessary, and 
would be unwise to extend them. 

Taking care always to keep ourselves, by suitable 
establishments, on a respectable defensive posture, we 
may safely trust to temporary alliances for extraordi- 
nary emergencies. 

Harmony, and a liberal intercourse with all nations, 
are recommended by policy, humanity, and interest. 
But even our commercial policy should bold an equal 
and impartial hand; neither seeking nor granting ex- 
clusive favors or preferences; consulting tiie natural 
course of things; diffusing and diversifying, by gentle 
means, the streams of commerce, but forcing nothing; 
establishing, with powers so disposed, in order to 
give trade a stable course, to define the rights of our 
merchants, and to enable the government to support 
them, conventional rules of intercourse, the best that 
present circumstances and mutual opinions will per- 
mit, but temporary, and liable to be, from time to 
time, abandoned or varied, as experience and circum- 
stances shall dictate; constantly keeping in view, that 
it is folly in one nation to look for disinterested favors 
from another; that it must pay, with a portion of its 
independence, for whatever it may accept under that 
character; that by such acceptance it may place itself 
in the condition of having given equivalents for nomi- 
nal favors, and yet of being reproached with ingrati- 
tude for not giving more. There can be no greater 
error than to expect, or calculate upon, real favors 
from nation to nation. It is an illusion which 
experience must cure, which a just pride ought to 
discard. 

In offering to you, my countrymen, these counsels 
of an old and affectionate friend, 1 dare not hope 
they will make the strong and lasting impression I 
could wish; that they will control the Usual current 
of the passions, or prevent our nation from running 
the course which has hitherto marked the destiny of 
nations; but if I may even flatter myself that they 
may be productive of some partial benefit, some oc- 
casional good; that they in iv now and then recur to 
moderate the fury of party spirit, to warn against the 



APPENDIX G.— KENTUCKY RESOLUTIONS OE 1798. 



M7 



mischiefs of foreign intrigues, to guard against the 
impostures of pretended patriotism; this hope will be 
a full recompense for the solicitude for your welfare 
by which they have been dictated. 

How far, in the discharge of my official duties, I 
have been guided by the principles which have been 
delineated, the public records, and other evidences 
of my conduct, must witness to you and the world. 
To myself, the assurance of my own conscience is, 
that I have at least believed myself to be guided by 
them. 

In relation to the still subsisting war in Europe, 
my proclamation of the 22(1 of Aprd, 1793, is the in- 
dex to my plan. Sanctioned by your approving voice, 
and by that of your Representatives in both Houses 
of Congress, the spirit of that measure has continually 
governed me, uninfluenced by any attempts to deter 
or divert me from it. 

After deliberate examination, with the aid of the 
best lights I could obtain, I was well satisfied that 
our country, under all the circumstances of the case, 
had a right to take, and was bound in duty and in- 
terest to take, a neutral position. Having taken it 
I determined, as far as should depend upon me, 
to maintain it with moderation, perseverance, and 
firmness. 

The considerations which respect the right to 
hold this conduct, it is not necessary on this oc- 
casion to detail. I will only observe, that, ac- 
cording to my understanding of the matter, that 
right, so far from being denied by any of the 
belligerent powers, has been virtually admitted 
by ail. 

The duty of holding a neutral conduct may be in- 
ferred, without anything more, from the obligation 
which justice and humanity impose on every nation, 
in cases in which it is free to act, to maintain invio- 
late the relations of peace and amity towards other 
nations. 

The inducements of interest, for observing that 
conduct, will best be referred to your own reflections 
and experience. With me, a predominant motive 
has been to endeavor to gain time to our country to 
settle and mature its yet recent institutions, and to 
progress, without interruption, to that degree of 
strength and consistency which is necessary to give 
it, humanly speaking, the command of its own 
fortunes. 

Though, in reviewing the incidents of my admin- 
istration, I am unconscious of intentional error; I 
am, nevertheless, too sensible of my defects not to 
think it probable that I may have committed many 
errors. Whatever they may be, I fervently beseech 
the Almightv to avert or mitigate the evils to which 
they may tend. I shall also carry with me the hope 
that my country will never cease to view them with 
indulgence; and that, after forty-five years of my life 
dedicated to its service with an upright zeal, the 
faults of incompetent abilities will be consigned to 
oblivion, as myself must soon be to the mansions of 
rest. 

Relying on its kindness in this, as in other things, 
and actuated by that fervent love towards it which is 
so natural to a man who views in it the native soil 
of himself and his progenitors for several generations, 
I anticipate, with pleasing expectation, that retreat in 
which I promise myself to realize, without alloy, the 
sweet enjovment of partaking, in the midst of my 
fellow-citizens, the benign influence of good laws 
under a free government — the ever-favorite object of 



my heart — and the happy reward, as I trust, of our 
mutual cares, labors, and dangers. 

George Washington. 
United States, 17 th September, 1796. 

APPENDIX G. 

Jefferson's Draft of Kentucky Resolutions 
of 1798. 

1. Resolved, That the several States composing the 
United States of America are not united on the prin- 
ciple of unlimited submission to their General Gov- 
ernment; but that, by a compact under the style and 
title of a Constitution for the United States, and of 
Amendments thereto, they constituted a General Gov- 
ernment for special purposes — delegated to that gov- 
ernment certain definite powers, reserving, each State 
to itself, the residuary mass of right to their own self- 
government ; and that whensoever the General Gov- 
ernment assumes undelegated powers, its acts are 
unauthoritative, void, and of no force: that to this 
compact each State acceded as a State, and is an in- 
tegral party, its co-States forming, as to itself, the 
other party: that the government created by this com- 
pact was not made the exclusive or final judge of the 
extent of the powers delegated to itself; since that 
would have made its discretion, and not the Consti- 
tution, the measure of its powers; but that, as in all 
other cases of compact among powers having no com- 
mon judge, each party has an equal right to judge for 
itself, as well of infractions as of the mode and meas- 
ure of redress. 

2. Resolved, That the Constitution of the United 
States, having delegated to Congress a power to pun- 
ish treason, counterfeiting the securities and current 
coin of the United States, piracies, and felonies com- 
mitted on the high seas, and offences against the law 
of nations, and no other crimes whatsoever; and it 
being true, as a general principle, and one of the 
amendments to the Constitution having also declared, 
that " the powers not delegated to the United States 
by the Constitution, nor prohibited by it to the States, 
are reserved to the States respectively, or to the 
people," therefore the act of Congress, passed on the 
14th day of July, 1798, and intituled, "An act in ad- 
dition to the act intituled An act for the punishment 
of certain crimes against the United States," as also 

the act passed by them on the clay of June, 1798, 

intituled, "An act to punish frauds committed on the 
bank of the United States" (and all their other acts 
which assume to create, define, or punish crimes, 
other than those so enumerated in the Constitution), 
are altogether void, and of no force ; and that the 
power to create, define, and punish such other crimes 
is reserved, and, of right, appertains solely and ex- 
clusively to the respective States, each within its own 
territory. 

3. Resolved, That it is true as a general principle, 
and is also expressly declared by one of the amend- 
ments to the Constitution, that "the powers not dele- 
gated to the United Slates by the Constitution, nor 
prohibited by it to the Stales, are reserved to the 
States respectively, or to the people ; " and that no 
power over the freedom of religion, freedom of speech, 
or freedom of the press being delegated to the United 
States by the Constitution, nor prohibited by it to the 
States, all lawful powers respecting the same did of 
right remain, and were reserved to the States or the 
people: that thus was manifested their determination 



933 



APPENDIX C— KENTUCKY RESOLUTIONS OF i; 



to retain to themselves the right of judging how far 
the licentiousness of speech, and of the press, may 
be abridged without lessening their useful freedom, 
and how far those abuses which cannot be separated 
from their use should be tolerated, rather than the 
use lie destroy* d. And thus also they guarded against 
all abridgment by the United Stales of the freedom 
of religious opinions and exercises, and retained to 
themselves the right of protecting the same, as this 
State, by a law passed on the general demand of 
its citizens, had already protected them from all 
human restraint or interference. And that in addi- 
tion to this general principle and express declaration, 
another and more special provision has been made by 
one of the amendments to the Constitution, which 
expressly declares, that "Congress shall make no law 
respecting an establishment of religion, or prohibiting 
the free exercise thereof, or abridging the freedom of 
speech, or of the press:" thereby guarding in the 
same sentence, and under the same words, the free- 
dom of religion, of speech, and of the press: inso- 
much, that whatever violated either, throws down the 
sanctuary which covers the others, and that libels, false- 
hood, and defamation, equally with heresy and false 
religion, are withheld from the cognizance of Federal 
tribunals. That, therefore, the act of Congress of 
the United States passed on the 14th day of. July, 
1798, intituled "An act in addition to the act intituled 
an act for the punishment of certain crimes against 
the United States," which does abridge the freedom 
of the press, is not law, but is altogether void, and of 
no force. 

4. Resolved, That alien friends are under the juris- 
diction and protection of the laws of the State wherein 
they are : that no power over them has been dele- 
gated to the United States, nor prohibited to the in- 
dividual States, distinct from their power over citi- 
zens. And it being true as a general principle, and 
one of the amendments to the Constitution having 
also declared, that "the powers not delegated to the 
United States by the Constitution, nor prohibited by 
it to the States, are reserved to the States respectively, 
or to the people," the act of the Congress of the 

United States, passed on the day of July, 1798, 

intituled "An act concerning aliens," which assumes 
powers over alien friends, not delegated by the Con- 
stitution, is not law, but is altogether void, and of no 
force. 

5. Resolved, That in addition to the general prin- 
ciple, as well as the express declaration, that powers 
not delegated are reserved, another and more special 
provision, inserted in the Constitution from abundant 
caution, has declared that " the migration or importa- 
tion of such persons as any of the States now existing 
shall think proper to admit, shall not be prohibited 
by the Congress prior to the year 1S08:" that this 
Commonwealth does admit the migration of alien 
friends, described as the subject of the said act con- 
cerning aliens: that a provision against prohibiting 
their migration is a provision against all acts equiva- 
lent thereto, or it would be nugatory: that to remove 
them when migrated, is equivalent to a prohibition 
of their migration, and is, therefore, contrary to 
the said provision of the Constitution, and void. 

6. Resolved, That the imprisonment of a person 
under the protection of the laws of this Common- 
wealth, on his failure to obey the simple order of the 
President to depart out of the United States, as is 
undertaken by said act, intituled "An act concerning 
aliens," is contrary to the Constitution, one amend- 



ment to which has provided that " no person shall be 
deprived of liberty without due process of law ; '' 
and that another having provided, that " in all 
criminal prosecutions, the accused shall enjoy the 
right to public trial, by an impartial jury, to be 
informed of the nature and cause of the accusation, 
to be confronted with the witnesses against him, to 
have compulsory process for obtaining witnesses in 
his favor, and to have the assistance of counsel (i r 
his defence," the same act, undertaking lo authorize 
the President to remove a person out of the United 
States, who is under the protection of the law, on his 
own suspicion, without accusation, without jury, 
without public trial, without confrontation of the 
witnesses against him, without hearing w itnesses in 
his favor, without defence, without counsel, is con- 
trary to the provision also of the Constitution, is 
therefore not law, but utterly void, and of no force; 
that transferring the power of judging am- person, 
who is under the protection of the laws, from the 
courts to the President of the United Slates, as is 
undertaken by the same act concerning aliens, is 
against the article of the Constitution which provides 
that "the judicial power of the United States shall be 
vested in courts, the judges of which shall hold their 
offices during good behavior;" and that the said act 
is void for that reason also. And it is furlher to be 
noted, that this transfer of judiciary power is to that 
magistrate of the general government who already 
possesses all the executive, and a negative on all 
legislative powers. 

7. Resolved, That the construction applied by the 
general government (as is evidenced by sundry of 
their proceedings) to those parts of the Constitution 
of the United States which delegate to Congress a 
power " to lay and collect taxes, duties, imposts, and 
excises, to pay the debts and provide for the common 
defence and general welfare of the United States," 
and " to make all laws which shall be necessary and 
proper for carrying into execution the powers vested 
by the Constitution in the government of the United 
States, or in any department or officer thereof," goes 
to the destruclion of all limits prescribed to their 
power by the Constitution : that words meant by the 
instrument to be subsidiary only to the execution of 
limited powers, ought not to be so construed as 
themselves to give unlimited powers, nor a part to be 
so taken as to destroy the whole residue of that in- 
strument : that the proceedings of the general gov- 
ernment under color of these articles, will be a fit 
and necessary subject of revisal anil correction, at a 
time of greater tranquillity, while those specified in 
the preceding resolutions call for immediate redress. 

8. Resolved, That a committee of conference and 
correspondence be appointed, who shall have in 
charge to communicate the preceding resolutions to 
the Legislatures of the several States; to assure them 
that this Commonwealth continues in ihe same esteem 
of their friendship and union which it has manifested 
from that moment at which a common danger first 
suggested a common union : that il considers union 
lor specified national purposes, and particularly to 
those specified in their late Federal compact, to be 
friendly to the peace, happiness and prosperity of all 
the States : that faithful to that compact, according 
to the plain intent and meaning in which it was 
understood and acceded to by the several parties, it 
is sincerely anxious for its preservaiion ; that it does 
also believe, that to take from the Stales all the 
powers of self-government and transfer them to a 



APPENDIX C— KENTUCKY RESOLUTIONS OE 1798. 



939 



general and consolidated government, without regard 
to the special delegations and reservations solemnly 
agreed to in thai compact, is not for the peace, hap- 
piness or prosperity of these Slates ; and that there- 
fore this Commonwealth is determined, as it doubts 
not its co-States are, to submit to undelegated, and 
consequently unlimited powers in no man, or body 
of men on earth : that in cases of an abuse of the 
delegated powers, the members of the general gov- 
ernment, being chosen by the people, a change by the 
people would be the constitutional remedy ; but, 
where powers are assumed winch have not been del- 
egated, a nullification of the act is the rightful 
remedy : that every State has a natural right in cases 
not within the compact {casus non f<xderis),\.a nullify 
of their own authority all assumptions of power by 
others within their limits: that without this right, 
they would be under the dominion, absolute and 
unlimited, of whosoever might exercise this right of 
judgment for them : that nevertheless, this Common- 
wealth, from motives of regard and respect for its 
co-States, has wished to communicate with them on 
the subject : that with them alone it is proper to 
communicate, they alone being parties to the compact, 
and solely authorized to judge in the last resort of 
the powers exercised under it, Congress being not 
a party, but merely the creature of the compact, and 
subject as to its assumptions of power to the final 
judgment of those by whom, and for whose use itself 
and its powers were all created and modified : that 
if the acts before specified should stand, these con- 
clusions would flow from them ; that ihe general 
government may place any act they think proper on 
the list of crimes, and punish it themselves whether 
enumerated or not enumerated by the Constitution as 
cognizable by them : that they may transfer its cogni- 
zance to the President, or any other person, who may 
himself be the accuser, counsel, judge and jury, 
whose suspicions may be the evidence, his order the 
sentence, his officer the executioner, and his breast 
the sole record of the transaction : that a very nu- 
merous and valuable description of the inhabitants of 
these States being, by this precedent, reduced, as 
outlaws, to the absolute dominion of one man, and 
the barrier of the Constitution thus swept away from 
us all, no rampart now remains against the passions 
and the powers of a majority in Congress to protect 
from a like exportation, or other more grievous pun- 
ishment, the minority of the same body, the Legisla- 
tures, judges, governors, and counsellors of the States, 
nor their other peaceable inhabitants, who may ven- 
ture to reclaim the constitutional rights and liberties 
of the States and people, or who for other causes, 
good or bad, may be obnoxious to the views, or 
marked by the suspicions of the President, or be 
thought dangerous to his or their election, or other 
interests, public or personal: that the friendless alien 
has indeed been selected as the safest subject of a 
first experiment; but the citizen will soon follow, or 
rather, has already followed, for already has a sedi- 
tion act marked him as its prey: that these and 
successive ads of the same character, unless arrested 
at the threshold, necessarily drive these States into 
revolution and blood, and will furnish new calumnies 
against republican government, and new pretexts for 
those who wish it to be believed that man cannot be 
governed but by a rod of iron ; that it would be a 
dangerous delusion were a confidence in the men of 
our choice to silence our fears for the safety of our 



rights ; that confidence is everywhere the parent of 
despotism — free government is founded in jealousy, 
and not in confidence; it is jealousy and not confi- 
dence, which prescribes limited Constitutions, to bind 
down those whom we are obliged to trust with power: 
that our Constitution has accordingly fixed the limits 
to which, and no further, our confidence may go ; 
and let the honest advocate of confidence read the 
Alien and Sedition acts, and say if the Constitution 
has not been wise in fixing limits to the government 
it created, and whether we should be wise in destroy- 
ing those limits. Let him say what the government 
is, if it be not a tyranny, which the men of our choice 
have conferred on our President, and the President 
of our choice has assented to, and accepted over the 
friendly strangers to whom the mild spirit of our 
country and its laws have pledged hospitality and 
protection : that the men of our choice have more 
respected the bare suspicions of the President, than 
the solid right of innocence, the claims of justifica- 
tion, the sacred force of truth, and the forms and 
substance of law and justice. In questions of power, 
then, let no more be heard of confidence in man, but 
bind him down from mischief by the chains of the 
Constitution. • That this Commonwealth does there- 
fore call on its co-States for an expression of their 
sentijnents on the acts concerning aliens, and for the 
punishment of certain crimes hereinbefore specified, 
plainly declaring whether these acts are or are not 
authorized by the Federal compact. And it doubts 
not that their sense will be so announced as to prove 
their attachment unaltered to limited government, 
whether general or particular. And that the rights 
and liberties of their co-States will be exposed to no 
dangers by remaining embarked in a common bot- 
tom with their own. That they will concur with 
this Commonwealth in considering the said acts as so 
palpably against the Constitution as to amount to an 
undisguised declaration that that compact is not meant 
to be the measure of the powers of the General Gov- 
ernment, but that it will proceed in the exercise over 
these States, of all powers whatsoever: that they will 
view this as seizing the rights of the States, and con- 
solidating them in the hands of the General Govern- 
ment, with a power assumed to bind the States (not 
merely as the cases made Federal (casus fa-deris), 
but), in all cases whatsoever, by laws made, not with 
their consent, but by others agains': their consent : 
that this would be to surrender the form of govern- 
ment we have chosen, and live under one deriving 
its powers from its own will, and not from our au- 
thority ; and that the co-States, recurring to their 
natural right in cases not made Federal, will concur 
in declaring these acts void, and of no force, and 
will each take measures of its own for providing that 
neither these acts, nor any others of the General Gov- 
ernment, not plainly and intentionally authorized by 
the Constitution, shall be exercised within their re- 
spective territories. 

9. Resolved, That the said committee be authorized 
to communicate by writing or personal conferences, 
at any times or places whatever, with any person or 
persons who may be appointed by any one or more 
co-States to correspond or confer with *hem; and that 
they lay their proceedings before the next session of 
Assembly.* 



♦Jefferson's Complete Works, vol. ix., page 464. 



Q4C 



APPENDIX C— VIRGINIA RESOLUTIONS OF 179S. 



VIRGINIA RESOLUTIONS OF 1798-99. 

PEFINING THE KI< .l£ is OF THE STATES, AMD MADI- 
SON'S REPORT THEREON,. 

In the Virginia House of Delegates, \ 
Friday, Dec. 21, 1798. J 

Resolved, That the General Assembly of Virginia 
doth unequivocally express a linn resolution to main- 
tain and defend the Constitution of the United States, 
and the Constitution of this State, against every ag- 
gression either foreign or domestic ; and that they 
will support the Government of the United States in 
all measures warranted by the former. 

That this Assembly most solemnly declares a warm 
attachment to the Union of the Slates, to maintain 
which it pledges its powers; and that, for this end, 
it is their duty to watch over ami oppose every infrac- 
tion if those principles which constitute the only basis 
of that Union, because a faithful observance of them 
can alone secure its existence and the public hap- 
piness. 

That this Assembly doth explicitly and peremp- 
torily declare, that it views the powers of the Federal 
Government, as resulting from the compact to which 
the States are parties, as limited by the plain sense 
and intention of the instrument constituting that com- 
pact, as no further valid than they are authorized by 
the grants enumerated in that compact ; and that, in 
case of a deliberate, palpable, and dangerous exer- 
cise of other powers, not granted by the said compact, 
the States who are parties thereto have the right, and 
are in duty bound, to interpose, for arresting the pro- 
gress of the evil, and for maintaining, within their 
respective limits, the authorities, rights and liberties 
appertaining to them. 

That the General Assembly doth also express its 
deep regret, that a spirit has, in sundry instances, 
been manifested by the Federal Government to en- 
large its powers by forced constructions of the consti- 
tutional charter which defines them; and that indica- 
tions have appeared of a design to expound certain 
general phrases (which, having been copied from the 
very limited grant of powers in the former Articles 
Qt Confederation, were the less liable to be miscon- 
strued) so as to destroy the meaning and effect of the 
particular enumeration which necessarily explains 
and limits the general phrases, and so as to consolidate 
the States, by degrees into one Sovereignty, the obvi- 
ous tendency and inevitable result of which would 
be, to transform the present republican system of the 
United States into an absolute, or, at best, a mixed 
monarchy. 

That the General Assembly doth particularly pro- 
test against the palpable and alarming infractions of 
the Constitution, in the two late cases of the "Alien 
and Sedition acts," passed at the last session of Con- 
gress; the first of which exercises a power nowhere 
delegated to the Federal Government, and which, by 
uniting legislative and judicial powers to those of 
executive, subverts the general principles of free gov- 
ernment, as well as the particular organization and 
positive 1 provisions of the Federal Constitution; and 
the other of which acts exercises, in like manner, a 
DOwet not delegated by the Constitution, but, on the 
contrary, expressly and positively forbidden by one 
of the amendments thereto; a power which, more 
than any other, ought to produce universal alarm, be- 
cause it is levelled against the right of freely examin- 
ing public characters and measures, and of free 



communication among the people thereon, which lias 
ever been justly deemed the only eitectual guardian 
of every other right. 

That this State having by its convention, which 
ratified the Federal Constitution, expressly declared, 
that among other essential rights "the liberty of con- 
science and the press cannot be cancelled, abridge!, 
restrained, or modified by any authority of the United 
States," and from its extreme anxiety to guard these 
rights from every possible attack of sophistry and 
ambition, having with other States recommended an 
amendment for that purpose, which amendment was, 
in due time, annexed to the Constitution, it would 
mark a reproachful inconsistency and criminal de- 
generacy, if an indifference were now shown to the 
most palpable violation of one of the rights thus de- 
clared and secured; and to the establishment of a 
precedent which may be fatal to the other. 

That the good people of this Commonwealth 
having ever felt, and continuing to feel the mosl sin- 
cere affection for their brethren of the other States; 
the truest anxiety for establishing and perpetuating 
the union of all; and the most scrupulous fidelity to 
that Constitution which is the pledge of mutual 
friendship and the instrument of mutual happiness; 
the General Assembly doth solemnly appeal to the 
like dispositions in the other Slates, in confidence, 
that they will concur with this Commonwealth, in 
declaring, as it does hereby declare, that the acts 
aforesaid are unconstitutional ; and that the necessary 
and proper measures will be taken by each for co- 
operating with this State in maintaining unimpaired 
the authorities, rights, and liberties, reserved to the 
States respectively, or to the people. 

That the Governor be desired to transmit a copy 
of the foregoing resolutions to the Executive authority 
of each of the other States, with a request that the 
same may be communicated to the Legislature 
thereof; and that a copy be furnished to each of. the 
Senators and Representatives representing this State 
in the Congress of the United States. 

Attest : John Stewart. 

1798, December 24th. Agreed to by the Senate. 

II. Brooke, 

A true copy from the original deposited in the 
office of the General Assembly. 

John Stewart, Keeper of Rolls. 



APPENDIX II. 

Mr. Madison's Report on the Virginia Reso- 
lutions. 
Virginia. — House of Delegates, Session of 1 799- 1S00. 
Report of the Committee to whom were referred the 
communications of various States, relative to the 
resolutions of the last General Assembly of this 
State, concerning the Alien and Sedition Laws. 
Whatever room might be found in the proceedings 
of some of the States, who have disapproved of the 
resolutions of the General Assembly of this Common- 
wealth, passed on the 21st clay of December, 1798, 
for painful remarks on the spirit and manner ot those 
proceedings, it appears to the Committee most con- 
sistent with the duty as well as dignity of the Gen- 
eral Assembly, to hasten an oblivion of every circum- 
stance, which mieht be construed into a diminution 
of mutual respect, confidence and affection, among 
the members of the Union. 



APPENDIX II— MADISON'S REPORT. 



94I 



The committee have deemed it a more useful task 
to revise, with a critical eye, the resolutions which 
have met with their disapprobation ; to examine fully 
the several objections and arguments which have ap- 
peared against them; and to inquire whether there 
can be any errors of fact, of principle, or of reason- 
ing, which the candor of the General Assembly ought 
to acknowledge and correct. 

The first of the resolutions is in the words follow- 
ing: 

'■'■Resolved, That the General Assembly of Virginia 
doth unequivocally express a firm resolution to main- 
tain and defend the Constitution of the United States, 
and the Constitution of this State, against every ag- 
gression, either foreign or domestic, and that they 
will support the Government of the United States in 
all measures warranted by the former." 

No unfavorable comment can have been made on 
the sentiments here expressed. To maintain and 
defend the Constitution of the United States, and of 
their own State, against every aggression, both foreign 
and domestic, and to support the Government of the 
United States in all measures warranted by their Con- 
stitution, are duties which the General Assembly 
ought always to feel, and to which, on such an occa- 
sion, it was evidently proper to express their sincere 
and firm adherence. 

In their next resolution — "The General Assembly 
most solemnly declares a warm attachment to the 
Union of the States, to maintain which, it pledges all 
its powers; and that, for this end, it is their duty to 
watch over and oppose every infraction of those prin- 
ciples, which constitute the only basis of that Union, 
because a faithful observance of them can alone 
secure its existence and the public happiness." 

The observation just made is equally applicable to 
this solemn declaration of warm attachment to the 
Union, and this solemn pledge to maintain it; nor 
can any question arise among enlightened friends of 
the Union, as to the duty of watching over and oppos- 
ing every infraction of those principles which consti- 
tute its basis, and a faithful observance of which can 
alone secure its existence, and the public happiness 
thereon depending. 

The third resolution is in the words following: 

" That this Assembly doth explicitly and peremp- 
torily declare, that it views the powers of the Federal 
Government as resulting from the compact, to which 
the States are parties, as limited by the plain sense 
and intention of the instrument constituting that com- 
pact — as no further valid than they are authorized by 
the grants enumerated in that compact; and that in 
case of a deliberate, palpable and dangerous exercise 
of other powers, not granted by the said compact, the 
States who are parties theieto have the right, and are 
in duty bound, to interpose, for arresting the progress 
of the evil, and for maintaining within their respec- 
tive limits the authorities, rights and liberties apper- 
taining to them." 

On this resolution the committee have bestowed 
all the attention which its importance merits; they 
have scanned it not merely with a strict, but with a 
severe eye; and they feel confidence in pronouncing 
that, in its just and fair construction, it is unexcep- 
tionably true in its several positions, as well as con- 
stitutional and conclusive in its inferences. 

The resolution declares; first, that " it views the 
powers of the Federal Government as resulting from 
the compact to which the States are parties;" in 
other words, that the Federal powers are derived 



from the Constitution, and that the Constitution is a 
compact to which the States are parties. 

Clear as the position must seem, that the Federal 
powers are derived from the Constitution, and from 
that alone, the committee are not unapprised of a 
late doctrine, which opens another source of Federal 
powers not less extensive and important than it i> 
new and unexpected. The examination of this doc- 
trine will be most conveniently connected with a re- 
view of a succeeding resolution. The committee 
satisfy themselves here with briefly remarking that, in 
all the contemporary discussions and comments which 
the Constitution underwent, it was constantly justified 
and recommended on the ground that the pow.ers not 
given to the government were withheld from it ; and, 
that if any doubt could have existed on this subject 
under the original text of the Constitution, it is re- 
moved, as far as words could remove it, by the 
Twelfth amendment, now a part of the Constitution, 
which expressly declares, " that the powers not dele- 
gated to the United States, by the Constitution, nor 
prohibited by it to the States, are reserved to the 
States respectively, or to the people." 

The other position involved in this branch of the 
resolution, namely, that "the States are parties to the 
Constitution or compact," is, in the judgment of the 
committee, equally free from objection. It is indeed 
true, that the term "States" is sometimes used in a 
vague sense, and sometimes in different senses, ac- 
cording to the subject to which it is applied. Thus 
it sometimes means the separate sections of territory 
occupied by the political societies within each ; some- 
times the particular governments established by those 
societies; sometimes those societies as organized into 
those particular governments; and lastlv, it means the 
people composing those political societies, in their 
highest sovereign capacity. Although it might be 
wished that the perfection of language admitted less 
diversity in the signification of the same words, yet 
little inconvenience is produced by it where the true 
sense can be collected with certainty from the differ- 
ent applications. In the present instance, whatever 
different construction of the term "States" in the 
resolution may have been entertained, all will at least 
concur in that last mentioned; because in that sen«e 
the Constitution was submitted to the "States;" in 
that sense the " States" ratified it; and in that sense 
of the term " States," they are consequently parties to 
the compact from which the powers of the Federal 
Government result. 

The next position is, that the General Assembly 
views the powers of the Federal Government, " as 
limited by the plain sense and intention of the instru- 
ment constituting that compact," and "as no farther 
valid than they are authorized by the grants therein 
enumerated." It does not seem possible that any 
just objection can lie against either of these clauses. 
The first amounts merely to a declaration that the 
compact ought to have the interpretation plainly in- 
tended by the parties to it ; the other to a declaration 
that it ought to have the execution and effect intended 
by them. If the powers granted be valid, it is solely 
because they are granted ; and if the granted powers 
are valid because granted, all other powers not 
granted must not be valid. 

The resolution having taken this view of the Fed- 
eral compact, proceeds to infer, " That in case of a 
deliberate, palpable, and dangerous exercise of 
powers not granted by the said compact, the States, 
who are parties thereto, have the right .and are in 



942 



APPENDIX II.— MADISON'S REPORT. 



duty bound to interpose for arresting the progress of 
the evil, and for maintaining Within their respective 
limits the authorities, rights, and liberties appertaining 
to them." 

It appears to your committee to he a plain principle 
founded in common sense, illustrated by common 
practice, and essential to the nature of compact — 
that, where resort can be had to no tribunal superior 
to the authority of the parties, the parties themselves 
must be the rightful judges in the last resort, whether 
the bargain made has been pursued or violated. The 
Constitution of the United States was framed by the 
sanction of the States, given by each in its sovereign 
capacity. It adds to the stability and dignity, as well 
as to the authority of the Constitution, that it rests on 
this legitimate and solid foundation. The States, 
then, being the parties to the constitutional compact, 
and in their sovereign capacity, it follows ol neces- 
sity, that there can be no tribunal above their au- 
thority to decide in the last resort whether the com- 
pact made by them be violated ; and, consequently, 
that, as the parties to it, they must themselves decide 
in the last resort such questions as may be of sufficient 
magnitude to require their interposition. 

It does not follow, however, that because the States, 
as sovereign parties to their constitutional compact, 
must ultimately decide whether it has been violated, 
that such a decision ought to be interposed, either in 
a hasty manner, or on doubtful and inferior occasions. 
Even in the case of ordinary conventions between 
different nations, where, by the strict rule of interpre- 
tation, a breach of a part may be deemed a breach of 
the whole; every part being deemed a condition of 
every other part, and of the whole, it is always laid 
down that the breach must be both wilful and material 
to justify an application of the rule. Bdt in the case 
of an intimate and constitutional union, like that of 
the United States, it is evident that the interposition 
of the parties, in their sovereign capacity, can be 
called for by occasions only, deeply and essentially 
affecting the vital principles of their political 
system. 

The resolution has, accordingly, guarded against 
any misapprehension of its cbject, by expressly re- 
quiring for such an interposition, "the case of a de- 
liberate, palpable, and dangerous breach of the Con- 
stitution, by the exercise of powers not granted by it.'' 
It must be a case not of a light and transient nature, 
but of a nature dangerous to the great purposes for 
which the Constitution was established. It must be 
a case, moreover, not obscure or doubtful in its con- 
struction, but plain and palpable. Lastly, it must be 
a case not resulting from a partial consideration or 
hasty determination; but a case stamped with a final 
consideration and deliberate adherence. It is not 
iiv, because the resolution does not require, 
that the question should be discussed, how far the 
exercise of any particular power, ungranted by the 
Constitution, would justify the interposition of the 
parties to it. As cases might easily be stated, which 
none would contend ought to fall within that descrip- 
tion — cases, on the other hand, might with equal ease 
be stated so flagrant and so fatal as to unite every 
opinion in placing them within the description. 

Hut the resolution has done more than guard 
against misconstruction, by expressly referring to 
cases of a deliberate, palpable and dangerous nature. 
It specifies the object of the interposition which it 
contemplates, to be solely that of arresting the pro- 
gress of the evil of usurpation, and of maintaining the 



authorities, rights and liberties appertaining to the 
States, as j artie- to the Constitution. 

From this view of the resolution, it would seem 
inconceivable that it can incur any just disa] 
lion from those who, laying aside all momentary 
impressions, and recollecting the genuine source and 
object of the Federal Constitution, shall candidly and 
accurately interpret the meaning of the General As- 
semble If the deliberate exercise of dangerous 
powers, palpably withheld by the Constitution, could 
not justify the parties to it, in interposing even so far 
'as to arrest the progress of the evil, and thereby to 
preserve the Constitution itself, as well as to provide 
for the safety of the parties to it, there would be an 
end to all relief from usurped power, ar.d a direct 
subversion of the rights specified or recognized under 
all the State Constitutions, as well as a plain denial 
of the fundamental principle on which our inde- 
pendence itself was declared. 

But it is objected, that the judicial authority is to 
be regarded as the sole expositor of the Constitution 
in the last resort; and it may be asked for what reason, 
the declaration by the General Assembly, supposing 
it to be theoretically true, could be required at the 
present day, and in so solemn a manner. 

On this objection it might be observed : first, that 
there may be instances of usurped power, which the 
forms of the Constitution would never draw within 
the control of the judicial department ; secondly, that 
if the decision of the judiciary be raised above the 
authority of the sovereign parties to the Constitution, 
the decisions of the other departments, not carried by 
the forms of the Constitution before the judiciary, 
must be equally authoritative and final with the de- 
cisions of that department. Hut the proper answer 
to the objection is, that the resolution of the General 
Assembly relates to those great and extraordinary 
cases, in which all the forms of the Constitution may 
prove ineffectual against infiactions dangerous to the 
essential rights of the parties to it. The resolution 
supposes that dangerous powers not delegated, may 
not only be usurped and executed by the other depart- 
ments, but that the judicial department, also, may 
exercise or sanction dangerous powers beyond the 
grant of the Constitution; and, consequently, that the 
ultimate rij^ht of the parties to the Constitution, to 
judge whether the compact has been dangerously 
violated, must extend to violations by one delegated 
authority, as well as by another; by the judiciary, as 
well as by the executive or the legislative. 

However true, therefore, it may be that the judicial 
department is, in all questions submitted to it by the 
forms of the Constitution, to decide in the last resort, 
this resort must necessarily be deemed the last in re- 
lation to the authorities of the other departments of 
the government; not in relation to the rights of the 
parties to the constitutional compact, from which the 
judicial as well as the other departments hold their 
delegated trusts. On any other hypothesis, the dele- 
gation of judicial power would annul the authority 
delegating it ; and the concurrence of this department 
with the others in usurped powers, might subvert for- 
ever, and beyond the possible reach of any rightiul 
remedy, the very Constitution, which all were insti- 
tuted to preserve. 

The truth declared in the resolution being estab- 
lished, the expediency <^( making the declaration at 
the present day, may safely be left to the temperate 
consideration and candid judgment of the American 
public. It will be remembered that a frequent recur- 



APPEXD/X II— MADISON S REPORT. 



943 



rence to fundamental principles is solemnly enjoined 
by most of the State Constitutions, and particularly 
by our own, as a necessary safeguard against the 
danger of degeneracy to which republics are liable, 
as well as other governments, though in a less degree 
than others. And a fair comparison of the political 
doctrines not unfrequent at the present day, with 
those which characterized the epoch of our Revolu- 
tion, and which form the basis of our republican 
Constitutions, will best determine whether the decla- 
ratory recurrence here made to those principles, ought 
to be viewed as unseasonable and improper, or as a 
vigilant discharge of an important duty. The autho- 
rity of Constitutions over governments, and of the 
sovereignty of the people over Constitutions, are 
truths which are at .all times necessary to be kept in 
mind ; and at no time, perhaps, more necessary than at 
present. 

The fourth resolution stands as follows : 
" That the General Assembly doth also express its 
deep regret that a spirit has in sundry instances been 
manifested by the Federal Government to enlarge its 
powers by forced constructions of the constitutional 
charter which defines them ; and that indications 
have appeared of a design to expound certain general 
phrases (which, having been copied from the very 
limited grant of powers in the former Articles of 
Confederation, were the less liable to be miscon- 
strued), so as to destroy the meaning and effect of the 
particular enumeration which necessarily explains, 
and limits the general phrases ; and so as to consolidate 
the States by degrees into one sovereignty, the ob- 
vious tendency and inevitable result of which would 
be to transform the present republican system of the 
United States into am absolute or at best a mixed 
monarchy." 

The first question here to be considered is, whether 
a Spirit has in sundry instances been manifested by 
the Federal Government to enlarge its powers by 
forced constructions of the constitutional charter. 

The General Assembly having declared their opin- 
ion, merely, by regretting in general terms, that forced 
constructions for enlarging the Federal powers have 
taken place, it does not appear to the committee 
necessary to go into a specification of every instance 
to which the resolution may allude. The Alien and 
Sedition acts being particularly named in a succeed- 
ing resolution are of course to be understood as in- 
cluded in the allusion. Omitting others which have 
less occupied public attention, or been less exten- 
sively regarded as unconstitutional, the resolution may 
be presumed to refer particularly to the Bank Law, 
which from the circumstances of its passage, as well 
as the latitude of construction on which it is founded, 
strikes the attention with singular force, and the car- 
riage tax, distinguished also by circumstances in its 
history having a similar tendency. Those instances 
alone, if resulting from forced construction, and cal- 
culated to enlarge the powers of the Federal Govern- 
ment, as the committee cannot but conceive to be the j 
case, sufficiently warrant this part of the resolution. 
The committee have not thought it incumbent on 
them to extend their attention to laws which have 
been objected to, rather as varying the constitutional 
distribution of powers in the Federal Government, 
than as an absolute enlargement of them ; becaus; 
instances of this sort, however important in their 
principles and tendencies, do not appear to fall 
strictly within the text under review. 

The other questions presenting themselves are — 



I, Whether indications have appeared of a design to 
expound certain gene-aJ phrases copied from the 
"Articles of Confederation," so as to destroy the effect 
of the particular enumeration explaining and limiting 
their meaning. 2. Whether this exposition would by 
degrees consolidate the States into one sovereignty. 
3. Whether the tendency and result of this consoli- 
dation would be to transform the republican system 
of the United States into a monarchy. 

I, The general phrases here meant must be those 
"of providing for the common defence and general 
welfare." 

In the "Articles of Confederation" the phrases are 
used as follows, in Art. VIII. "All charges of war, 
and all other expenses that .shall be incurred for the 
common defence and general welfare, and allowed 
by the United States in Congress assembled, shall be 
defrayed out of a common treasury, which shall be 
supplied by the several States, in proportion to the 
value of all land within each State, granted to, or sur- 
veyed for any person, as such land and the buildings 
and improvements thereon shall be estimated, accord- 
ing to such mode as the United States in Congress 
assembled, shall from time to time direct and ap- 
point." 

In the existing Constitution they make the follow- 
ing part of Sec. 8 : " The Congress shall have power 
to lay and collect taxes, duties, imposts and excises, 
to pay the debts, and provide for the common defence 
and general welfare of the United States." 

This similarity in the use of these phrases in the 
two great Federal charters, might well be considered 
as rendering their meaning less liable to be miscon- 
strued in the latter: because it will scarcely be said, 
that in the former they were ever understood to be 
either a general grant of the power, or to authorize the 
requisition or application of money by the old Con- 
gress to the common defence and general welfare, 
except in cases afterwards enumerated, which ex- 
plained and limited their meaning; and if such was 
the limited meaning attached to these phrases in the 
very instrument revised and remodelled by the present 
Constitution, it can never be supposed that when 
copied into this Constitution, a different meaning 
ought to be attached to them. 

That, notwithstanding this remarkable security 
against misconstruction, a design has been indicated 
to expound these phrases in the Constitution, so as to 
destroy the effect of the particular enumeration of 
powers by which it explains and limits them, must 
have fallen under the observation of those who have 
attended to the course of public transactions. Not to 
multiply proofs on this subject, it will suffice to refer 
to the debates of the Federal legislature, in which 
arguments have on different occasions been drawn, 
with apparent effect, from these phrases, in their in- 
definite meaning. 

To these indications might be added, without look- 
ing farther, the official report on manufactures by the 
late Secretary o( the Treasury, made on the 5th of 
December, 1791; and the report of a Committee of 
Congress, in January, 1797, on the promotion of agri- 
culture. In the first of these it is expressly contended 
to belong " to the discretion of the National Legisla- 
ture to pronounce upon the objects which concern 
the general welfare, and for which, under that de- 
scription, an appropriation of money is requisite and 
proper. And there seems to be no room for a doubt, 
that whatever concerns the general interests of learn- 
ing, of agriculture, of manufactures, and of commerce, 



944 



APPEADIX II— MADISON' S REPORT. 



is within the sphere of National Councils, as far as | 
regards an application of money." The latter report 
assumes the same latitude of power in the National 
Councils, and applies it to the encouragement of agri- 
culture, by means of a society to be established at the 
seat of government. Although neither of these re- 
ports may have received the sanction of a law carry- 
ing it into effect; yet, on the other hand, the extra- 
ordinary doctrine contained in both has passed with- 
out the slightest positive mark of disapprobation from 
the authority to which it was addressed. 

Now, whether the phrases in question be construed 
to authorize every measure relating to the common 
defence and general welfare, as contended by some; 
or every measure only in which there might be an 
application of money, as suggested by the caution of 
others; the effect must substantially be the same, in 
destroying the import and force of the particular enu- 
merate m of powers which folli »W these general phrases 
in the Constitution. For, it is evident, that there is 
not a single power whatever which may not have some 
reference to the common defence or the general wel- 
fare ; nor a power of any magnitude, which, in its 
exercise, does not involve or admit an application of 
money. The government, therefore, which possesses 
power in either o'ie or other of these extents is a gov- 
ernment without the limitations formed by a particular 
enumeration of powers ; and consequently, the mean- 
ing and effect of this particular enumeration is de- 
stroyed by the exposition given to these general 
ph rases. 

This conclusion will not be affected by an attempt 
to qualify the power over the "general welfare," by 
referring it to cases where the general welfare is be- 
yond the reach of the separate provisions by the indi- 
vidual States; and leaving to these their jurisdictions 
in cases, to which their separate provisions may be 
competent. For, as the authority of the individual 
States must in all cases be incompetent to general 
regulations operating through the whole, the authority 
of the United States would be extended to every ob- 
ject relating to the general welfare, which might, by 
any possibility, be provided for by the general au- 
thority. This qualifying construction, therefore, 
would have little, if any, tendency to circumscribe 
the power claimed under the latitude of the term 
"general welfare." 

The true and fair construction of this expression, 
both in the original and existing Federal compacts, 
appears to the committee too obvious to be mistaken. 
In both, the Congress is authorized to provide money 
for the common defence and general welfare. In 
both, is subjoined to this authority an enumeration of 
the cases, to which their powers shall extend. Money 
cannot be applied to the general welfare otherwise 
than by an application of it to some particular meas- 
ure, conducive to the general welfare. Whenever, 
therefore, money has been raised by the general au- 
thority, and is to be applied to a particular measure, 
a question arises whether the particular measure be 
•within the enumerated authorities vested in Congress. 
If it be, the money requisite for it may be applied to 
it ; if it be not, no such application can be made. 
This fair and obvious interpretation coincides with, 
and is enforced by, the clause in the Constitution, 
which declares, that "no money shall be drawn from 
the treasury but in consequence of appropriations 
made by law." An appropriation of money to the 
general welfare would be deemed rather a mockery 
than an observance of this constitutional injunction. 



2. Whether the exposition of the general phrases 
here combated would not, by degrees, coiisi 

the States into one Sovereignty is a question, concern- 
ing which the committee can perceive little room for 
difference of opinion. To consolidate the States into 
one sovereignty, nothing more can be wanted than to 
supersede their respective sovereignties in the cases 
reserved to them, by extending the sovereignly of the 
United States, to all cases of the "general welfare," 
that is to say, to all cases whatever. 

3. That the obvious tendency and inevitable result 
of a consolidation of the States into one sovereignty, 
would be to transform the republican system of the 
United States into a monarchy, is a point which seems 
to have been sufficiently decided by the general sen- 
timent of America. In almost every instance of dis- 
cussion relating to the consolidation in question, its 
certain tendency to pave the way to monarchy seem* 
not to have been contested. The prospect of such a 
consolidation has formed the only topic of contro- 
versy. It would be unnecessary, therefore, for tht 
committee to dwell long on the reasons which sup- 
port the position of the General Assembly. It may 
not be improper, however, to remark two consequences, 
evidently flowing from an extension of the F< 
power to every subject falling within the idea of the 
" general welfare." 

One consequence must be to enlarge the sphere of 
discretion allotted to the Executive Magistrate. Even 
within the legislative limits properly defined by the 
Constitution, the difficulty of accommodating legal 
regulations to a country so great in extent, bi 
various in its circumstances, has been much felt; and 
has led to occasional investments of power in the 
Executive, which involve perhaps as large a portion 
of discretion as can be deemed consistent with the 
nature of the Executive trust. In proportion as the 
objects o r legislative care might be multiplied, would 
the time allowed for each be diminished, and the 
difficulty of providing uniform and particular regula- 
tions for all be increased. From these sources would 
necessarily ensue a greater latitude to the agency of 
that department which is always in existence, and 
which could best mould regulations of a igeneral 
nature, so as to suit them to the diversity of particular 
situations. And it is in this latitude, as a supplement 
to the deficiency of the laws, that the degree of exec- 
utive prerogative materially consists. 

The other consequence would be that of an exces- 
sive augmentation of the officers, honors, and emolu- 
ments depending on the Executive will. Add to the 
present legitimate stock all those of every description 
which a consolidation of the Slates would take from 
them and turn over to the Federal Government, and 
the patronage of the Executive would necessarily be 
as much swelled in this case as its prerogative would 
be in the other. This disproportionate increase of 
prerogative and patronages must evidently either 
enable the Chief Magistrate of the Union, by quiet 
means, to secure his reelection from lime to lime, and 
finally, to regulate the succession as he might please ; 
or, by giving so transcendent an importance to the 
office, would render the elections to it so violent and 
corrupt that the public voice itself might call for an 
hereditary, in place of an elective succession. Which- 
ever of these events might follow, the transformation 
of the republican system of the United Slates into a 
monarchy, anticipated by the General Assembly from 
a consolidation of the States into one sovereignly, 
would be equally accomplished; and w hether it would 



ATTEND IX H.— MADISON'S RETORT. 



945 



be into a mixed or an absolute monarchy might de- 
pend on too many contingencies to admit of any cer- 
tain foresight. 

The resolution next in order is contained in the 
following terms : 

"That the General Assembly doth particularly 
protest against the palpable and alarming infractions 
of the Constitution, in the two late cases of the 
'Alien and Sedition Acts,' passed at the last session 
of Congress ; the first of which exercises a power 
nowhere delegated to the Federal Government ; and 
which, by uniting legislative and judicial powers to 
those of executive, subverts the general principles of 
free government, as well as the particular organiza- 
tion and positive provisions of the Federal Constitu- 
tion ; and the other of which acts exercises, in like 
manner, a power not delegated by the Constitution, 
bu', on the contrary, expressly and positively forbid- 
den by one of the amendments thereto — a power 
which, more than any other, ought to produce uni- 
versal alarm, because it is levelled against the right 
of freely examining public characters and measures, 
and of free communication among the people thereon, 
which has ever been justly deemed the only effectual 
guardian of every other right." 

The subject of this resolution having, it is presumed, 
more particularly led the General Assembly into the 
proceedings which they communicated to the other 
States, and being in itself of peculiar importance, it 
deserves the most critical and faithful investigation ; 
for the length of which no apology will be necessary. 

The subject divides itself into, — 

First, the "Alien Act." 

Secondly, the " Sedition Act." 

Of the "Alien Act," it is affirmed by the resolu- 
tion — I. That it exercises a power nowhere delegated 
to the Federal Government; 2. That it unites legis- 
lative and judicial powers to those of the executive ; 
3. That this union of powers subverts the general 
principles of free government; 4. That it subverts 
the particular organization and positive provisions of 
the Federal Constitution. 

In order to clear the way for a correct view of the 
first position, several observations will be premised. 

In the first place, it is to be borne in mind that, it 
being a characteristic feature of the Federal Consti- 
tution, as it was originally ratified, and an amend- 
ment thereto having precisely declared, " that the 
powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are 
reserved to the States respectively, or to the people," 
it is incumbent in this, as in every other exercise of 
power by the Federal Government, to prove from the 
Constitution that it grants the particular power ex- 
ercised. 

The next observation to be made is, that much 
confusion and fallacy have been thrown into the ques- 
tion by blending the two cases of aliens, members of 
a hostile nation ; and aliens, members of friendly 
nations. These two cases are so obviously and so 
essentially distinct, that it occasions no little surprise 
that the distinction should have been disregarded ; 
and the surprise is so much the greater, as it appears 
that the two cases are actually distinguished by two 
separate acts of Congress, passed at the same session, 
and comprised in the same publication ; the one pro- 
viding for the case of "alien enemies;" and the 
other " concerning aliens " indiscriminately, and con- 
sequently extending to aliens of every nation in peace 
and amity with the United States. With respect to 
60 



alien enemies no doubt has been intimated as to the 
Federal authority over them; the Constitution having 
expressly delegated to Congress the power to declare 
war against any nation, and of course to treat it and 
all its members as enemies. With respect to aliens 
who are not enemies, but members of nations in peace 
and amity with the United States, the power assumed 
by the Act of Congress is denied to be constitutional ; 
and it is accordingly against this act that the protest 
of the General Assembly is expressly and exclusively 
directed. 

A third observation is that were it admitted, as is 
contended, that the "act concerning aliens" has for 
its object not a penal, but a preventive justice, it 
would still remain to be proved that it comes within 
the constitutional power of the Federal Legislature ; 
and, if within its power, that the Legislature has ex- 
ercised it in a constitutional manner. In the admin- 
istration of preventive justice, the following principles 
have been held sacred; that some probable ground 
of suspicion be exhibited before some judicial author- 
ity ; that it be supported by oath or affirmation ; that 
the party may avoid being thrown into confinement, 
by finding pledges or sureties for his legal conduct 
sufficient in the judgment of some judicial authority; 
that he may have the benefit of a writ of habeas corpus, 
and thus obtain his release if wrongfully confined ; 
and that he may at any time be discharged from his 
recognizance, or his confinement, and restored to his 
former liberty and rights, on the order of the proper 
judicial authority, if it shall see sufficient cause. 

All these principles of the only preventive justice 
known to American jurisprudence are violated by the 
Alien Act. The ground of suspicion is to be judged 
of, not by any judicial authority, but by the Execu- 
tive Magistrate alone. No oath or affirmation is 
required. If the suspicion be held reasonable by the 
President, he may order the suspected alien to depart 
from the territory of the United States, without the 
opportunity of avoiding the sentence by finding 
pledges for his future good conduct. As the Presi- 
dent may limit the time of departure as he pleases, 
the benefit of the writ of habeas corpus may be sus- 
pended with respect to the party, although the Con- 
stitution ordains that it shall not be suspended unless 
when the public safety may require it, in case of 
Rebellion or invasion, — neither of which existed at 
the passage of the act ; and the party being, under 
the sentence of the President, either removed from 
the United States, or being punished by imprison- 
ment, or disqualification ever to become a citizen, on 
conviction of not obeying the order of removal, he 
cannot be discharged from the proceedings against 
him, and restored to the benefits of his former situa- 
tion, although the highest judicial authority should 
see the most sufficient cause for it. 

But, in the last place, it can never be admitted that 
the removal of aliens, authorized by the act, is to be 
considered, not as punishment for an offence, but as 
a measure of precaution and prevention. If the ban- 
ishment of an alien from a country into which he has 
been invited as the asylum most auspicious to his 
happiness, — a country where he may have formed 
the most tender connections; where he may have 
invested his entire property, and acquired property 
of real and permanent, as well as the movable and 
temporary kind ; where he enjoys, under the laws, a 
greater share of the blessings of personal security, 
and personal liberty, than he can elsewhere hope for ; 
and where he may have nearly completed his proba- 



946 



ATTEND IX H.— MADISON'S RE TOUT. 



\\< nary title to citizenship; if, moreover, in the exe- 
cution of the sentence against him, he is to be ex]>osed, 
not only to the ordinary dangers of the sea, but to the 
peculiar casualties incident to a crisis of war and of 
unusual licentiousness on that element, and possibly 
to vindictive purposes, which his emigration itsell 
may have provoked ; — if a banishment of this sort be 
not a punishment, and among the severest of punish- 
ments, it will be difficult to imagine a doom to which 
the name can be applied. And if it be punishment, 
it will remain to be inquired, whether it can be con- 
stitutionally inflicted, on mere suspicion, by the single 
will of the Executive magistrate, on persons convicted 
of no personal offence against the laws of the land, 
nor involved in any offence against the law of nations, 
charged on the foreign State of which they arc mem- 
bers. 

One argument offered in justification of this power 
exercised over aliens is, that, the admission of them 
into the country being of favor, not of right, the favor 
is at all times revocable. To this argument it might 
be answered, that, allowing the truth of the inference, 
it would be no proof of what is required. A question 
would stiil occur whether the Constitution had vested 
the discretionary power of admitting aliens in the 
Federal government or in the Stale governments. 

But it cannot be a true inference, that, because the 
admission of an alien is a favor, the favor may be 
revoked at pleasure. A grant of land to an individual 
may be of favor, not of r ght ; but the moment the 
rant is made, the favor becomes a right, and must 
be forfeited before it can be taken away. To pardon 
a malefactor may be a favor, but the pardon is not, 
on that account, the less irrevocable. To admit an 
alien to naturalization is as much a favor as to admit 
him to reside in the country; yet it cannot be pre- 
tended that a person naturalized can be deprived of 
the benefits any more than a native citizen can be 
disfranchised. 

Again, it is said that, aliens not being parties to 
he Constitution, the rights and privileges which it 
secures cannot be at all claimed by them. 

To this reasoning, also, it might be answered that, 
although aliens are not parties to the Constitution, it 
does not follow that the Constitution has vested in 
Congress an absolute power over them. The parties 
to the Constitution may have granted, or retained, or 
modified, the power over aliens, without regard to 
that particular consideration. 

Hut a more direct reply is, that it does not follow, 
because aliens are not parties to the Constitution, as 
citizens are parties to it, that, whilst they actually con- 
form to it, they have no right to its protection. Aliens 
are not more parties to the laws than they are parlies 
to the Constitution; yet it will not be disputed that, 
as they owe, on one hand, a temporary obedience, 
they are entitled, in return, to their protection and 
advantage. 

If aliens had no rights under the Constitution, they 
might not only be banished, but even capitally pun- 
ished, without a jury or the other incidents to a fair 
trial. Hut so far has a contrary principle been carried, 
in every part of the United States, that, except on 
charges of treason, an alien has, besides a'l the com- 
mon privileges, the special one of being tried by a 
jurv, of which one-half may be also aliens. 

It is said, further, that, by the law and practice of 
nations, aliens may be removed, at discretion, for 
offences against the law of nations ; that Congress are 
authorized to define and punish such offences; and 



that to be dangerous to the peace of society is, in 
aliens, one of those offences. 

The distinction between alien enemies and alien 
friends is a clear and conclusive answer to this argu- 
ment. Alien enemies are under the law of nations, 
and liable to be punished for offences against it. 
Alien friends, except in the single case of public min- 
isters, are under the municipal law, and must be tried 
and punished according to that law only. 

This argument, also, by referring the alien act to 
the power of Congress to define and punish offences 
against the law of nations, yields the point that the act 
is of a penal, not merely of a preventive operation. 
It must, in truth, be so considered. And if it be a 
penal act, the punishment it inflicts must be justified 
by some offence that deserves it. 

Offences for which aliens, within the "jurisdiction 
of a country, are punishable, are — first, offences com- 
mitted by the nation of which they make a part, and 
in whose offences they are involved ; secondly, offences 
committed by themselves alone, without anv charge 
against the nation to which they belong. The fir-t is 
the case of alien enemies ; the second, the case of alien 
friends. In the first case, the offending nation cannot 
otherwise be punished than by war, one of the laws 
of which authorizes the expulsion of such of its mem- 
bers as may be found within the country against which 
the offence has been committed. In the second case — 
the offence being committed by the individual, not by 
his nation, and against the municipal law, not against 
the law of nations — the individual only, and not the 
nation, is punishable; and the punishment must be 
conducted according to the municipal law, not accord- 
ing to the law of nations. Under this view of the 
subject, the act of Congress for the removal of alien 
enemies, being conformable to the law of nations, is 
justified by the Constitution; and the "act" for the 
removal of alien friends, being repugnant to the con- 
stitutional principles of municipal law, is unjustifi- 
able. 

Nor is the act of Congress for the removal of alien 
friends more agreeable to the general practice of na- 
tions than it is within the purview of the law of nations. 
The general practice of nations distinguishes between 
alien friends and alien enemies. The latter it has 
proceeded against, according to the law of nations, by 
expelling them as enemies. The former it has con- 
sidered as under a local and temporary allegiance, and 
entitled to a corres|x>ndent protection. If contrary 
instances are to be found in barbarous countries, under 
undefined prerogatives, or amid revolutionary dangers, 
they will not be deemed fit precedents for the Govern- 
ment of the United States, even if not beyond its con- 
stitutional authority. 

It is said that Congress may grant letters of marque 
and reprisal ; that reprisals may be made on persons 
as well as property; and that the removal of aliens 
may be considered as the exercise, in an inferior de- 
gree, of the general power of reprisal on persons. 

Without entering minutely into a question that does 
not seem to require it, it may be remarked that reprisal 
is a seizure of foreign persons or property, with a view 
to obtain that justice for injuries done by one State, or 
its members, to another State, or its members, for 
which a refusal of the aggressors requires such a re- 
sort to force, under the law of nations. It must be 
considered as an abuse of words, to call the removal 
of persons from a country a seizure, or a reprisal on 
them ; nor is the distinction to be overlooked between 
reprisals on persons within the country, and under the 



APPENDIX II.— MADISON'S REPORT. 



947 



faith of its laws, and on persons out of the country. 
But, laying aside these considerations, it is evidently 
impossible to bring the Alien Act within the power 
of granting reprisals ; since it does not allege or imply 
any injury received from any particular nation, for 
which this proceeding against its members was in- 
tended as a reparation. 

The proceeding is authorized against aliens of every 
nation ; of nations charged neither with any similar 
proceedings against American citizens, nor with any 
injuries for which justice might be sought, in the mode 
prescribed by the act. Were it true, therefore, that 
good causes existed for reprisals against one or more 
foreign nations, and that neither the persons nor prop- 
erty of its members, under the faith of our laws, could 
plead an exemption, the operation of the act ought to 
have been limited to the aliens among us belonging 
to such nations. To license reprisals against all na- 
tions, for aggressions charged on one only, would be 
a measure as contrary to every principle of justice and 
public law, as to a wise policy, and the universal prac- 
tice of nations. 

It is said that the right of removing aliens is an in- 
cident to the power of war, vested in Congress by the 
Constitution. This is a former argument in a new 
shape only, and is answered by repeating, that the 
removal of alien enemies is an incident to the power 
of war ; that the removal of alien friends is not an in- 
cident to the power of war. 

It is said that Congress are, by the Constitution, to 
protect each State against invasion ; and that the 
means of preventing invasion are included in the 
power of protection against it. 

The power of war, in general, having been before 
granted by the Constitution, this clause must either be 
a mere specification for greater caution and certainty, 
of which there are other examples in the instrument, 
or be the injunction of a duty, superadded to a grant 
of the power. Under either explanation, it cannot 
enlarge the powers of Congress on the subject. The 
power and the duty to protect each State against an 
invading enemy would be the same under the general 
power, if this regard to the greater caution had been 
omitted. 

Invasion is an operation of war. To protect against 
invasion is an exercise of the power of war. A power, 
therefore, not incident to war, cannot be incident to a 
particular modification of war; and as the removal 
of alien friends has appeared to he no incident to a 
general state of war, it cannot be incident to a partial 
state, or a particular modification of war. 

Nor can it ever be granted, that a power to act on 
a case, when it actually occurs, includes a power over 
all the means that may tend to prevent the occurrence 
of the case. Such a latitude of construction would 
render unavailing every practical definition of partic- 
ular and limited powers. Under the idea of prevent- 
ing war in general, as well as invasion in particular, 
not only an indiscriminate removal of all aliens might 
be enforced, but a thousand other things, still more 
remote from the operations and precautions appurte- 
nant to war, might take place. A bigoted or tyran- 
nical nation might threaten us with war, unless certain 
religious or political regulations were adopted by us; 
yet it never could be inferred, if the regulations which 
would prevent war were such as Congress had other- 
wise no power to make, that the power to make them 
vould grow out of the purpose they were to answer. 
Congress have power to suppress insurrections; yet it 
would not be allowed to follow, that they might em- 



ploy all the means tending to prevent them ; of which 
a system of moral instruction for the ignorant, and of 
provident support for the poor, might be regarded as 
among the most efficacious. 

One argument for the power of the General Gov- 
ernment to remove aliens would have been passed in 
silence, if it had appeared under any authority infe- 
rior to that of a report made, during the last session 
of Congress, to the House of Representatives, by a 
committee, and approved by the House. The doctrine 
on which this argument is founded is of so new and 
so extraordinary a character, and strikes so radically 
at the political system of America, that it is proper to 
state it in the very words of the report. 

"The act (concerning aliens) is said to he uncon- 
stitutional, because to remove aliens is a direct breach 
of the Constitution, which provides, by the Ninth 
section of the First article, that the migration or im- 
portation of such persons as any of the States shall 
think proper to admit, shall not be prohibited by the 
Congress prior to the year 1808." 

Among the answers given to this objection to the 
constitutionality of the act, the following very remark- 
able one is extracted : 

" Thirdly, That, as the Constitution has given to 
the States no power to remove aliens, during the 
period of the limitation under consideration, in the 
meantime, on the construction assumed, there would 
be no authority in the country empowered to send 
away dangerous aliens which cannot be admitted." 

The reasoning here used would not, in any view, 
be conclusive; because there are powers exercised by 
most other governments which, in the United States, 
are withheld by the people both from the General 
Government and the State Governments. Of this 
sort are many of the powers prohibited by the declara- 
tions of rights prefixed to the Constitutions, or by the 
clauses, in the Constitutions, in the nature of such 
declarations. Nay, so far is the political system of 
the United States distinguishable from thnt of other 
countries, by the caution with which powers are dele- 
gated and defined, that, in one very important case, 
even of commercial regulation and revenue, the power 
is absolutely locked up against the hands of both gov- 
ernments. A tax on exports can be laid by no con- 
stitutional authority whatever. Under a system thus 
peculiarly guarded, there could surely be no absurdity 
in supposing that alien friends — who, if guilty of 
treasonable machinations, may be punished, or, if 
suspected on probable grounds, may be secured by 
pledges or imprisonment, in like manner with per- 
manent citizens — were never meant to be subjected 
to banishment by an arbitrary and unusual process, 
either under the one government or the other. 

But it is not the inconclusiveness of the general 
reasoning in this passage which chiefly calls the at- 
tention to it. It is the principle assumed by it, that 
the powers held by the States are given to them by 
the Constitution of the United States; and the infer- 
ence from this principle, that the powers supposed to 
be necessary, which are not so given to the State 
governments, must reside in the government of the 
United States. 

The respect which is felt for every portion of the 
constituted authorities forbids some of the reflections 
which this singular paragraph might excite ; and they 
are the more readily suppressed, as it may be pre- 
sumed, with justice perhaps as well as candor, that 
inadvertence may have had its share in the error. It 
would be unjustifiable delicacy, nevertheless, to pass 



948 

by so portentous a claim, proceeding from so high an 
authority, without a monitory notice of the fatal ten- 
dencies with which it wouM lie pregnant. 

Lastly, it is said that a law on the same subject 
with the Alien Act, passed by this State originally in 
1785, and re-enacted in 1792, is a proof that a sum- 
mary removal of suspected aliens was not heretofore 
regarded, by the Virginia legislature, as liable to the 
objections now urged against such a measure. 

This charge against Virginia vanishes before the 
simple remark that the law of Virginia relates to 
'• suspicious persons, being the subjects of any foreign 
power or State who shall have made a declaration of 
war, or actually commenced hostilities, or from whom 
the President shall apprehend hostile designs;" 
whereas the act of Congress relates to aliens, being 
the subjects of foreign powers and States, who have 
neither declared war, nor commenced hostilities, nor 
from whom hostile dangers are apprehended. 

2. It is next affirmed of the Alien Act that it unites 
legislative, judicial, and executive powers, in the 
hands of the President. However difficult it may be 
to mark, in every case, with clearness and certainty, 
the line which divides legislative power from the 
other departments of power, all will agree that the 
powers referred to these departments may be so gen- 
eral and undefined as to be of a legislative, not of an 
executive or judicial nature, and may for that reason 
be unconstitutional. -Details, to a certain degree, are 
essential to the nature and character of a law; and 
on criminal subjects, it is proper that details should 
leave as little as possible to the discretion of those 
who are to apply and execute the law. If nothing 
more were required, in exercising a legislative trust, 
than a general conveyance of authority — without lay- 
ing down any precise rules by which the authority 
conveyed should be carried into effect — it would fol- 
low that the whole power of legislation might be 
transferred by the Legislature from itself, and proc- 
lamations might become substitutes for law. A 
delegation of power in this latitude would not be de- 
nied to lie a union of the different powers. 

To determine, then, whether the appropriate powers 
of the distinct departments are united by the act au- 
thorizing the Executive to remove aliens, it must be 
inquired whether it contains such details, definitions, 
and rules, as appertain to the true character of a law ; 
especially a law by which personal liberty is invaded, 
property deprived of its value to the owner, and life 
itself indirectly exposed to danger. 

The Alien Act declares "that it shall )>e lawful for 
the President to order all such aliens as he shall judge 
dangerous to the peace and safety of the United 
States, or shall have reasonable ground to suspect are 
concerned in any treasonable or secret machinations 
against the government thereof, to depart," etc. 

Could a power be well given in terms less definite, 
less particular, and less precise ? To be dangerous 
to the public safety — to be suspected of secret machina- 
tions against the government — these can never be 
mistaken for legal rules or certain definitions. They 
leave everything to the President. His will is the 
law. 

But it is not a legislative power only that is given 
to the President. He is to stand in the place of the 
judiciary also. His suspicion is the only evidence 
which is to convict; his order, the only judgment 
which is to be executed. 

Thus it is the President whose will is to designate 
the offensive conduct ; it is his will that is to ascertain 



ATTENDIX IL—MADISOX'S FETOR T. 



the individuals on whom it is charged ; and it is his 
will that is to cause the sentence to be executed. It 
is rightly affirmed, therefore, that the act unites legis- 
lative and judicial powers to those of the Kxeculive. 

3. It is affirmed that this union of power subverts 
the genera) principle of free government. 

It has become an axiom in the science of govern- 
ment, that a separation of the legislative, executive, 
and judicial departments is necessary to the preserva- 
tion of public liberty. Nowhere has this axiom been 
belter ufklerstood in theory, or more carefully pur- 
sued in practice, than in the United States. 

4. It is affirmed lhat such a union of power sub- 
verts the particular organization nn.i positive provision 
of the Federal Constitution. 

According to the particular organization of the 
Constitution its legislative powers are vested in the 
Congress, its execrtive powers in the President, and 
its judicial powers in a supreme and inferior tribunals. 
The union of any of these powers, and still more of 
all three, in any one of these departments, as has been 
shown to be done by the Alien Act, must, conse- 
quently, subvert the constitutional organization of 
them. 

That positive provisions, rn the Constitution, secur- 
ing to individuals the benefits of fair trial, are also 
violated by the union of powers in the Alien Act, 
necessarily results from the two facts, that the act 
relates to alien friends, and that alien friends, being 
under the municipal law only, are entitled to its pro- 
tection. 

The second object, against which the resolution 
protests, is the Sedition Act. 

Of this act it is affirmed — 1. That, it exercises, in 
like manner, a power not delegated by the Constitu- 
tion ; 2. That the power, on the contrary, is expressly 
and positively forbidden by one of the amendments 
to the Constitution ; 3. That this is a power which, 
more than any other, ought to produce universal 
alarm, because it is levelled against that right of 
freely examining public characters and measures, and 
of free communication thereon, which has ever been 
justly deemed the only effectual guardian of every 
other right. 

1. That it exercises a power not delegated by the 
Constitution. 

Here, again, it vill be proper to recollect that the 
Federal Government being composed of powers spe- 
cifically granted, with reservation of all others to the 
States or to the people, the positive authority under 
which the Sedition Act could be passed must be pro- 
duced by those who assert its constitutionality. In 
what part of the Constitution, then, is this authority 
10 be found ? 

Several attempts have been made to answer this 
question, which will be examined in their order. The 
committee will begin with one which has filled them 
with equal astonishment and apprehension; and 
which, they cannot but persuade themselves, must have 
the same effect on all who will consider it with cool- 
ness and impartiality, and with a reverence for our 
Constitution, in the true character in which it issued 
from tlie sovereign authority of the people. The com- 
mittee refer to the doctrine lately advanced, as a 
I sanction to the Sedition Act, "that the common or 
unwritten law" — a law of vast extent and complex- 
ity, and embracing almost every possible subject of 
legislation, both civil and criminal — makes a part of 
the law of these States, in their united and national 
i capacity. 



APPENDIX H.— MADISON'S REPORT. 



949 



The novelty, and, in the judgment of the com- 
mittee, the extravagance of this pretension, would 
have consigned it to the silence in which they have 
passed by other arguments which an extraordinary 
zeal for the act has drawn into the discussion ; but 
the auspices under which this innovation presents 
itself have constrained the committee to bestow on it 
an attention which other considerations might have 
forbidden. 

In executing the task, it may be of use to look 
back to the colonial state of this country prior to the 
Revolution; to trace the effect of the Revolution 
which converted the colonies into independent States ; 
to inquire into the import of the Articles of Con- 
federation, the first instrument by which the union of 
the States was regularly established ; and, finally, to 
consult the Constitution of 1787, which is the oracle 
that must decide the important question. 

In the state prior to the Revolution, it is certain 
that the common law, under different limitations, 
made a part of the colonial codes. But, whether it 
be understood that the original colonists brought the 
law with them, or made it their law by adoption, it is 
equally certain that it was the separate law of each 
colony within its respective limits, and was unknown 
to them as a law pervading and operating through the 
whole, as one society. 

It could not possibly be otherwise. The common 
law was not the same in any two of the colonies ; in 
some, the modifications were materially and exten- 
sively different. There was no common legislature, 
by which a common will could be expressed in the 
form of a law ; nor any common magistracy, by 
which such a law could be carried into practice. 
The will of each colony, alone and separately, had 
its organs for these purposes. This stage of our 
political history furnishes no foothold for the patrons 
of this new doctrine. 

Did, then, the principle or operation of the great 
event, which made the colonies independent States, 
imply or introduce the common law, as a law of the 
Union ? 

The fundamental principle of the Revolution was, 
that the colonies were co-ordinate members with each 
other, and with Great Britain, of an empire united by 
a common executive sovereign, but not united by any 
common legislative sovereign. The legislative power 
was maintained to be as complete in each American 
Parliament, as in the British Parliament. And the 
royal prerogative was in force in each colony, by 
virtue of its acknowledging the King for its execu- 
tive magistrate, as it was in Great Britain, by virtue 
of a like acknowledgment there. A denial of these 
principles by Great Britain, and the assertion of them 
by America, produced the Revolution. 

There was a time, indeed, when an exception to 
the legislative separation of the several component 
and coequal parts of the empire obtained a degree 
of. quiescence. The British Parliament was allowed 
to regulate the trade with foreign nations, and be- 
tween the different parts of the empire; This was, 
kowever, mere practice without right, and contrary 
to the true theory of the Constitution. The conve- 
nience of some regulations, in both cases, was appa- 
rent ; and as there was no legislature with power 
over the whole, nor any constitutional pre-eminence 
among the legislatures of the several parts, it was 
natural for the legislature of that particular part which 
was the eldest and the largest, to assume this function, 
and for the others to acquiesce in it. This tacit 



arrangement was the less criticised, as the regulations 
established by the British Parliament operated in 
favor of that part of the empire which seemed to 
bear the principal share of the public burdens, and 
were regarded as an indemnification of its advances 
for the other parts. As long as this regulating power 
was confined to the two objects of conveniency and 
equity, it was not complained of, nor much inquired 
into. But no sooner was it perverted to the selfish 
views of the party assuming it, than the injured 
parties began to feel and to reflect ; and the moment 
the claim to a direct and indefinite power was en- 
grafted on the precedent of the regulating power, the 
whole charm was dissolved, and every eye opened to 
the usurpation. The assertion by Great Britain of a 
power to make laws for the other members of the 
empire, in all cases whatsoever, ended in the dis- 
covery that she had a right to make laws for them in 
no cases whatever. 

Such being the ground of our Revolution, no sup- 
port or color can be drawn from it for the doctrine 
that the common law is binding on these States as 
one society. The doctrine, on the contrary, is evi- 
dently repugnant to the fundamental principle of the 
Revolution. 

The Articles of Confederation are the next source 
of information on this subject. 

In the interval between the commencement of the 
Revolution and the final ratification of these Articles, 
the nature and extent of the Union was determined 
by the circumstances of the crisis, rather than by any 
accurate delineation of the general authority. It will 
not be alleged that the "common law" could have 
any legitimate birth, as a law of the United Stale:;, 
during that state of things. If it came, as such, into 
existence at all, the charter of confederation must 
have been its parent. 

Here, again, however, its pretensions are absolutely 
destitute of foundation. This instrument does not 
contain a sentence or a syllable that can be tortured 
into a countenance of the idea that the parties to it 
were, with respect to the objects of the common law, 
to form one community. No such law is named, or 
implied, or alluded to, as being in force, or as brought 
into force by that compact. No provision is made by 
which such a law could be carried into operation ; 
whilst, on the other hand, every such inference or 
pretext is absolutely precluded by art. 2, which de- 
clares " that each State retains its sovereignty, free- 
dom, and independence, and every power, jurisdic- 
tion, and right, which is not by this Confederation 
expressly delegated to the United States in Congress 
assembled." 

Thus far it appears that not a vestige of this extra- 
ordinary doctrine can be found in the origin or pro- 
gress of American institutions. The evidence against 
it has, on the contrary, grown stronger at every step, 
till it has amounted to a formal and positive exclu- 
sion, by written articles of compact, among the parties 
concerned. 

Is this exclusion revoked, and the common law 
introduced as national law, by the present Constitu- 
tion of the United States? This is the final question 
to be examined. 

It is readily admitted that particular parts of the 
common law may have a sanction from the Constitu- 
tion, so far as they are necessarily comprehended in 
the technical phrases which express the powers dele- 
gated to the Government; and so far, also, as such 
other parts may be adopted by Congress, as necessary 



950 



APPENDIX II.— MADISON'S REPORT. 






and proper for carrying into execution the powers 
expressly delegated. But the question does not relate 
to cither of these portions of the common law. It 
relates to the common law beyond these limitations. 

The only part of the Constitution which seems to 
have been relied on in this case, is the 2d section of 
art. 3: — "The judicial power shall extend to all 
cases, in law and equity, arising under this Constitu- 
tion, the laws of the United States, and treaties made, 
or which -hail be made, under their authority." It 
has been asked what cases, distinct from those arising 
under the laws and treaties of the United States, can 
arise under the Constitution, other than those arising 
under the common law; and it is inferred that the 
common law is, accordingly, adopted or recognized 
by the Constitution. 

Never, perhaps, was so broad a construction applied 
to a text so clearly unsusceptible of it. If any color 
for the inference could be found, it must be in the 
impossibility of finding any other cases, in law and 
equity, within the provisions of the Constitution, to 
satisfy the expression ; and rather than resort to a 
construction affecting so essentially the whole charac- 
ter of the Government, it would perhaps be more 
rational to consider the expression as a mere pleonasm 
or inadvertence. But it is not necessary to decide on 
such a dilemma. The expression is fully satisfied, 
and its accuracy justified, by two descriptions of cases, 
to which the judicial authority is extended, and neither 
of which implies that the common law is the law of 
the United States. One of these descriptions com- 
prehends the cases growing out of the restrictions on 
the legislative power of the States. For example, it 
i-; provided that "no State shall emit bills ot credit," 
or " make any thing but gold and silver coin a tender 
for the payment of debts." Should this prohibition 
be violated, and a suit between citizens of the same 
State be the consequence, this would be a case arising 
under the Constitution before the judicial power of 
the United States. A second description comprehends 
suits between citizens and foreigners, of citizens of 
different States, to be decided according to the State 
or foreign laws, but submitted by the Constitution to 
the judicial power of the United States; the judicial 
power being, in several instances, extended beyond 
the legislative power of the United States. 

To this explanation of the text, the following ob- 
servations may be added: 

The expression "cases in law and equity" is mani- 
festly confined to cases of a civil nature, ; nd would 
exclude cases of criminal jurisdiction. Criminal cases 
in law and equity would be a language unknown to 
the law. 

The succeeding paragraph in the same section is in 
harmony with this construction. It is in these words: 
"In all cases affecting ambassadors, or other public 
ministers, and consuls; and those in which a State 
shall be a party, the Supreme Court shall have orig- 
inal jurisdiction. In all the other cases (including 
cases of law and equity arising under the Constitu- 
tion) the Supreme Court shall have appellate jurisdic- 
tion, both as to law and fact, with such exceptions, 
and under such regulations, as Congress shall make." 

This paragraph, by expressly giving an appellate 
jurisdiction in cases of law and equity arising under 
the Constitution, to fact, as well as to law, clearly ex- 
cludes criminal cases, where the trial by jury is 
secured — because the fact, in such cases, is not a sub- 
ject of appeal ; and, although the appeal is liable to 
such exceptions and regulations as Congress may 



adopt, yet it is not to be supposed that an exception 
of ^//criminal cases could be contemplated, as well 
because a discretion in Congress to make or omit the 
exception would be improper, as because it would 
have been unnecessary. The exception could as 
easily have been made by the Constitution itself, as 
referred to the Congress. 

Once more : The amendment last added to the 
Constitution deserves attention as throwing light on 
this subject. " The judicial power of the United 
States shall not be construed to extend to any suit in 
law or equity, commenced or prosecuted against one 
of the United States, by citizens of another Stale, or 
by citizens or subjects of any foreign power." As it 
will not be pretended that any criminal proceeding 
could take place against a State, the terms law or 
equity must be understood as appropriate to civil in 
exclusion of criminal cases. 

From these considerations, it is evident that this 
part of the Constitution, even if it could be applied at 
all to the purpose for which it has been cited, would 
not include any cases whatever of a criminal nature, 
and consequently would not authorize the inference 
from it, that the judicial authority extends to offences 
against the common law, as offences arising under the 
Constitution. 

It is further to be considered that, even if this part 
of the Constitution could be strained into an applica- 
tion to every common law case, criminal as well as 
civil, it could have no effect in justifying the Sedition 
Act, which is an act of legislative, and not of judici: 1 
power : and it is the judicial power only of which the 
extent is defined in this part of the Constitution, 

There are two passages in the Constitution, in which 
a description of the law of the United States is found. 
The first is contained in art. 3, sec. 3, in the words 
following: " This Constitution, the laws of the United 
States, and treaties made, or which shall be made, 
under this authority." The second is contained in 
the second paragraph of art. 6, as follows: "This 
Constitution, and the laws of the United States which 
shall be made in pursuance thereof, and all treaties 
made or which shall be made, under the authority of 
the United States, shall be the supreme law of the 
land." The first of these descriptions was meant as a 
guide to the judges of the United States ; the second, 
as a guide to the judges of the several States. Both 
of them consist of an enumeration, which was evi- 
dently meant to be precise and complete. If the 
common law had been understood to be a law of the 
United States, it is not possible to assign a satisfactory 
reason why it was not expressed in the enumeration. 

In aid of these objections, the difficulties and con- 
fusion inseparable from a constructive introduction of 
the common law would afford powerful reasons 
against it. 

Is it to be the common law with or without the 
British statutes? If without the statutory amend- 
ments, the vices of the code would be insupportable. 

If with these amendments, what period is to be 
fixed for limiting the British authority over our laws? 

Is it to be the date of the eldest, or the youngest, 
of the colonies? Or are the dates to be thrown to- 
gether, and a medium deduced ? Or is our inde- 
pendence to be taken for the date ? 

Is, again, regard to be had to the various changes 
in the common law made by the local codes of 
America ? 

Is regard to be had to such changes subsequent as 
well as prior to the establishment of the Constitution? 



APPENDIX H.— MADISON'S REPORT. 



951 



Is regard to be had to future as well as past 
changes ? 

Is the law to be different in every State, as differ- 
ently modified by its code; or are the modifications 
of any particular State to be applied to all? 

And on the latter supposition, which among the 
State codes form? the standard ? 

Questions of this sort might be multiplied with as 
much ease as there would be difficulty in answering 
them. 

These consequences, flowing from the proposed 
construction, furnish other objections equally conclu- 
sive ; unless the text were peremptory in its meaning, 
and consistent with other parts of the instrument. 

These consequences may be in relation to the leg- 
islative authority of the United States ; to the execu- 
tive authority ; to the judicial authority; and to the 
Governments of the several States. 

If it be understood that the common law is estab- 
lished by the Constitution, it follows that no part of 
the law can be altered by the Legislature. Such of 
the statutes already passed as may be repugnant 
thereto, would be nullified ; particularly the Sedition 
Act itself, which boasts of being a melioration of the 
common law ; and the whole code, with all its incon- 
gruities, barbarisms, and bloody maxims, would be 
inviolably saddled on the good people of the United 
States. 

Should this consequence be rejected, and the com- 
mon law be held, like other laws, liable to revision 
and alteration by the authority of Congress, it then 
follows that the authority of Congress is co-extensive 
with the objects of common law ; that is to say, with 
every object of legislation ; for to every such object 
does some branch or other of the common law ex- 
tend. The authority of Congress would, therefore, be 
no longer under the limitations marked out in the 
Constitution. They would be authorized to legislate 
in all cases whatsoever. 

In the next place, as the President possesses the 
executive powers of the Constitution, and is to see 
that the laws be faithfully executed, his authority also 
must be co-extensive with every branch of the com- 
mon law. The additions which this would make to 
his power, though not readily to be estimated, claim 
the most serious attention. 

This is not all: it will merit the most profound 
consideration, how far an indefinite admission of the 
common law, with a latitude in construing it equal to 
the construction by which it is deduced from the Con- 
stitution, might draw after it the various prerogatives, 
making part of the unwritten law of England. The 
English Constitution itself is nothing more than a 
composition of unwritten laws and maxims. 

In the third place, whether the common law be 
admitted as of legal or of constitutional obligation, it 
would confer on the judicial department a discretion 
little short of a legislative power. 

On the supposition of its having a constitutional 
obligation, this oower in the judges would be per- 
manent and irremediable by the Legislature. On 
the other supposition, the power would not expire 
until the Legislature should have introduced a full 
system of statutory provisions. Let it be observed, 
too, that, besides all the uncertainties above enumer- 
ated, and which present an immense field for judicial 
discretion, it would remain with the same department 
to decide what parts of the common law would, and 
what would not, lie properly applicable to the circum- 
stances of the United States, 



A discretion of this sort has always been lamented 
as incongruous and dangerous, even in the colonial 
and State courts, although so much narrowed by 
positive provisions in the local codes on all the prin- 
cipal subjects embraced by the common law. Under 
the United States, where so few laws exist on those 
subjects, and where so great a lapse of time must 
happen before the vast chasm could be supplied, it is 
manifest that the power of the judges over the law 
would, in fact, erect them into legislators, and thai, 
for a long time, it would be impossible for the citizens 
to conjecture either what was, or would be, law. 

In the last place, the consequence of admitting the 
common law as the law of the United States, on the 
authority of the individual States, is as obvious as it ' 
would be fatal. As this law relates to every subject 
of legislation, and would be paramount to the Con- 
stitutions and laws of the States, the admission of it 
would overwhelm the residuary sovereignty of the 
States, and, by one constructive operation, new-model 
the whole political fabric of the country. 

From the review thus taken of the situation of the 
American colonies prior to their independence; of 
the effect of this event on their situation ; of the nature 
and import of the Articles of Confederation ; of the 
true meaning of the passage in the existing Constitu- 
tion from which the common law has been deduced; 
of the difficulties and uncertainties incident to the 
doctrine; and of its vast consequences in extending 
the powers of the Federal Government, and in super- 
seding the authorities of the State governments, — the 
committee feel the utmost confidence in concluding 
that the common law never was, nor by any fair con- 
struction ever can be, deemed a law for the American 
people as one community, and they indulge the 
strongest expectation that the same conclusion will 
be finally drawn by all candid and accurate inquirers 
into the subject. It is, indeed, distressing to reflect 
that it ever should have been made a question, 
whether the Constitution, on the whole face of which 
is seen so much labor to enumerate and define the 
several objects of Federal power, could intend to 
introduce in the lump, in an indirect manner, and by 
a forced construction of a few phrases, the vast and 
multifarious jurisdiction involved in the common law 
— a law filling so many ample volumes, a law over- 
spreading the entire field of legislation ; and a law 
that would sap the foundation of the Constitution as 
a system of limited and specified powers. A severer 
reproach could not, in the opinion of the committee, 
be thrown on the Constitution, on those who framed, 
or on those who established it, than such a supposi- 
tion would throw on them. 

The argument, then, drawn from the common law, 
on the ground of its being adopted or recognized by 
the Constitution, being inapplicable to the Sedition 
Act, the committee will proceed to examine the other 
arguments which have been founded on the Consti- 
tution. 

They will waste but little time in the attempt to 
cover the act by the preamble to the Constitution, it 
being contrary to every acknowledged rule of con- 
struction to set up this part of an instrument in oppo- 
sition to the plain meaning expressed in the body uf 
the instrument. A preamble usually contains the 
general motives or reason for the particular regula- 
tions or measures which follow it, and is always un- 
derstood to be explained and limited by them. In 
the present instance, a contrary interpretation would 
have the inadmissible effect of rendering nugatory or 



952 



APTEXDIX II.—MADISOX'S REPORT. 



improper every part of the Constitution which suc- 
ceeds the preamble. 

The paragraph in Article I, Section 8, which con- 
tains the power to levy and collect taxes, duties, im- 
posts, and excises, to pay the debts, and provide for 
the common defence and general welfare, having 
been already examined, will also require no particular 
attention in this place. It will have been seen that, 
in its fair and consistent meaning, it cannot enlarge 
the enumerated powers vested in Congress. 

The part of the Constitution which seems most to 
be recurred to, in defence of the Sedition Act, is the 
last clause of the above section, empowering Con- 
gress "to make all laws which shall be necessary and 
.proper for carrying into execution the foregoing 
powers, and all other powers vested by this Constitu- 
tion in the government of the United States, or in 
any department or officer thereof. - ' 

The plain import of this clause is, that Congress 
shall have all the incidental or instrumental powers 
necessary and proper for carrying into execution all 
the express powers, whether they be vested in the 
government of the United States, more collectively, 
or in the several departments or officers thereof. 

It is not a grant of new powers to Congress, but 
merely a declaration, for the removal of all uncer- 
tainty, that the means of carrying into execution those 
otherwise granted are included in the grant. 

Whenever, therefore, a question arises concerning 
the constitutionality of a particular power, the first 
question is, whether the power be expressed in the 
Constitution. If it be, the question is decided. If it 
be not expressed, the next inquiry must be, whether 
it is properly an incident to an express power, and 
necessary to its execution. If it be, it may be exer- 
cised by Congress. If it be not, Congress cannot 
exercise it. 

Let the question be asked, then, whether the power 
over the press, exercised in the Sedition Act, be found 
among the powers expressly vested in Congress. This 
is not pretended. 

Is there any express power, for executing which it 
is a necessary and proper power? 

The power which has been selected, as least re- 
mole, in answer to this question, is that " of suppress- 
ing insurrections;" which is said to imply a power 
to prevent insurrections, by punishing whatever may- 
lead or tend to them. But it surely cannot, with the 
least plausibility, be said, that the regulation of the 
press, and punishment of libels, are exercises of a 
power to suppress insurrections. The most that could 
be said would be, that the punishment of libels, ii it 
had the tendency ascribed to it, might prevent the 
occasion of passing or executing laws necessary and 
proper for the suppression of insurrections. 

II. i> the Federal Government no power, then, to 
prevent as well as to punish resistance to the laws? 

They have the power, which the Constitution 
■i most proper, in their hands for the purpose. 
The Congress has power, before it happens, 
laws for punishing it ; and the executive and judiciary 
have power to enforce those laws when it does 
happen. 

It must be recollected by many, and could be 
shown to the satisfaction of all, that the construction 
here put on (he terms "necessary and proper" is 
precisely the construction which prevailed during the 
discussions and ratifications of the Constitution. It 
may be added, ami cannot too often be repeated, that 
it is a construction absolutely necessary to maintain 



their consistency with the peculiar character of the 
government, as possessed of particular and definite 
powers only, not of the general and indefinite powers 
vested in ordinary governments; for, if the power to 
suppress insurrections includes the power to punish 
libels, or if the power to punish includes a power to 
prevent, by all the means that may have that ten- 
dency, such is the relation and influence among the 
most remote subjects of legislation, that a power over 
a very few would carry with it a power over all. 
And it must be wholly immaterial whether unlimited 
powers be exercised under the name of unlimited 
powers, or be exercised under the name of unlimited 
means of carrying into execution limited powers. 

This branch of the subject will be closed with a 
reflection which must have weight with all, but more 
especially with those who place peculiar reliance 
on the judicial exposition of the Constitution, as the 
bulwark provided against an undue extension of the 
legislative power. If it be understood that the 
powers implied in the specified powers have an im- 
mediate and appropriate relation to them, as means 
necessary and proper for carrying them into execu- 
tion, questions on constitutionality of laws passed for 
this purpose will be of a nature sufficiently precise 
and determinate for judicial cognizance and control. 
If, on the other hand, Congress are not limited, in 
the choice of means, by any such appropriate relation 
of them to the specified powers, but may employ all 
such means as they may deem fitted to prevent, as 
well as to punish, crimes subjected to their authority 
(such as may have a tendency only to promote an 
object for which they are authorized to provide), 
every one must perceive that questions relating to 
means of this sort must be questions for mere 
and expediency; on which legislative discretion alone 
can decide, and from which the judicial interposition 
and control are completely excluded. 

2. The next point which the resolution requires to 
be proved is, that the power over the press, exercised 
by the Sedition Act, is positively forbidden by one of 
the amendments to the Constitution. 

The amendment stands in these words: *' Congress 
shall make no law respecting an establishment of re- 
ligion, or prohibiting the free exercise thereof, or 
abridging the freedom of speech, or of the press, or 
of the right of the people peaceably to assemble, and 
to petition the government for a redress of griev- 
ances." 

In the attempts to vindicate the Sedition Act, it 
has been contended, I. That the " freedom of the 
press" is to be determined by the meaning of these 
terms in the common law; 2. That the article sup- 
poses power over the press to be in Congress, and 
prohibits them only from abridging the freedom al- 
lowed to it by the common law. 

Although it will be shown, on examining the second 
of these positions, that the amendment is a denial 
to Congress <>f all power over the press, it may not 
be useless to make the following observations on the 
lust of them ; 

It is deemed to be a sound opinion that the Sedi- 
tion Act, in its definition of some of the crimes 
created, is an abridgment of the freedom of publica- 
tion, recognized by principles of the common law in 

'1 be freedom of the press, under the common law, 
is, in the defences of the Sedition Act, made to con- 
sist in an exemption from all previous restraint on 
printed publications, by persons authorized to inspect 



APPENDIX II.— MADISON'S REPORT. 



953 



or prohibit them. It appears to the committee that 
this idea of the freedom of the press can never be 
admitted to be the American idea of it; since a law 
inflicting penalties on printed publications would have 
a similar effect with a law authorizing a previous re- 
straint on them. It would seem a mockery to say 
that no laws should be passed preventing publications 
from being made, but that laws might be passed for 
punishing them in case they should be made. 

The essential difference between the British Gov- 
ernment and the American Constitutions will place 
this subject in the clearest light. 

In the British Government, the danger of encroach- 
ments on the rights of the people is understood to be 
confined to the executive magistrate. The Repre- 
sentatives of the people in the Legislature are not 
only exempt themselves from distrust, but are consid- 
ered as sufficient guardians of the rights of their con- 
stituents against the danger from the Executive. 
Hence it is a principle, that the Parliament is un- 
limited in its power; or, in their own language, is 
omnipotent. Hence, too, all the ramparts for pro- 
tecting the rights of the people, — such as their Magna 
Charta, their bill of rights, etc. — are not reared 
against the Parliament, but agaii^t the royal preroga- 
tive. They are merely legislative precautions against 
executive usurpation. Under such a government as 
this, an exemption of the press from previous restraint 
by licensers appointed by the King, is all the freedom 
that can be secured to it. 

In the United States the case is altogether different. 
The people, not the government, possess the absolute 
sovereignty. The Legislature, no less than the Ex- 
ecutive, is under limitations of power. Encroach- 
ments are regarded as possible from the one as well 
as from the other. Hence, in the United States, the 
great and essential rights of the people are secured 
against legislative as well as executive ambition. 
They are secured, not by laws paramount to preroga- 
tive, but by Constitutions paramount to laws. This 
security of the freedom of the press requires that it 
should be exempt, not only from previous restraint 
of the Executive, as in Great Britain, but from legis- 
lative restraint also; and this exemption, to be 
effectual, must be an exemption, not only from the 
previous inspection of licensers, but from the subse- 
quent penalty of laws. 

The state of the press, therefore, under the common 
law, cannot, in this point of view, be the standard 
of its freedom in the United States. 

But there is another view under which it may be 
necessary to consider this subject. It may be alleged 
that, although the security for the freedom of the press 
be different in Great Britain and in this country, — 
being a legal security only in the former, and con- 
stitutional security in the latter, — and although there 
may be a further difference, in an extension of the 
freedom of the pre:is, here, beyond an exemption 
from previous restraint, to an exemption from subse- 
quent penalties also, — yet the actual legal freedom 
of the press, under the common law, must deter- 
mine the degree of freedom which is meant by the 
terms, and which is constitutionally secured against 
both previous and subsequent restraints. 

The committee are not unaware of the difficulty of 
all general questions which may turn on the proper 
boundary between the liberty and licentiousness of the 
press. They will leave it, therefore, for considera- 
tion only, how far the difference between the nature 
of the British Government and the nature of the 



American Government, and the practice under the 
latter, may show the degree of rigor in the former to 
be inapplicable to, and not obligatory in, the latter. 

The nature of governments elective, limited, and 
responsible, in all their branches, may well be sup- 
posed to require a greater freedom of animadversion 
than might be tolerated by the genius of such a Gov- 
ernment as that of Great Britain. In the latter, it is 
a maxim that the King — an hereditary, not a respon- 
sible magistrate — can do no wrong; and that the 
Legislature, which, in two-thirds of its composition, 
is also hereditary, not responsible, can do what it 
pleases. In the United States the executive magis- 
trates are not held to be infallible, nor the Legisla- 
tures to be omnipotent ; and both, being elective, are 
both responsible. Is it not natural and necessary, 
under such different circumstances, that a different 
degree of freedom in the use of the press should be 
contemplated ? 

Is not such an inference favored by what is ob- 
servable in Great Britain itself? Notwithstanding 
the general doctrine of the common law on the sub- 
ject of the press, and the occasional punishment of 
those who use it with a freedom offensive to the gov- 
ernment, it is well known that, with respect to the re- 
sponsible measures of the government, where the 
reasons operating here become applicable there, the 
freedom exercised by the press and protected by 
public opinion, far exceeds the limits prescribed by 
the ordinary rules of law. The ministry, who are re- 
sponsible to impeachment, are at all limes animad- 
verted on by the press with peculiar freedom ; and 
during the elections for the House of Commons, the 
other responsible part of the government, the press is 
employed with as little reserve towards the candidates. 

The practice in America must be entitled to much 
more respect. In every State, probably, in the Union, 
the press has exerted a freedom in canvassing the 
merits and measures of public men of every descrip- 
tion, which has not been confined to the strict limits 
of the common law. On this footing the freedom 
of the press has stood ; on this foundation it yet 
stands; and it will not be a breach, either of truth ot 
of candor, to sqy that no persons or presses are in the 
habit of more unrestrained animadversions on the 
proceedings and functionaries of the State Govern- 
ments than the persons and presses most zealous in 
vindicating the act of Congress for punishing similar 
animadversions on the Government of the United 
States. 

The last remark will not be understood as claiming 
for the State Governments an immunity greater than 
they have heretofore enjoyed. Some degree of abuse 
is inseparable from the proper use of everything ; and 
in no instance is this more true than in that of the 
press. It has accordingly been decided, by the prac- 
tice of the States, that it is better to leave a few of its 
rroxious branches to their lux riant growth, than, by 
pruning them away, to injure the vigor of those yield- 
ing the proper fruits. And can the wisdom of this 
policy be doubtful by any one who reflects that to 
the press alone, checkered as it is with abuses, the 
world is indebted for all the triumphs which have 
been gained bv reason and humanity over error and 
oppression; who reflects that to the same beneficent 
source the United States owe much of the lights 
which conducted them to the rank of a free and inde- 
pendent nation, and which have improved their 
political system into a shape so auspicious to their 
happiness ? Had Sedition Acts, forbidding every pub- 



954 



APPENDIX II.— MADISON'S REPORT. 



lication that might bring the constituted agents into 
contempt or disrepute, or that might excite the hatred 
of the people against the authors of unjust or per- 
nicious measures, been uniformly enforced against 
the press, might not the United States have been lan- 
guishing at this day under the infirmities of a sickly 
Confederation ? Slight they not, possibly, be miser- 
able colonies, groaning under a foreign \oke? 

To these observations one fact will be added, which 
demonstrates that the common law cannot be ad- 
mitted as the universal expositor of American terms, 
which may be the same with those contained in that 
law. The freedom of conscience, and of religion, is 
found in the same instrument which asserts the free- 
dom of the press. It will never be admitted that the 
meaning of the former, in the common law of Eng- 
land, is to limit their meaning in the United States. 

Whatever weight may be allowed to these con- 
siderations, the committee do not, however, by any 
means intend to rest the question on them. They 
contend that the article of the amendment, instead 
of supposing in Congress a power that might be exer- 
cised over the press, provided its freedom was not 
abridged, meant a positive denial to Congress of any 
power whatever on the subject. 

To demonstrate that this was the true object of the 
article, it will be sufficient to recall the circumstances 
which led to it, and to refer to the explanation accom- 
panying the article. 

When the Constitution was under the discussions 
which preceded its ratification, it is well known that 
great apprehensions were expressed by many, lest the 
omission of some positive exception, from the powers 
delegated, of certain rights, and of the freedom of 
the press particularly, might expose them to danger 
of being drawn, by construction, within some of the 
powers vested in Congress; more especially of the 
power to make all laws necessary and proper for 
carrying their other powers into execution. In reply 
to this objection, it was invariably urged to be a 
fundamental and characteristic principle of the Con- 
stitution, that all powers not given by it were reserved ; 
that no powers were given beyond those enumerated 
in the Constitution, and such as were, fairly incident 
to them ; that the power over the rights in question, 
and particularly over the press, was neither among 
the enumerated powers, nor incident to any ol them ; 
and consequently that an exercise of any such power 
would be manifest usurpation. It is painful to remark 
how much the arguments now employed in behalf of 
the Sedition Act, are at variance with the reasoning 
which then justified the Constitution, and invited its 
ratification. 

From this posture of the subject resulted the inter- 
esting question, in so many of the conventions, 
whether the doubts and dangers ascribed to the Con- 
stitution should be removed by any amendments pre- 
vious to the ratification, or be postponed, in confidence 
that, as far as they might be proper, they would be 
introduced in the form provided by the Constitution. 
The latter course was adopted ; and in most of the 
States, ratifications were followed by the propositions 
and instructions for rendering the Constitution more 
explicit, and more safe to the rights not meant to be 
delegated by it. Among those rights, the freedom of 
the press, in most instances, is particularly and em- 
phatically mentioned. The firm and very pointed 
manner in which it is asserted in the proceedings of 
the convention of this S ate will hereafter be seen. 

In pursuance of the wishes thus expressed, the fi-st 



Congress that assembled under the Constitution pro- 
posed certain amendments, which have since, by the 
necessary ratifications, been made a part of it ; among 
which amendments is the article containing, among 
other prohibitions on the Congress, an express decla- 
ration that they should make no law abridging the 
freedom of the press. 

Without tracing farther the evidence on this sub- 
ject, it would seem scarcely possible to doubt that 10 
power whatever over the press was supposed to be 
delegated by the Constitution, as it originally stood, 
and that the amendment was intended as a positive 
and absolute reservation of it. 

But the evidence is still stronger. The proposition 
of amendments made by Congress is introduced in 
the following terms: 

" The conventions of a number of the States, 
having, at the time of their adopting the Constitution, 
expressed a desire, in oider to prevent misconstruc- 
tion or abuse of its powers, that further declaratory 
and restrictive clauses should, be added ; and as ex- 
tending the ground of public confidence in the Gov- 
ernment, will best insure the beneficent ends of its 
institution." 

Here is the most satisfactory and authentic proof 
that the several amendments proposed were to be 
considered as either declaratory or restrictive, and, 
whether the one or the other, as corresponding with 
the desire expressed by a number of the States, and 
as extending the ground of public confidence in the 
Government. 

Under any other construction of the amenchm nt 
relating to the press, than that it declared the press to 
be wholly exempt from the power of Congress, tl e 
amendment could neither be said to correspond with 
the desire expressed by a number of the States, nor 
be calculated to extend the ground of public confi- 
dence in the Government. 

Nay, more; the construction employed to justify 
the Sedition Act would exhibit a phenomenon with- 
out a parallel in the political world. It would tx- 
hibit a number of respectable States, as denying, 
first, that any power ovtr the press was delegated by 
the Constitution; as proposing, next, that no such 
power was delegated ; and, finally, as concurring in 
an amendment actually recognizing or delegating 
such a power. 

Is then, the Federal Government, it will be asked, 
destitute of every authority for restraining the licen- 
tiousness of the press, and for shielding itself against 
the libellous attacks which may be made on those 
who administer it ? 

The Constitution alone can answer this question. 
If no such power be expressly delegated, and if it be 
not both necessary and proper to carry into execution 
an express power; above all, if it be expressly for- 
bidden by a declaratory amendment to the Constitu- 
tion, — the answer must be, that the Federal Govern- 
ment is destitute of all such authority. 

And might it not be asked, in turn, whether it is 
not more probable, under all the circumstances which 
have been reviewed, that the authority should be 
withheld by the Constitution, than that it should be 
left to a vague and violent construction, whilst so 
much pains were bestowed in enumerating other 
powers, and so many less important powers are in- 
cluded in the enumeration ? 

Might it not be likewise asked, whether the anxious 
circumspection which dictated so many peculiar lim- 
itations on the general authority, would be unlikely 



APPENDIX H.— MADISON'S REPORT. 



955 



to exempt the press altogether from that authority? 
The peculiar magnitude of some of the powers neces- 
sarily committed to the Federal Government ; the 
peculiar duration required for the functions of some 
of its departments ; the peculiar distance of the seat 
of its proceedings from the great body of its constitu- 
ents ; and the peculiar difficulty of circulating an 
adequate knowledge of them through any other chan- 
nel ; — will not these considerations, some or other of 
which produced other exceptions from the powers of 
ordinary Governments, altogether, account for the 
policy of binding the hands of the Federal Govern- 
ment from touching the channel which alone can give 
efficacy to its responsibility to its constituents, and of 
leaving those who administer it to a remedy, for their 
injured reputations, under the same laws, and in the 
same tribunals, which protect their lives, their liber- 
ties,, and their properties ? But the question does not 
turn either on the wisdom of the Constitution, or on 
the policy which gave rise to its particular organiza- 
tion. It turns on the actual meaning of the instru- 
ment, by which it has appeared that a power over the 
press is clearly excluded from the number of powers 
delegated to the Federal Government. 

3. And in the opinion of the committee, well may 
it be said, as the resolution concludes with saying, 
that the unconstitutional power exercised over the 
press by the Sedition Act, ought, " more than any 
other, to produce universal alarm ; because it is lev- 
elled against that right of freely examining public char- 
acters, and measures, and of free communication among 
the people thereon, which has ever been justly deemed 
the only effectual guardian of every other right." 

Without scrutinizing minutely into all the provisions 
of the Sedition Act, it will be sufficient to cite so 
much of section 2d as follows : — " And be it further 
enacted, that if any shall write, print, utter, or pub- 
lish, or shall cause or procure to be written, printed, 
uttered, or published, or shall knowingly and will- 
ingly assist or aid in writing, printing, uttering, or 
publishing, any false, scandalous and malicious writ- 
ing or writings against the Government of the United 
States, or either house of the Congress of the United 
States, with an intent to defame the said Government, 
or either house of the said Congress, or the President, 
or to bring them, or either of them into contempt or 
disrepute, or to excite against them, or either, or any 
of them, the hatred of the good people of the United 
States, etc., — then such persons, being thereof con- 
victed before any court of the United States having 
jurisdiction thereof, shall be punished by a fine not 
exceeding two thousand dollars, and by imprisonment 
not exceeding two years." 

On this part of the act the following observations 
present themselves : 

1. The Constitution supposes that the President, 
the Congress, and each of its houses, may not dis- 
charge their trusts, either from defect of judgment or 
other causes. Hence they are all made responsible 
to their constituents, at the returning periods of elec- 
tions; and the President, who is singly intrusted with 
very great powers, is, as a further guard, subjected to 
an intermediate impeachment. 

2. Should it happen, as the Constitution supposes 
it may happen, that either of these branches of the 
Government may not have duly discharged its trust, 
it is natural and proper, that, according to the cause 
and degree of their faults, they should be brought 
into contempt or disrepute, and incur the hatred of 
the people. 



3. Whether it has, in any case, happened that the 
proceedings of either or all of those branches evince 
such a violation of duty as to justify a contempt, a 
disrepute, or hatred among the people, can only be 
determined by a free examination thereof, and a Irce 
communication among the people thereon. 

4. Whenever it may have actually happened that 
proceedings of this sort are chargeable on all or 
either of the branches of the Government, it is the 
duty, as well as the right, of intelligent and faithful 
citizens to discuss and promulgate them freely — as 
well to control them by the censorship of the public 
opinion, as to promote a remedy according to the 
rules of the Constitution. And it cannot be avoided 
that those who are to apply the remedy must feel, in 
some degree, a contempt or hatred against the trans- 
gressing party. 

5. As the act was passed on July 14, 1798, and is 
to be in force until March 3, 1801, it was of course 
that, during its continuance, two elections of the 
entire House of Representatives, an election of a 
part of the Senate, and an election of a President, 
were to take place. 

6. That, consequently, during all these elections, — 
intended, by the Constitution, to preserve the purity 
or to purge the faults of the administration, — the great 
remedial rights of the people were to be exercised, 
and ■ the responsibility of their public agents to be 
screened, under the penalties of this act. 

May it not be asked of every intelligent friend to 
the liberties of his country, whether the power exer- 
cised in such an act as this ought not to produce great 
and universal alarm ? Whether a rigid execution of 
such an act, in time past, would not have repressed 
that information and communication among the peo- 
ple which is indispensable to the just exercise of their 
electoral rights? And whether such an act, if made 
perpetual, and enforced with vigor, would not, in time 
to come, either destroy our free system of government, 
or prepare a convulsion that might prove equally fatal 
to it? 

In answer to such questions, it has been pleaded 
that the writings and publications forbidden by the 
act are those only which are false and malicious, and 
intended to defame; and merit is claimed for the 
privilege allowed to authors to justify, by proving the 
truth of their publications, and for the limitations to 
which the sentence of fine and imprisonment is sub- 
jected. 

To those who concurred in the act, under the ex- 
traordinary belief that the option lay between the 
passing of such an act, and leaving in force the com- 
mon law of libels, which punishes truth equally with 
falsehood, and submits fine and imprisonment to the 
indefinite discretion of the court, the merit of good 
intentions ought surely not to be refused. A like 
merit may perhaps be due for the discontinuance of 
the corporeal punishment, which the common law 
also leaves to the discretion of the cour - .. This merit 
of intention, however, would have been greater if the 
several mitigations had not been limited to so short a 
period; and the apparent inconsistency would have 
been avoided, between justifying the act, at one time, 
by contrasting it with the rigors of the common law 
otherwise in force; and at another time, by appealing 
to the nature of the crisis, as requiring the temporary 
rigor exerted by the act. 

But whatever may have been the meritorious inten- 
tions of all or any who contributed to the Sedition 
Act, a very few reflections will prove that its baleful 



956 



APPEADIX II.— MADISON'S REPORT. 



tendency is little diminished by the privilege of giv- 
ing in evidence the truth of the matter contained in 
political writings. 

In the first place, where simple and naked facts 
alone are in question, there is sufficient difficulty in 
some cases, and sufficient trouble and vexation in all, 
in meeting a prosecution from the Government with 
the full and formal proof necessary in a court of law. 

But in the next place it must be obvious to the 
plainest minds, that opinions and inferences, and con- 
jectural observations, are not only in many cases in- 
separable from the facts, but may often be more the 
objects of the prosecution than the facts themselves ; 
or may eyen be altogether abstracted from particular 
facts; and that opinion, and inferences, and conjec- 
tural observations, cannot be subjects of that kind of 
proof which appertains to facts, before a court of 
law. 

Again : it is no less obvious that the intent to de- 
fame, or bring into contempt, or disrepute, or hatred, — 
which is made a condition of the offence created by 
the act, — cannot prevent its pernicious influence on 
the freedom of the press. For, omitting the inquiry, 
how far the malice of the intent is an inference of the 
law from the mere publication, it is manifestly impos- 
sible to punish the intent ta bring those who admin- 
ister the Government into disrepute or contempt, with- 
out striking at the right of freely discussing public 
characters and measures; because those who engage- 
in such discussions must expect and intend to excite 
these unfavorable sentiments, so far as they may be 
thought 'to be deserved. To prohibit the intent to 
excite those unfavorable sentiments against those who 
administer the Government, is equivalent to a prohi- 
bition of the actual excitement of them ; and to pro- 
hibit the actual excitement of them is equivalent to a 
prohibition of discussions having that tendency and 
effect : which, again, is equivalent to a protection of 
those who administer the Government, if they should 
at any time deserve the contempt or hatred of the 
people, against being exposed to it, by free animad- 
versions on their characters and conduct. Nor can 
there be a doubt, if those in public trust be shielded 
by penal laws from such strictures of the press as may 
expose them to contempt, or disrepute, or hatred, 
where they may deserve it, that, in exact proportion 
as they may deserve to be exposed, will be the cer- 
tainty and criminality of the intent to expose them, 
and the vigilance of prosecuting and punishing it ; nor 
a doubt that a Government thus intrenched in penal 
statutes against the just and natural effects of a culpa- 
ble administration, will easily evade the responsibility 
which is essential to a faithful discharge of its duty. 

Let it be recollected, lastly, that the right of elect- 
ing the members of the Government constitutes more 
particularly the essence of a free and responsible Gov- 
ernment. The value and efficacy of this right depends 
on the knowledge of the comparative merits and de- 
merits of the candidates for public trust, and on the 
equal freedom, consequently, of examining and dis- 
cussing these merits and demerits of the candidates 
respectively. It has been seen that a number of im- 
portant elections will take place while the act is in 
force, although it should not be continued beyond the 
term to which it is limited. Should there happen, 
then, as is extremely probable in relation to some one 
or other of the branches of the Government, to be 
competitions between those who are, and those who 
are not, members of the Government, what will be 
the situations of the competitors? Not equal; be- 



cause the characters of the former will be covered by 
the Sedition Act from animadversions exposing them 
to disrepute among the people, whilst the latter may 
be exposed to the contempt and hatred of the people 
without a violation of the act. What will be the sit- 
uation of the people ? Not free ; because they will be 
compelled to make their election between competitors 
whose pretensions they are not permitted by the act 
equally to examine, to discuss, and to ascertain. And 
from both these situations will not those in power de- 
rive an undue advantage for continuing themselves in 
it; which, by impairing the right of election, endan- 
gers the blessings of the Government founded on it? 

It is with justice, therefore, that the General Assem- 
bly have affirmed, in the resolution, as well that the 
right of freely examining public characters and meas- 
ures, and of communication thereon, is the only 
effectual guardian of every other right, as that .this 
particular right is levelled at by the power exercised 
in the Sedition Act. 

The resolution next in order is as follows; 

" That this State having, by its Convention, which 
ratified the Federal Constitution, expressly declared 
that, among other essential rights, ' the liberty of con- 
science and of the press cannot be cancelled, abridged, 
restrained, or modified, by any authority of the United 
States; ' and, from its extreme anxiety to guard these 
rights from every possible attack of sophistry and am- 
bition, having, with other States, recommended an 
amendment for that purpose, which amendment was 
in due time annexed to the Constitution, it would 
mark a reproachful inconsistency, and criminal de- 
generacy, if an indifference were now shown to the 
most palpable violation of one of the rights thus de- 
clared and secured, and to the establishment of a 
precedent which may be fatal to the otlu r." 

To place this resolution in its just light, it will be 
necessary to recur to the act of ratification by Virginia, 
which stands in the ensuing form : 

" We, the delegates of the people of Virginia, duly 
elected in pursuance of a recommendation from the 
General Assembly, and now met in convention, hav- 
ing fully and freely investigated and discussed the 
proceedings of the Federal Convention, and being 
prepared, as well as the most mature deliberation hath 
enabled us, to decide thereon, — no, in the name and 
in behalf of the people of Virginia, declare and make 
known, that the powers granted under the Constitu- 
tion, being derived from the people of the United 
States, may be resumed by them whensoever the same 
shall be perverted to their injury or oppression ; and 
that every power not granted thereby remains with 
them, and at their will. That, therefore, no right of 
any denomination can be cancelled, abridged, re- 
strained, or modified, by the Congress, by the Senate, 
or the House of Representatives, acting in any capac- 
ity, by the President, or any department or officer of 
the United States, except in those instances in which 
power is given by the Constitution for those purposes ; 
and that, among other essential right--, the liberty of 
conscience and of the press cannot be cancelled, 
abridged, restrained, or modified, by any authority 
of the United Slates." 

Here is an express and solemn declaration by the 
Convention of the State, that they ratified the Con- 
stitution in the sense that no right of any denomina- 
tion can becancelled, abridged, restrained, or modified, 
by the Government of the United States, or any part 
of it, except in those instances in which power is 
given by the Constitution ; and in the sense, particu- 



APPENDIX H.— MADISON'S REPORT. 



957 



larly, " that among other essential rights, the liberty 
of conscience and freedom of the press cannot be 
cancelled, abridged, restrained, or modified, by any 
authority of the United States." 

Words could not well express, in a fuller or more 
forcible manner, the understanding of the Conven- 
tion, that the liberty of conscience and freedom of the 
press were equally and completely exempted from all 
authority whatever of the United States. 

Under an anxiety to guard more effectually these 
rights against every possible danger, the Convention, 
after ratifying the Constitution, proceeded to prefix 
to certain amendments proposed by them, a declara- 
tion of rights, in which are two articles providing, the 
one for the liberty of conscience, the other for the 
freedom of speech and of the press. 

Similar recommendations having proceeded from a 
number of other States ; and Congress, as has been 
seen, having, in consequence thereof, and with a view 
to extend the ground of public confidence, proposed, 
among other declaratory and restrictive clauses, a 
clause expressly securing the liberty of conscience 
and of the press ; and Virginia having concurred in 
the ratifications which made them a part of the Con- 
stitution,— it will remain with a candid public to de- 
cide whether it would not mark an inconsistency and 
degeneracy, if an indifference were now shown to a 
palpable violation of one of those rights — the free- 
dom nf the press ; and to a precedent, therein, which 
may be fatal to the other — the free exercise of re- 
ligion. 

That the precedent established by the violation of 
the former of these rights may, as is affirmed by the 
resolution, be fatal to the latter, appears to be demon- 
strable by a comparison of the grounds on which they 
respectively rest, and from the scope of reasoning by 
which the power of the former has been vindicated. 

First. Both of these rights, the liberty of con- 
science and of the press, rest equally on the original 
ground of not being delegated by the Constitution, 
and consequently withheld from the government. 
Any construction, therefore, that would attack this 
original security for the one, must have the like effect 
on the other. 

Secondly. They are both equally secured by the 
supplement to the Constitution ; being both included 
in the same amendment, made at the same time and 
by the same authority. Any construction or argu- 
ment, then, which would turn the amendment into a 
grant or acknowledgment of power, with respect to 
the press, might be equally applied to the freedom of 
religion. 

Thirdly. If it be admitted that the extent of the 
freedom of the press, secured by the amendment, is 
to be measured by the common law on this subject, 
the same authority may be resorted to for the stand- 
ard which is to fix the extent of the "free exercise of 
religion." It cannot be necessary to say what this 
standard would be — whether the common law be 
taken solely as the unwritten, or as varied by the writ- 
ten law of England. 

Fourthly. If the words and phrases in the amend- 
ment are to be considered as chosen with a studied 
discrimination, which yields an argument for a power 
over the press, under the limitation that its freedom 
be not abridged, the same argument results from the 
same consideration, for a power over the exercise of 
religion, under the limitation that its freedom be not 
prohibited. 

For, if Congress may regulate the freedom of the 



press, provided they do not abridge it, because it i* 
said only, " they shall not abridge it," and is not said, 
"they shall make no law respecting it," the analogy 
of reasoning is conclusive, that Congress may regulate, 
and even abridge, the free exercise of religion, pro- 
vided they do not prohibit it; because it is said only, 
"they shall not prohibit ; " and is not said, " they shall 
make no law respecting, or no law abridging it." 

The General Assembly were governed by the clear- 
est reason, then, in considering the Sedition Act, 
which legislates on the freedom of the press, as estab- 
lishing a precedent that may be fatal to the liberty 
of conscience; and it will be the duly of all, in pro- 
portion as they value the security of the latter, to 
take the alarm at every encroachment on the former. 

The two concluding resolutions only remain to be 
examined. They are in the words following: 

"That the good people of this Commonwealth, 
having ever fell, and continuing to feel, the must 
sincere affection for their brethren of the other States, 
the truest anxiety for establishing and perpetuating 
the union of all, and the most scrupulous fidelity to 
that Constitution which is the pledge of mutual friend- 
ship and the instrument of mutual happiness, — the 
General Assembly doth solemnly appeal to the like 
dispositions in the other States, in confidence that they 
will concur with this Commonwealth in declaring, as 
it does hereby declare, that the acts aforesaid are un- 
constitutional ; and that the necessary and proper 
measures will be taken, by each, for co-operating 
with this State, in maintaining, unimpaired, the 
authorities, rights, and liberties, reserved to the States 
respectively, or to the people. 

" That the Governor be desired to transmit a copy 
of the foregoing resolutions to the executive authority 
of each of the other Slates, with a request that the 
same may be communicated to the Legislature there- 
of, and that a copy be furnished to each of the Sena- 
tors and Representatives representing this State in 
the Congress of the United States." 

The fairness and regularity of the course of pro- 
ceeding here pursued, have not protected it against 
objections even from sources too respectable to be 
disregarded. 

It has been said that it belongs to the judiciary of 
the United States, and not the State Legislatures, to 
declare the meaning of the Federal Constitution. 

But a declaration that proceedings of the Federal 
Government are not warranted by the Constitution is 
a novelty neither among the citizens nor among the 
Legislatures of the States ; nor are the citizens or the 
Legislature of Virginia singular in the example of it. 

Nor can the declarations of either, whether affirm- 
ing or denying the constitutionality of measures of 
the Federal Government, or whether made before or 
after judicial decisions thereon, be deemed, in any 
point of view, an assumption of the office of the judge. 
The declarations in such cases are expressions of 
opinion, unaccompanied with any other effect than 
what they may produce on opinion, by exciting re- 
flection. The expositions of the judiciary, on the 
olher hand, are carried into immediate effect by force. 
The former may lead to a change in the legislative 
expression of the general will — possibly to a change 
in the opinion of the judiciary; the latter enforces the 
general will, whilst that will and that opinion con- 
tinue unchanged. 

And if there be no impropriety in declaring the 
unconstitutionality of proceedings in the Federal 
Government, where can there be the impropriety of 



95 



8 



APPENDIX II— MADISON'S REPORT. 



communicating the declaration to other States, and 
inviting their concurrence in a like declaration ? 
What is allowable for one, must be allowable for all ; 
and a free communication among the States, where 
the Constitution imposes no restraint, is as allowable 
among the State governments as among other public 
bodies or private citizens. This consideration de- 
rives a weight that cannot be denied to it, from the 
relation of the State Legislatures to the Federal Leg- 
islature as the immediate constituents of one of its 
branches. 

The Legislatures of the States have a right also to 
originate amendments to the Constitution, by a con- 
currence of two-thirds of the whole number, in ap- 
plications to Congress for the purpose. When new 
States are to be formed by a junction of two or more 
States, or parts of Stales, the Legislatures of the States 
concerned are, as well as Congress, to concur in the 
measure. The States have a right also to enter into 
agreements or compacts, with the consent of Con- 
gress. In all such cases a communication among 
them results from the object which is common to 
them. 

It is lastly to be seen, whether the confidence ex- 
pressed by the Constitution, that the necessary and 
proper measures would be taken by the other States 
for co-operating with Virginia in maintaining the 
rights reserved to the States, or to the people, be in 
any degree liable to the objections raised against it. 

If it be liable to objections, it must be because 
either the object or the means are objectionable. 

The object, being to maintain what the Constitution 
has ordained, is in itself a laudable object. 

The means are expressed in the terms " the neces- 
sary and proper measures." A proper object was to 
be pursued by the means both necessary and proper. 

To rind an objection, then, it must be shown that 
some meaning was annexed to these general terms 
which was not proper; and, for this purpose, either 
that the means used by the General Assembly were 
an example of improper means, or that there were no 
proper means to which the terms could refer. 

In the example, given by the State, of declaring 
the Alien and Sedition Acts to be unconstitutional, 
and of communicating the declaration toother States, 
no trace of improper means has appeared. And if 
the other States had concurred in making a like 
declaration, supported, too, by the numerous applica- 
tions flowing immediately from the people, it can 
scarcely be doubted that these simple means would 
have been as sufficient as they are unexceptionable. 

It is no less certain that other means might have 
been employed which are strictly within the limits of 
the Constitution. The Legislatures of the States 
might have made a direct representation to Congress, 
with a view to obtain a rescinding of the two offen- 
sive acts, or they might have represented to their 
respective Senators in Congress their wish that two- 
thirds thereof would propose an explanatory amend- 
ment to the Constitution ; or two-thirns of themselves, 
if such had been their opinion, might, by an applica- 
tion to Congress, have obtained a convention for the 
same object. 

These several means, though not equally eligible 
in themselves, nor probably to the States, were all 
constitutionally open for consideration. And if the 
General Assembly, after declaring the two acts to be 
unconstitutional (the first and most obvious proceed- 



ing on the subject), did not undertake to point out to 
the other Slates a choice among ihe further measures 
that might become necessary and proper, the reserve 
will not be misconstrued by liberal minds into any 
culpable imputation. 

These observations appear to form a satisfactory 
reply to every objection which is not founded on a 
misconception of the terms employed in the resolu- 
tions. There is one other, however, which may be 
of too much importance not to be added. It cannot 
be forgotten that, among ihe arguments addressed to 
those who apprehended danger to liberty from the 
establishment of the General Government, over so 
great a country, the appeal was emphatically made to 
the intermediate existence of the Stale Governm en ts 
between the people and that government, to the vigil- 
ance with which they would descry the first symp- 
toms of usurpation, and to the promptitude with which 
they would sound the alarm to the public. This ar- 
gument was probably not without its effect ; and if it 
was a proper one then to recommend the establish- 
ment of a Constitution, it must be a proper one now 
to assist in its interpretation. 

The only part of the two concluding resolutions 
that remains to be noticed, is the repetition, in the 
first, of that warm affection to the Union and its mem- 
bers, and of that scrupulous fidelity to the Constitu- 
tion, which have been invariably felt by the people 
of this State. As the proceedings were introduced 
with these sentiments, they could not be more prop- 
erly closed than in the same manner. Should there 
be any so far misled as to call in question the sin- 
cerity of these professions, whatever regret may be 
excited by the error, the General Assembly cannot 
descend into a discussion of it. Those who have lis- 
tened to the suggestion can only be left to their own 
recollection of the part which this Slate has borne in 
the establishment of our national independence, or 
the establishment of our national Constitution, and in 
maintaining under it the authority and laws of the 
L'nion, without a single exception of internal resist- 
ance or commotion. By recurring to the facts, they 
will be able to convince themselves that the repre- 
sentatives of the people of Virginia must be above the 
necessity of opposing any other shield to attacks on 
their national patriotism, than their own conscien- 
tiousness, and the justice of an enlightened public; 
who will perceive in the resolutions themselves the 
strongest evidence of attachment, both to the Consti- 
tution and the Union, since it is only by maintaining 
the different governments, and the departments within 
their respective limits, that the blessings of either can 
be perpetuated. 

The extensive view of the subject, thus taken by 
the committee, has led them to report to the House, 
as the result of the whole, the following resolution : 

Resolved, That the General Assembly, having care- 
fully and respectfully attended to the proceedings of 
a number of the States, in answer to the Resolutions 
of December 21, 1798, and having accurately and 
fully re-examined and reconsidered the latter, find it 
to be their indispensable duty to adhere to the same, 
as founded in truth, as consonant with the Constitu- 
tion, and as conducive to its preservation ; and more 
especially to be their duty to renew, as they do hereby 
renew, their PROTEST against Alien and Sedition 
Acts, as palpable and alarming infractions of the Con- 
stitution. 



APPENDIX I.— MEREDITH P. GENTRY. 



959 



APPENDIX I. 
r.lER edith P. Gentry. 

Among dit, reminiscences of his Congressional life, 
Tew are mote pleasant and agreeable to the under- 
signed, or cherished with greater fondness by him, 
than those connected with Meredith P. Gentry. 

This distinguished American orator and statesman 
was born on the 15th of September, 1809, in the 
county of Rockingham, North Carolina. That con- 
spicuous part, however, which he acted in the great 
drama of life, and which justly entitles him to a high 
place in his coumry's history, was performed as a 
citizen of Tennessee. 

Both of these States, therefore, have reason to be 
proud of his fame. He was the youngest of twelve 
children : there were six brothers and five sisters 
older than he. 

His father was a man of energy and industry, and 
of above ordinary intelligence and culture, for his 
day and locality. By strict economy and thrift he 
had, as the patriarchs of old, gathered around him 
quite a number of " men servants and maid servants," 
and had acquired an estate far above the average of 
his neighbors. His mother, Theodosia Poindexter, 
is said to have been a woman of great personal beauty, 
as well as possessed of a strong and vigorous mind*, 
distinguished especially for quick perception, nice 
discrimination, and extraordinarily good judgment. 
In manner she was most agreeable and fascinating, 
and was the centre of the social circle wherever she 
went. 

His father, in 1813, when Meredith was quite a 
boy, sought a home in the rich lands of Williamson 
county, Tennessee, at a place near what is now known 
as College Grove. He was a farmer or planter of 
extensive means, for that country and at that time, 
but schools in Williamson county were then few and 
far between, and hence Meredith was without any 
favorable opportunity of obtaining an education of 
that character which would have been suited to his 
condition and nature. A lifelong friend writes that 
his school-days terminated at the age of fourteen 
years " with nothing but an acquaintance with the 
rudiments of an English education." The same 
friend says that "after leaving school, he resided 
with his father and mother, and devoted much of his 
time and attention to matters connected with the farm 
and its general business management. He always 
liked to go to the post-office for the mail, and was 
passionately fond of reading newspapers, and espe- 
cially the National Intelligencer and other papers 
published at Washington City. At this youthful 
period of his life he took great interest in reading 
the speeches, on both sides of every subject, by lead- 
ing statesmen who were in Congress from 1824 to 
1S30. He read all these and became inspired by the 
patriotic tone of the leading men at that period." 
The National Intelligencer at that time published a 
regular report of the debates in Congress. The same 
friend also adds that, - he had great fondness for 
books, particularly the English classics, especially 
Milton, Pope. Dryden, Addison and Shakespeare." 
lie might have added Burns and Byron, for his con- 
versations and speeches showed that these were favor- 
ites with him. 

At an early day he took a fancy for military life, 
and joined a militia company, of which he was 
elected captain, and was soon elected colonel of the 



regiment. This was before he reached twenty-one 
years of age. 

During his canvass for the colonelcy, he made his 
first public speech, and displayed a power of oratory 
surprising to all who heard him. He was urged im- 
mediately to become a candidate for the Legislature. 
He accepted the nomination and made another can- 
vass, which added still more to his reputation. Some 
old man, during that canvass, is reported to have said 
that, " in his early days he had heard Patrick Henry, 
and he thought that in some things, particularly in the 
voice, Gentry was superior to him." His election 
was triumphant. This was in 1835. He was also 
returned to the next Legislature with increased popu- 
larity. During his membership of the State Legisla- 
ture, the question of chartering what was known for 
a long time as the Bank of Tennessee came up. He 
opposed this with all his might, and was brought in 
collision in the debate with the Hon. Alfred O. P. 
Nicholson, Hon. A. L. Martin, and other older and 
distinguished veteran statesmen of the time in Tennes- 
see. His objections to the bank were, that the powers 
conferred by the bill upon the Governor were such as 
in corrupt hands might be used very injuriously to the 
interests of the people. Mr. Gentry was himself of 
the people, and maintained their rights in this entree 
into public life, as well as throughout his entire pub- 
lic career. His prototype in history is Tiberius Grac- 
chus, Rome's noblest Tribune. It was during the 
discussion of this bank question that he made a name 
and fame as an orator that rapidly spread all over the 
State, and even reached adjoining States, establishing 
his reputation as a very remarkable man of his years. 

It was now that his powers were so enlarged as not 
to be confined to the " pent-up Utica " of Williamson 
county, and a general demand was made throughout 
the district for him to become their Representative in 
Congress. The canvass was carried on as usual in 
Tennessee; the old system was for the opposing can- 
didates to meet and discuss, with a barbecue ; but in 
his case no barbecue was necessary to draw immense 
crowds. He swept everything before him. His 
friends were delighted, and many of the political 
party opposing him could but do obeisance to his elo- 
quence, and join with the multitude in giving him a 
triumphant election. He ran and was elected as a 
Whig. 

An explanation of this term of rarty nomenclature 
at that time and for several years after in American 
politics may not be improper in this connection. It 
was first applied to those who opposed, with great 
earnestness, what they held to be the dangerous doc- 
trines of the centralizing principles embodied in Gen- 
eral Jackson's proclamation against nullification in 
South Carolina in 1832, and other kindred acts and 
measures of General Jackson's second administration, 
which were deemed abuses of executive power and 
dangerous to constitutional liberty if not arrested, par- 
ticularly his act of the removal of the public deposits 
from the Bank of the United States. 

Mr. Webster, in the Senate, defended the procla- 
mation with great ability, but on the other acts and 
measures of General Jackson referred to, he united 
with Mr. Clay and Mr. Calhoun in opposing what 
they charged to be dangerous encroachments of power 
by the Executive Department of the Government. 
This was the basis and the nucleus of a combined 
opposition to the administration throughout the 
country. It was the first time that the great trio, 
Clay, Calhoun and Webster, had ever acted in politi- 



960 



ATTEND IX I.— MEREDITH T. GENTRY. 



Cal concert and harmony, and it was at this time that 
the old Revolutionary name of Whig was revived 
and applied to this combination. It is said the name 
was first given by Mr. Calhoun, but soon was adopted 
by the elements of opposition throughout the Union. 

Mr. Gentry was brought up in the school of Jeffer- 
sonian Democracy, but in that branch which was then 
known by the name of the State Rights or Strict Con- 
struction Party, and subsequently by the almost uni- 
versal denomination of " Whig," as stated. He made 
his fir>t appearance, therefore, in the halis of Federal 
legislation on the assembling of the Twenty-sixih 
Congress, in December, 1839, as a Whig in party as- 
sociation. In this Congress there were several of 
Tennessee's ablest public men, as Cave Johnson, John 
Bell, Aaron V. Brown, and others. He, at a little 
over thirty years of age, at one bound, took position 
in the foremost rank in debate, not only in his own 
delegation, but in that House of Representatives 
wherein were Sargent S. Prentiss, Henry A. Wise, 
John Ouincy Adams, Robert C. Winthrop, Edward 
Stanly, Richard H. Menifee, Robert Barnwell Rhett, 
R. M. T. Hunter, George C. Dromgoole, Dixon 11. 
Lewis, George S. Houston, Walter T. Colquett, Mark 
A. Cooper, Edward J. Black, William C. Dawson, 
Eugenius A. Nisbet, Thomas Corwin, Garrett Davis, 
John M. Botts, Daniel B. Barnard, Linn Boyd, Reu- 
ben Chapman, Nathan Clifford, and Caleb Cushing. 

His first speech, which directed universal attention 
to him throughout the House and country, was in 
favor of the reception of abolition petitions. It was 
the more notable from the fact of his differing so 
widely from most of the Southern representatives, 
and being himself a large slaveholder. Always bold 
and fearless, discharging his duty according to the 
convictions of his own judgment, he announced, to 
the surprise of many, that these petitions should be 
received and reported upon. No one was firmer in 
the position than Mr. Gentry that the Government of 
the United States had no power to interfere with the 
institution of slavery in the States. But at the same 
time he thought that any petition, though asking what 
could not be constitutionally granted, should be re- 
ceived and considered. Their rejection would give 
the agitators an undue advantage. 

In this speech he said " the Representatives of the 
South should look at the question practically, without 
passion or resentment. They ought to meet it and 
discuss it. They ought to receive the petitions, refer 
them to a committee to be reported on, and that such 
report would show why it was that the prayers of the 
petitioners could not be granted." 

His next speech, one of the ablest of that Congress, 
became a most effective campaign document in the 
exciting canvass for President in 1840. It was on the 
bill to secure the freedom of elections and to restrict 
executive patronage. Thousands, perhaps hundreds 
of thousands of copies of this speech were sent 
broadcast throughout the land. 

It has been said that Mr. Gentry's education was 
limited. This is true as to schooling in the ordinary 
use of the word; but in his idle hours, on the farm at 
home, between the ages of fourteen and twenty-one, 
he had not only given much of his time to the study 
of the English poets, but he seems to have devoted 
his closest attention to the study of the constitutional 
history of England and his own country. His models 
in political principles were Mcintosh and the great 
unknown stirrer of the British heart under the nom de 
plume of Junius. 



There were very few men in the House who could 
compare with Mr. Gentry in political knowledge, and 
in the readiness wiih which he brought this knowl- 
edge to bear upon any point in a running debate; but 
what gave him such influence in his addresses, either 
on the hustings or in the legislative hall, was his won- 
derful elocution. 

His physique was manly, his personal appearance 
prepossessing, his form was symmetrical, his action 
most graceful, his complexion ruddy, his high brow 
grave and commanding, his voice full-volumed and 
rounded with a silver tone which penetrated all parts 
of that old hall in which it was so difficult for even 
Prentiss or Wise or Tom Marshall to be heard. 

On the occasion of the speech to which reference 
is now made, he rose higher than even his friends 
had looked for. In it he replied with much power 
to a disparaging remark of a member against that 
class of politicians characterized as " gentlemen of 
leisure." Said he, " I know none who enjoy so much 
leisure, as the planters of the South, who have been 
generally admitted to be pre eminent in those noble 
qualities and manly virtues which give dignity to 
human nature." 

Space will not allow the reproduction of any of 
those portions of the speech which were so telling on 
the political issues of the day. It may be seen by the 
students of history and the admirers of eloquence, in 
the appendix to the Congressional Globe, for the first 
session of the Twenty-sixth Congress, on page 707 ; 
it was this speech that made the author of it known 
by reputation to the writer of this sketch, long before 
he had the pleasure of his persona] acquaintance. 

During this first session an incident occurred in 
Mr. Gentry's Congressional career which was some- 
what amusing in its nature, and may be given here as 
a sort of " footlight " to his character. There was a 
call of the House; these calls were, in those days, 
about the same as now; they then, as now, caused 
new members unexpected embarrassment. On an 
occasion of this sort, when brought to the bar of the 
House by the Sergeant-at-arms, Mr. Gentry said, by 
way of excuse, " that he left the house at twelve 
o'clock at night, perceiving that there was a very 
strong disposition in one party to debate the question 
in committee of the whole, and a strong disposition 
in the other party to stick out the debate; he had no 
wish to participate in the debate, nor did he desire to 
listen to the speeches that should be made. Having 
been, for the most part of his life, a man of regular 
habits, he went home and went to bed. Most unfor- 
tunately for him, however, this House, by its messen- 
ger, intruded itself into his bed-room this morning, 
and aroused him out of his sweet sleep, in conse- 
quence of which he looked upon himself as the 
injured party, and therefore, an apology was due to 
him instead of from him. Inasmuch, however, as it 
would be inconvenient for every gentleman to call on 
him and apologize, he would take it for granted 
that it was done, and he would agree with the 
House, that they should mutually excuse each other." 
Upon payment of fees, he was discharged, with 
the usual roar of laughter in the House on such 
occasions. 

His popularity, at the expiration of his Congres- 
sional term, was so thoroughly established that oppo- 
sition was almost useless. In the next contest for 
Congress in his district he was again triumphantly 
returned to what is known in history as the Whig 
Congress, from 1841 to 1 843. In this body he main- 



APPENDIX I.— MEREDITH P. GENTRY. 



961 



tained his reputation as an orator and debater, but 
seemed to be depressed from the divisions in the Whig 
party. 

About this time, also, befell him one of the heaviest 
domestic blows which can afflict a true, manly heart. 
Some time before his first election to Congress, Febru- 
ary 22, 1837, Mr. Gentry had formed a most happy 
union in marriage with Miss Emily Saunders, a grand- 
daughter of the famous Colonel John Donelson, who 
lived near the Hermitage. She was a cousin of the 
more generally distinguished Andrew J. Donelson^ 
General Jackson's adopted son, who was a candidate 
for the Vice-Presidency on the Fillmore ticket in 1 856, 
and who held numerous offices of honor and trust in 
his day. Miss Saunders was a lady of great beauty 
and high accomplishments. To her Mr. Gentry was 
most devoted. Their union was one which added 
greatly to their mutual happiness. The death of this 
most amiable woman and devoted wife at about this 
time brought a blight upon the prospects, hopes, and 
aspirations of the young Tennessee statesman, and 
almost ended his own life. This blow fell so heavily 
upon him that he withdrew from the world for a while. 
Hence he would not permit his name to be presented 
to the people for election to the Twenty-eighth Con- 
gress. He spent his time in seclusion and melancholy 
with his two children, both daughters, the darling 
pledges of the love of the departed mother. 

But on the revival of his spirits two years after, and 
it being known that he would consent to represent 
the district again, the canvass was opened, and he 
was returned with about the usual majority, to the 
Twenty ninth Congress. 

It was here, on his reappearance in Congress in 
December, 1845, the writer first met him and made 
his personal acquaintance. Tney soon became inti- 
mate; in politics they agreed on almost every ques- 
tion. They were soon after in the same mess at Mrs. 
Carter's boarding house, in Dowson's old row, on 
Capitol Hill. In those days few members of Congress 
took permanent board at any of the hotels, and fewer 
still kept house. They organized into messes, and 
their names were arranged in the Congressional Di- 
rectories according to their messes. 

This House in which he reappeared also recognized 
in him a born leader. With him now came for the 
first time, his distinguished colleague, Edward H. 
Ewing, from the Nashville District. But the three 
most prominent new members who entered the 
Twenty-ninth Congress were Robert Toombs, of 
Georgia, William L. Yancey, of Alabama, and Jeffer- 
son Davis, of Mississippi. 

In the preceding Congress, the Twenty-eighth, 
which assembled in 1843, nl which the writer entered, 
there appeared an unusually large number of new 
members who have since figured most conspicuously 
in the country's history. A little digression here in 
reference to the personnel of these members and some 
incidents of that House may be allowed as reminis- 
cein.es. 

Among those of that " shoal " of new members who 
then entered and have since become so conspicuous. 
may be mentioned Stephen A. Douglas, John A. Mc- 
Clernand, John J. Hardin, Orlando B. Ficklin, John 
Wentworth, and Joseph P. Hoge, all of Illinois. To 
the same Congress came for the first time, Andrew 
Johnson, of Tennessee ; John P. Hale, of New Hamp- 
shire; Thomas L. Clingman, of North Carolina; Han- 
nibal Hamlin, of Maine; Alexander Ramsay, of Penn- 
sylvania, and Howell Cobb, of Georgia; Solomon 
61 



Foot, Jacob Collamer, George P. Marsh, and Paul 
Dillingham, Jr., of Vermont ; Preston King, Hamil- 
ton Fish, and Washington Hunt, of New York ; Rich- 
ard Broadhead, David Wilmot, James Pollock, and 
James Thomas, of Pennsylvania; James A. Seddon, 
of Virginia; David S. Reid, of North Carolina; 
Aimistead Burt, of South Carolina; Hugh A. Haral- 
son, Absalom II. Chapped, John H. Lumpkin, and 
William II. Styles, of Georgia; George W. Jones, of 
Tennessee; Robert McClellan, of Michigan; Robert 
C. Schenck, of Ohio ; John Slidell, of Louisiana, and 
Caleb B. Smith, of Indiana. 

These new-comers had all made their mark during 
the Twenty-eighth Congress. It may be doubted if 
any Congress since the first has presented so many 
new members who subsequently obtained such dis- 
tinction ; indeed it was said before the expiration of 
that Congress that there were at least twenty candi- 
dates for the Presidency in the number. It was thought 
that the Illinois delegation had at least three, perhaps 
more, aspirants for that high office. 

Upon all occasions when any new subject of debate 
was started nearly every member of the Illinois dele- 
gation would speak, and they all spoke well. This 
gave rise to a rather amusing incident in the House 
as to the proper pronunciation of the name of that 
State. Mr. John Campbell, of South Carolina, a most 
accomplished and scholarly gentleman, who !:ad been 
for many years a Representative from that State, pro- 
nounced the name "Ile-noi." Others insisted that the 
right pronunciation was "Illi-no.is." Mr. Campbell 
appealed to the venerable gentleman from Massachu- 
setts, Mr. John Quincy Adams, who was considered 
the highest authority in the House upon all such ques- 
tions. Much interest was manifested as to what would 
be the decision of the authority appealed to, and all 
eyes were directed to Mr. Adams, when, with a smirk- 
ing smile upon his face, he rose and spoke in substance 
as follows : 

" Mr. Speaker, 'Nbn nostrum inter vos tantas com- 
ponere iites.'* If I were to judge of the proper pro- 
nunciation of the State from the demonstrations of its 
delegation in the present Congress, I should say it 
ought to be '■All-noise,' " emphasizing, with great 
effect, the last syllable. A roar of laughter was the 
result. 

The leading members of that State, who were thus 
figuring in those debates, and who were thought to 
have aspirations for the Presidency, even at that early 
date, were Mr. Douglas, who subsequently became so 
famous; John J. Hardin, who gallantly fell at the 
head of his regimental column at the battle of Bueni 
Vista, one of the most agreeable and brightest men 
of his day ; and Mr. John A. McClernand, who then 
and subsequently acted so important a part in the leg- 
islation of the country, and figured so conspicuously 
in command of a corps during the late war — he still 
lives, enjoying an old age ripe v ith honors. His la--t 
high position was that of President of the Democratic 
Convention, at St. Louis, in 1876, which put in nomi- 
nation for the Presidency, Samuel J. Tiiden. 

It was during this, the Twenty-eighth Congress, 
that the resolutions providing for the admission of 
Texas as a State in the Union, were passed ; and it 
was soon after the assembling of the Twenty-ninth 
Congress that Texas was admitted to the Union, upon 
her having adopted a constitution, in pursuance of 

*Qi'<vi"K the r ply of P.ilremon to Men leas, and D^matas, 
from Virgil's Third Eclocu> — " It is not for me to decide so 
great contests between you." 



962 



APPENDIX I.— MEREDITH P. GENTRY. 



the provision of the joint resolution previously 
passed. 

Mr. Gentry's first speech, upon his reappearance in 
the House, was upon a most memorable occasion. He 
took little part at the first session, in debate. The 
Mexican War had been inaugurated with the battles 
of Palo Alto and Resaca de la l'alma, in the month 
of May, 1846. There was a strong opposition to the 
policy which led to the outbreak of hostilities ; but the 
minority — the Whig party — in the House was very 
timid and shy in making public expression of this feel- 
ing of opposition. Most of them had voted for the bill 
declaring that the war existed, though they asserted 
their belief that the preamble ol the bill was utterly 
false. Only one member of the House, who refused 
to vote for the declaration of war, at an early day 
thereafter denounced as unconstitutional the acts of 
the President in the removal of the troops from Corpus 
Christi to Matamoras, which provoked hostilities be- 
tween the two countries. The other Whig members 
were generally silent, until the assembling ol the 
second session of Congress, in December. In the 
message of the President, Mr, Polk, there was a very 
pointed expression about " giving aid and comfort to 
the enemy.'' 

It was at this time that Mr. Gentry made his first 
speech in the Twenty-ninth Congress. It was one of 
the must eloquent and finest specimens ol high-toned 
invective in the annals of the country. It can be seen 
in the Congressional Globe, Appendix, of the second 
session of the Twenty-ninth Congress, on page 56. 
Mr. Gentry seldom indulged in acrimonious remarks, 
but the President, on the occasion relerred to, was so 
pointed in his indirect charge of treason against those 
who censured his policy in bringing on the war, by 
saying they were giving aid and comfort to the enemy, 
that he had all the manliness in his nature aroused, 
and took the floor to hurl back the unjust aspersion 
that had thus been cast upon him and his party asso- 
ciates, and to vindicate the course of himself and the 
minority befo r e an intelligent world. 

His exordium was brief and spirited. He main- 
tained that it was "the highest duly ol the represent- 
ative of a free people to maintain the truth and the 
right on all occasions." 

"The imputation," he said, "which the President 
ha; thought proper to make in his official communi- 
cation to Congress, was echoed and re-echoed on this 
fl )or, by his liegemen, yesterday, in a way which raises 
a strong presuni] tion that there is a concerted purpose 
to frighten us, with a storm of denunciation, from the 
independent discharge of our duty as representatives 
of the people. We are called upon to assert our rights 
or basely succumb to executive intimidations. * * " 
I choose, therefore, to speak now, although unprepared 
for the debate, merely to exhibit my defiance of these 
denunciations, and express the contempt in which I 
hold them." 

II lid he \\ ished to " maintain those rights which 
were dear to freemen and formidable to tyrants and 
usurpers only." After charging that " the war was 
unconstitutionally begun by the President, for ambi- 
tious and unholy purposes of conquest," he said, in 
regard to the methods of the President : "lie has au- 
daciously assumed thus to act, without the sanction or 
authority of Congress. Shall we, the descendants of 
the Whig patriots of the American Revolution, tamely 
and silently yield up the Constitution of our country, 
the guarantee of our liberty, to be violated and tram- 
pled upon in this way ? " Farther on he says : " We 



would dishonor the glorious name which constitutes 
our designation as a political party if we were thus to 
act. Our veneration for our fathers, our duty to our- 
selves and our posterity, our devotion to liberty — every 
glorious recollection of the past, every high hope of 
the future, forbids a course o. conduct so unpatriotic, 
so inglorious." The conclusion of this speech, the 
reproduction of which space will not permit, was no 
less eloquent than prophetic. 

His appeal to the Virginia and South Carolina dele- 
gations, who were sustaining the policy of Mr. Polk, 
to come to the rescue of the Constitution, was one of 
the most earnest ever delivered in the House. lie 
begged them " to remember that the glory of their 
ancient commonwealths was not won by subserviency 
to power, but by brave and patriotic resistance to 
usurpation." 

It is doubted if Prentiss or Choate, or any other 
nun, in the House, ever made a more thrilling and 
rousing display of soul-stirring eloquence. Chatham 
was not more majestic in the British Parliament in his 
denunciation of the abuses of power by a Tory admin- 
istration, in bringing on the war of the Revolution. 

Gentry's speech awed the Administration side, and 
emboldened the timid Whig ranks. After this a reso- 
lution was introduced by that Whig member who, at 
an early day, had denounced as unconstitutional the 
act of the President in bringing on the war, declaring 
that while patriotism required that the armies should 
be fully sustained, yet the war should be waged only 
for obtaining an honorable peace, but not with any 
view or ob|ect ol conquest. This resolution was voted 
for by some of the prominent members of the other 
side, and soon became the Whig war platform for the 
Presidential election which resulted in the success of 
their candidate, General Taylor, in 1848. 

Mr. Gentry was a Whig, not only ol the new, but 
of the old school. He was a man ol principle and not 
of policy. He was, in many respects, a very extraor- 
dinary man. 

He was unselfish, unambitious, and entiiely disin- 
terested, personally, in all his public acts. In private 
life he was kind, generous, and charitable, and benev- 
olent in a high degree. No man had in him more of 
the milk ol human kindness. Though uncultured in 
the ancient languages, yet few men had a greater com- 
mand of English, or better understood the extraordi- 
nary flexibility of his native tongue, in the selection 
and use of those words which expressed the nicest 
shade ol thou -tit, than he. 

Dr. Johnson, in his Latin epitaph on Goldsmith, said 
" nullum (/inn/ teligit non omavitP This may be 
applied to Mr. Gentry in English, for there was no 
subject he touched that he did not adorn and embel- 
lish. His speeches were always extempore ; he was 
never at a loss for a word, seemingly the very best 
word that could have been chosen alter time and con- 
sideration. His eulogy upon Clay, delivered off-hand, 
without premeditation, was most apt, powerful, and 
pathetic. Socially, he was urbane and genial, pos- 
sessed of high conversational powers, was fond of 
humor and anecdote, and everything said by him on 
convivial occasions was not only entertaining, but un- 
accompanied by anything impure or unchaste. In his 
domestic relations he was always happy. On his re- 
turn to Congress, where the writer ol this sketch first 
met him, as stated, he brought with him his second 
wife, Miss Caladonia Drown, a lady of great accom- 
plishment and refinement. She was one of the stars 
of the mess at Mrs. Cartel's, wherein shone eolispicu- 



APPEXDIX I.— MEREDITH P. GEXTRY. 



9 6 3 



ously the second Mrs. John J. Crittenden, from Ken- 
tucky; Mrs. Bufrington, from Pennsylvania; Mrs. 
Underhill, from New York, and Mrs. Robert Toombs, 
from Georgia. 

He was a party man only in so far as party organi- 
zation secured wise measures and good government. 
Hence, when the party to which he then belonged, 
and which he was endeavoring to induce to maintain 
the Constitution, deviated, as he thought, from iis an- 
cient landmarks of principle, he hesitated not to aban- 
don its organization. He was devoted to the Union 
under the Constitution. This principle was the polar 
star of his action. Upon the subject of slavery — or the 
" peculiar institution " of the South, as it was called — 
he agreed very fully with the writer of this, in holding 
that "the emancipation of the blacks, with its conse- 
quences, should be considered with more interest as a 
social question — one relating to the proper status of 
the different elements of society, and their lelations to 
each other, looking to the best interests of all, than in 
any other light. The pecuniary aspect of it, the con- 
siderations of labor and capital in a politico-economic 
view, sunk into insignificance in comparison with this. 
Other and higher considerations outweighed the prop- 
erty view of the subject, though that involved two 
thousand million dollars." Above all he held that 
the institution as it existed, with its needful changes 
and ameliorations, should be left where it was left by 
the Constitution ; that is, under the control of the au- 
thorities of the several States. 

Therefore, in 1849 and '850, when the Whig party 
in caucus, on the nomination of Mr. Winthrop as 
Speaker, refused to adopt a resolution disavowing a 
purpose to pass what he deemed unconstitutional 
measures interfering with this institution in the Dis- 
trict of Columbia and the Territories, he abandoned 
the organization. 

Six Southern Whigs, who thoroughly agreed with 
him, put his name in nomination for the Speakership, 
in opposition to Mr. Winthrop, whom they and he 
had made Speaker in the previous Congress. These 
six Southern Whigs clung to Mr. Gentry to the last, 
which resulted in the defeat of Mr Winthrop, the 
Whig caucus nominee, in 1849. This brought 
down the denunciations of the party press against 
him and those associates who were in sympathy 
with him ; but with that bold independence that ever 
characterized him, he cared as little for this as they 
did. 

He took a prominent part with Clay, Douglas, 
Cass, Toombs, Cobb, Webster, Foote, McClernand, 
and Fillmore, besides many others composed of both 
of the two previous organizations, in the adjustment 
measures of 1850 ; and in 1S52, when General Scott 
refused to indorse these measures as adopted by an 
overwhelming majority of the Whig convention at 
Baltimore in that year, he, with many other S 
Whigs, refused to give him their support. Scott was 
defeated, and Pierce, the Democratic candidate, who 
gave those measures his cordial approval, was tri- 
umphantly elected. Thereupon the Whig party lie- 
came extinct. 

It was in 1S61, after the secession of several ~ 
when the Peace Congress assembled in Washington, 
in which Mr. Chase, well known to be the intended 
Secretary of the Treasury of Mr. Lincoln, then elect, 
openly declared that the Northern States never would 
fulfil their obligations under the Constitution of the 
United States in the matter of the return of fugitives 
from service, that Mr. Gentry's long-cherished hope 



of the Union seemed to die within him, and pass 
away as an illusive dream. 

There were then thirteen States, which had avowedly 
and openly declared, that that clause of the Constitu- 
tion ol the United States, without which, Judge Story 
said, the Constitution never could have been made; 
and which, Judge Baldwin, of the Supreme Court, on 
a Circuit Bench, said, was " the comer-stone of the 
United Stales Government,'' should be uncondition- 
ally repudiated. It was then that Mr. Gentry, in re- 
tirement on his plantation in Tennessee, determined, 
like many other old Southern Whigs, that there was 
but one alternative for patriots, and lhat was, to quit 
the Union, as the only hope of saving the Constitu- 
tion. With these feelings, he cast his fortune with 
his State, after the overwhelming popular vote, though 
irregularly taken in favor of secession, was given, 
lie was elected to the Confederate Congress in 1S62, 
and again in 1863. It was there that the writer of 
this sketch met this long attached friend the last 
time. 

He was then failing in health and spirits. With 
ihe waning fortunes of the Confederacy, pursuing a 
policy internally and externally which his judgment 
did not approve, and the loss of his second wife, de- 
spondency came upon him. He had espoused seces- 
sion only as a State rights remedy to rescue and pre- 
serve the Constitution ; he thought this extreme 
remedy ought to be resorted to only as a redress of 
grievances, and lhat when the Northern States, faith- 
less to their obligations under the Constitution, should 
rectify their wrongs, all the States should again be 
reunited upon the old or the improved Confederate 
Constitution. But he became satisfied that this end 
would never be obtained under the policy of the ad- 
ministration at Richmond. After the collapse, and 
the result of the war was known, the last hope of 
good government left him, and on the 2d of Novem- 
ber, 1S67, bereft of fortune, with blasted hopes, and 
gloomy forebodings for the future of his country in 
the dark days of reconstruction, he departed this life 
on the plantation of one of his daughters. He left 
four children surviving, two daughters by the first 
marriage, and two sons by the last. 

This brief tribute is given to the memory of one of 
the truest and noblest gentlemen the writer ever met 
with in his eventful life. No profounder philan- 
thropist, no one more devoted to Constitutional Lib- 
erty ever lived in this or any other country than 
Meredith Poindexter Gentry. 

Alex •• i"R II. Stephens. 

Washington, D. C, 17/// May, 1SS1. 



APPENDIX K. 
Georgia Platform <>i 1850. 

To the end that the position of this State may be 
clearly apprehended by her Confederates of the S-aiih 
and of the North, and that she may be blame] 1 

all future consequences — 

Be it resolved by the people of Georgia in 1 
Hon assembled. First. That we hold the American 
Union secondary in importance only to the rights and 
principles it wis designed to perpetuate. That past 

nt fruition, and future pro 
will bind us to it so long as it continues to be the 
safeguard of those rights and principles. 

Second. That if the thirteen original parties to the 



9 6 4 



APPENDIX L. — ADDRESS BEFORE THE ASSEMBLY OF GEORGIA. 



compact, bordering the Atlantic in a narrow belt, 
while their separate interests were in embryo, their 
p. i uii ir tendencies scarcely developed, their revolu- 
tionary trials and triumphs still green in memory, 
found Union impossible without compromise, the 
thirty-one of this day may well yield somewhat in 
the conflict of opinion and policy, to preserve that 
Union which has extended the sway of Republican 
Government over a vast wilderness to another ocean, 
and proportionally advanced their civilization and 
national greatness. 

Third. That in this spirit the State of Georgia lias 
maturely considered the action of Congress, embrac- 
i ries of measures for the admission oi California 
into the Union, the organization ofTerritorial Govern- 
ments for Utah and New Mexico, the establishment 
of a boundary between the la'ter and the v 

. the suppression of the slave trade in the Dis- 
trict of Columbia, and the extradition of fugitive 
slaves, and (connected with them) the rejection of 
propositions to exclude slavery from the Mexican 
Territories, and to abolish it in the DLtrict of Colum- 
bia; and, whilst she does not wholly approve, will 
abide by it as a permanent adjustment ■ •! this sectional 
controversy. 

Fourth. That the State of Georgia, in the judg- 
ment of this convention, will and ought to resist, even 
(as a last resort) to a disruption of every tie which 
binds her to in, any future Act of Congress 

. boli hing slavi ry in the District of Columbia, without 
the consent and petition of the slaveholders thereof, 
or any act abolishing slavery in places within the 
slaveholding States, purchased by the United Slates 
for the erection of forts, magazines, arsenals, dock- 
yards, navy yards, and other like purposes; or in any 
act suppressing the slave trade between slaveholding 
State-; or in any refusal to admit as a Stale any Ter- 
ritory applying, because of the existence oi slavery 
therein; or in any act prohibiting the introduction of 
slaves into the Territories of Utah and New Mexico; 
or in any act repealing or materially modifying the 
laws now in force for the recovery ol fugitive slaves. 

Fifth. That it is the deliberate 0] inion of this con- 
vention, that upon the faithful execution of the Fugi- 
tive Slave Bill by the pr per authorities, depends the 
preservation of our much loved Union. 



APPENDIX L.— No. i. 

Address before the Generai Assembly of rHE 
State oi Georgia, February 22, 1866. 

Gentlemen of the Senate and House of Representatives : 

I appear before you in answer to your call. This 
call, coming in the imposing form it does, and under 
the circumstances it doe-, requires a response from 
me. You have assigned to me a very high, a very 
honorable and responsible position. This position 
you know I did not seek. Most willingly would T 
have avoided it ; and nothing but an extraordinary 
sense of duty could have induced me to yield my own 
disinclinations and aversions to your wishes and judg- 
ment m the matter. I- or this unusual manifestation 
of esteem and confidence, I return you my profound- 
est acknowledgments of gratitude. Of one thing only 
can 1 give you nny assurance, and that is, if I shall 
be permitted to discharge the trusts thereby imposed, 
they will be discharged with a singleness of purpose 
to the public good. 



The great object with me now, is to see r. restora- 
tion, if possible, of peace, prosperity, and constitu- 
tional liberty in this once happy, but now disturbed, 

agitated, and distracted country. To this end. all my 
energies and efforts, to the extent of their powers, « ill 

be devoted. 

You ask my views on the existing state of affairs; 
our duties at the present, and the prospects of the 
future? This i- a U.-k from which, under other cir- 
cumstances, I might very well shrink, lie who ven- 
tures to speak, and to give counsel and advice in 
times of peril, or disaster, assumes no enviable j osi- 
tion. Far be that rashness from me which sometimes 
prompts the forward to rush in where angels might 
fear to tread. In responding, therefore, briefly to 
your inquiries, I feel, I trust, the full weight and 
magnitude of the subject. It involve- the welfare of 
millions now living, and that of many more millions 
who are to come after us. I am also fully inn 
wi.h the consciousness of the inconceivably small 
effect of what 1 shall say upon the momentous results 
involved in the subject itself. 

It is with ihese feelings I c tier my mite of c< unsi 1 
at your request. And in the outset of the under- 
taking, limited as it is intended to be to a few general 
ideas only, well may I imitate an illustrious example 
in invoking aid from on high; "that I may say noth- 
ing on this occasion which may compromit tin lights, 
the honor, the dignity, or best interests of my m in 
try." I mean especially the rights, honor, dignity, 
and best interests of the people of Georgia. With 
their sufferings, their losses, their misfortunes, their 
bereavements, and their present utter prostration, my 
be. nt is in deepest sympathy. 

We have reached that point in our affairs at v hi. h 
the great question before us is — "To be or not to 
be?" — and if to be — How? Hope, ever >| 
in the human breast, prompts, even under the j . 
calamine- and adversities, never to despair. Adver- 
sity is a severe school, a terrible crucible; loth for 
individuals and communities. We are now in this 
. this crucible, and should bear in mind that it 
i- never negative in it> action. It is always positive. 
It is ever decided in its effects, one way or the other. 
It either makes better or worse. It either brings out 
unknown vices, or arouses dormant virtue-. In 
mi rals, its tendency is to make saints or n | 
— in politics, to make heroes or des] eradoes. The 
first indication of it-- working for good, to which hope 
look- anxiously, is the manifestation of a lull con- 
sciousness of its nature and extent; and the most 
promising grounds of hope for possible good from 
our present trouble-, or of things with us getting bet- 
ter instead of worse, i- the evidi nt general reali 
on the part of our people, of their present situation : 
of the evils now upon them, and of the greater on< - 
-till impending. These it is not my purpose to ex- 
aggerate if I could; that would be useless; nor to 
lessen or extenuate; that would be worse than use- 
less. All fully understand and realize them. They 
feel them. It is well they do. 

Can these evils upon us — the absence of law ; the 
want of protection and security of person and ] rop 
erly, without which civilizat : on cannot advance — be 
removed ? or can those greater ones which threaten 
our very political existence, be averted? These are 
the questions. 

It is true we have not '.he control of all the t< trie 
dies, even if these questions could be satisfactorily 
answered. Our fortunes and destiny are not entirely 



APPENDIX L.— ADDRESS BLFORE HIE ASSEMBLY OF GEORGIA. 



965 



in our own hands. Yet there are some things that we 
may, and can, and ought, in my judgment, to do, 
from which no harm can come, and from which some 
good may follow, in bettering our present condition. 
States and communities, as well as individuals, when 
they have done the best they can in view of surround- 
ing circumstances, with all the lights they have before 
them — let results be what they may — can at least 
enjoy the consolation — no small recompense that — of 
having performed their duty, and of having a con- 
science void of offence before God and man. This, 
if no more valuable result, will, I trust, attend the 
doing of what I propose. 

The first great duty, then, I would enjoin at this 
time, is the exercise of the simple, though difficult 
and trying, but nevertheless indispensable quality of 
patience. Patience requires of those afflicted to bear 
and to suffer with fortitude whatever ills may befall 
them. This is often, and especially is it the case 
with us now, essential for their ultimate removal by 
any instrumentalities whatever. We are in the con- 
dition of a man with a dislocated limb, or a broken 
leg, and a very bad compound fracture at that. How 
it became broken should not be with him a question 
of so much importance, as how it can be restored to 
health, vigor, and strength. This requires of him, as 
the highest duty to himself, to wait quietly and pa- 
tiently in splints and bandages, until nature resumes 
her active powers — until the vital functions perform 
their office. The knitting of the bones and the 
granulation of the flesh require lime ; perfect quiet 
and repose, even under the severest pain, is necessary. 
It will not do to make too great haste to get well ; an 
attempt to walk too soon will only make the matter 
worse. We must or ought now, therefore, in a simi- 
lar manner to discipline ourselves to the same or like 
degree of patience. I know the anxiety and restless- 
ness of the popular mind to be fully on our feet again 
— to walk abroad as we once did — to enjoy once 
more the free outdoor air of heaven, with the perfect 
use of all our limbs. I know how trying it is to be 
denied representation in Congress, while we are pay- 
ing our proportion of the taxes — how annoying it is 
to be even partially under military rule — and how in- 
jurious it is to the general interest and business of the 
country to be without post-offices and mail communi- 
cations ; to say nothing of divers other matters on the 
long list of our present inconveniences and privations. 
All these, however, we must patiently bear and en- 
dure for a season. With quiet and repose we may 
get well — may get once more on our feet again. One 
thing is certain, that bid humor, ill-temper, exhibited 
either in restlessness or grumbling, will not hasten it. 

Next to this, another great duty we owe 10 our- 
selves is the exercise of a liberal spirit of forbearance 
amongst ourselves. 

The first step toward local or general haimony, is 
the banishment from our breasts of every feeling and 
sentiment calculated to stir the discords of the past. 
Nothing could be more injurious or mischievous to [he 
future ol this country, than the agitation, at present, 
of questions that divided the people anterior to, or 
during the existence of the late war. On no occasion, 
and especially in ihe bestownient of office, ought such 
differences of opinion in the past ever to be men- 
tioned, either for or against any one, otherwise equally 
entitled to confidence. These ideas or sentiments of 
other times and circumstances are not the germ- from 
which hopeful organizations can now arise. Let all 
differences of opinion, touching errors, or supposed 



errors, of the head or heart, on the part of any, in the 
past, growing out of these matters, be at once, in the 
deep ocean of oblivion forever buried. Let there be 
no criminations or recriminations on account of acts 
of other days. No convassing of past conduct or mo- 
tives. Great disasters are upon us and upon the 
whole country, and without inquiring how these origi- 
nated, or at whose door the fault should be laid, let 
us now as common sharers of common misfortunes, on 
all occasions, consult only as to the best means, under 
the circumstances as we find them, to secure the best 
ends toward future amelioration. Good government 
is what we want. This should be the leading desire 
and the controlling object with all; and I need not 
assure you, if this can be obtained, that our desolated 
fields, our towns and villages, and cities now in ruins, 
will soon — like the Phoenix — ri.se again from their 
ashes; and all our waste places will again, at no dis- 
tant day, blossom as the rose. 

This view should also be borne in mind, that what- 
ever differences of opinion existed before the late fury 
of the war, thev sprung mainly from differences as to 
the best means to be used, and the best line of policy 
to be pursued, to secure the great controlling object of 
all — which was good GOVERNMENT. Whatever may 
be said of the loyalty or disloyalty of any, in the late 
most lamentable conflict of arms, I think I may venture 
safely to say, that there was, on the part of the great 
mass of the people of Georgia, and of the entire 
South, no disloyalty to the principles of the Constitu- 
tion of the United States. To that system of repre- 
sentative government; of delegated and limited pow- 
ers; that establishment in a new phase, on this con- 
tinent, of all the essentials of England's Magna 
Charta, for the protection and security of life, liberty 
and property ; with the additional recognition of the 
principle as a fundamental truth, that all political 
power resides in the people. With us it was simply 
a question as to where our allegiance was due in the 
maintenance of these principles — which authority 
was paramount in the last resort — State or federal. 
As for myself, I can affirm that no sentiment of dis- 
loyalty to these great principles of self-government, 
recognized and embodied in the Constitution of the 
United States, ever beat or throbbed in breast or 
heart of mine To their maintenance my whole soul 
was ever enlisted, and to this end my whole life has 
heretofore been devoted, and will continue to be the 
rest of my days — God willing. In devotion to these 
principles, I yield to no man living. This much I 
can say for myself; may I not say the same for you 
and for the great mass of the people of Georgia, and 
for the great mass of the people of the entire South ? 
Whatever differences existed amongst us, arose from 
differences as to the best and. surest means of secur- 
ing these great ends, which was the object of all. It 
was with this view and this purpose secession was 
tried. That has failed. Instead of bettering our 
condition, instead of establishing oiir liberties upon a 
surer foundation, we have, in the war that ensued, 
come well nigh losing the whole of the rich inherit- 
ance with which we set out. 

This is one of the sad realizations of the present. 
In this, too. we are but illustrating the teachings of 
historv. Wars, and civil wars especially, always 
menace liberty ; they seldom advance it; while they 
usually end in its entire overthrow and destruction. 
Ours stopped uist short of such a catastrophe. Our 
only alternative now is, either lo give up all hope of 
constitutional liberty, or to retrace our steps, and to 



96c 



APPENDIX L.— ADDRESS BEFORE THE ASSEMBLY OF GEORGIA. 



look for its vindication and maintenance in the forums 
of reason ami justice, instead of on the arena of arms 
— in the couits and halls of legislation, instead of on 
the fields of battle. 

I am frank and candid in telling you right here, 
that our surest hopes, in my judgment, of these ends, 
are in the restoration policy of the President of the 
United States. I have little hope for liberty — little 
hope for the success of the great American experiment 
of self-government — hut in the success of the present 
efforts for the restoration of the States to their former 
practical relations in a common government, ui.der 
the Constitution of the United States. 

We -ue not without an encouraging example on 
this line in the history of the mother country — in the 
history of our ancestors — from whom we derived, in 
great measure, the principles to which we are so much 
devoted. The truest friends of liberty in England 
once, in 1642, abandoned the forum of reason, and 
appealed, as we did, to the sword, as the surest 
means, in their judgment, of advancing their cause. 
This was after they had made great progress, under 
the lead of Coke, Hampden, Falkland and others, 
in the advancement of liberal principles. Many usur- 
pations had been checked ; many of the prerogatives 
of the crown had been curtailed ; the petition of right 
had been sanctioned; ship-money had been aban- 
doned; courts-martial had been done away with; 
habeas corpus had been re-established ; high courts 
of commission ami star-chamber had been abolished ; 
many other great abuses of power had been corrected, 
and other reforms established. But not satisfied with 
these, and not satisfied w ith the peaceful working of 
reason, to go on in its natural sphere, the denial of 
the sovereignty of the crown was pressed by the too 
ardent reformers upon Charles the First, All else 
he had yielded — this he would not. The sword was 
appealed to, to settle the question ; a civil war was 
the result; great valor ami courage were displayed on 
both sides; men of eminent virtue and patriotism fell 
in the sanguinary and fratricidal conflict; the king 
was 1 deposed and executed; a commonwealth pro- 
claimed. But the end was the reduction of the people 
of England to a worse state of oppression than they 
had been in for centuries. They retraced their steps. 
After nearly twenty years of exhaustion and blood, and 
the loss of the greater portion of the liberties enjoyed 
by them before, they, by almost unanimous consent, 
called for restoration. The restoration came. Charles 
the Second ascended the throne, as unlimited a mon- 
arch as ever ruled the empire. Not a pledge was 
asked or a guarantee given, touching the concessions 
of the royal prerogative, that had been exacted and 
obtained from his father. 

The true friends of liberty, of reform and of pro- 
gress in government, had become convinced that 
these were the offspring of peace and of enlightened 
reason, and nol ol passion nor of arms. The House 
of Commons and the House of Lords were hence- 
forth the theatres of their operations, and not the 
fields of Newberry or Marston-Moor. The result 
w ts, that in less than thirty years, all their ancient 
oid privileges, which had been lost in the civil 
war. with new securities, were re-established in the 
ever-memorable settlement of 16S8; which, for all 
practical purposes, may he looked noon as a bloodless 
revolution. Since that time, England has made still 
further and more signal strides in reform and pro- 
gress. But not Htie of these has been effected by 
resort to arms. Catholic emancipation was carried 



in parliament, after years of argument, against the 
most persistent opposition. Reason and justice ulti- 
mately prevailed. So with the removal of the dis- 
ability of the Jews — so with the overthrow of the 
rotten borough system — so with the extension of 
franchise — so with the modification of the coin law's, 
and restrictions on commerce, opening the way to the 
establishment of the principles of free trade — and so 
with all the other great reforms by parliament, which 
have so distinguished English history for the last half 
century. 

May we not indulge hope, even in the alternative 
before us now, from this great example of restoration, 
if we but do as the friends of liberty there did ? This 
is my hope, my only hope. It is founded on the virtue, 
intelligence and patriotism of the American people. 
I have not lost my faith in the people, or in their 
capacity for self-government. But for these great 
essential qualities of human nature, to be brought 
into active and efficient exercise, for the fulfilment of 
patriotic hopes, it is essential that the passions of the 
day should subside; that the causes of these passions 
should not now be discussed ; that the embers of the 
late strife shall not be stirred. 

Man by nature is ever prone to scan closely the 
errors and defects of his fellow-man — ever ready to 
rail at the mote in his brothel's eye, without consider- 
ing the beam that is in his own. This should not be. 
We all have our motes or beams. We are all frail ; 
perfection is the attribute of none. Prejudice or pre- 
judgment should be indulged toward none. Pieju- 
dice ! What wrongs, what injuries, what mischiefs, 
what lamentable consequences, have resulted at all 
times from nothing but this perversity of the intellect ! 
Of all the obstacles to the advancement of truth and 
human progress, in every department — in science, in 
art, in government, and in religion, in all ages and 
climes, not one on the list is more formidable, more 
difficult to overcome and subdue, than this horril le 
distortion of the moral as well as intellectual facul- 
ties. It is a host of evil within itself. I could en- 
join no greater duty upon my countrymen now, North 
and South, than the exercise of that degree of for- 
bearance which would enable them to conquer their 
prejudices. One of the highest exhibitions of the 
moral sublime the world ever witnessed, was that of 
Daniel Webster, when in an open barouche in the 
streets of Boston, he proclaimed in substance, to a 
vast assembly of his constituents — unwilling hearers 
— that " they had conquered an uncongenial clime; 
they had conquered a sterile soil ; they had conquered 
the winds and currents of the ocean; they had con- 
quered most of the elements of nature; but they must 
vet learn to conquer their prejudices!" 1 know of 
no more fitting incident or scene in the life of that 
wonderful man, "Cfarus et vir Fortissimus," for per- 
petuating the memory of the true greatness of his 
character, on canvas or 111 marble, than a representa- 
tion of him as he then and there stood and spoke-! 
It was an exhibition of moral grandeur surpassing 
that of Aristides when he said, " ( Ih, Athenians, what 
Themistocles recommends would be greatly to your 
interest, but it would be unjust !" 

I sav to you, and if my voice could extend through- 
out this vast country, over hill and dale, over moun- 
tain and valley, to hovel, hamlel and mansion, village, 
town and city, I would say, among the first, [coking 
to restoration of peace, prosperity and harmony in 
this land, is the great duty ol exercising that degree 
of forbearance which will enable them to conquer 



APPENDIX L— ADDRESS BEEORE THE ASSEMBL V OF GEORGIA. 



967 



their prejudices. Prejudices against communities as 
well as individuals. 

And next to that, the indulgence of a Christian 
spirit of charity. "Judge not that ye be not judged," 
especially in matters growing out of the late war. 
Most of the wars that have scourged the world, even 
in the Christian era, have arisen on points of con- 
science, or differences as to the surest way of salva- 
tion. A strange way that to heaven, is it not ? How 
much disgrace to the church, and shame to mankind, 
would have been avoided, if the ejaculation of each 
breast had been, at all limes, as it should have been, 

" Let not this weak, unknowing hand, 
Presume Thy bolts to throw ; 
And deal damnation round the land, 
On him /deem Thy foe." 

How equally proper is it now, when the spirit of 
peace seems to be hovering over our war-stricken 
land, that in canvassing the conduct or motives of 
others during the late conflict, this great truth should 
be impressed upon the minds of all, 

" Who made the heart? 'Tis He alone 

Decidedly can try us; 
He knows each chord, its various tone 

Each spring, its various bias ; 
Then at the balance, let's be mute, 

We never can adjust it ; 
What's done, we partly may compute, 

But know not what's resisted." 

Of all the heaven descended virtues, that elevate 
and ennoble human nature, the highest, the sublimest, 
and the divinest is charity. I>y all means, then, fail 
not to exercise and cultivate this soul-regenerating 
element of fallen nature. Let it be cultivated and 
exercised not only amongst ourselves and toward our- 
selves, on all questions of motive or conduct touching 
the late war, but toward all mankind. Even toward 
our enemies, if we have any, let the aspirations of 
our hearts be: "Father, forgive them; they know 
not what they do." The exercise of patience, for- 
bearance, and charity, therefore, are the first three 
duties I would at this time enjoin — and of these three, 
" the greatest is charity." 

But to proceed. Another one of our present du- 
ties is this: we should accept the issues of the war, 
and abide by them in good faith. This, I feel ful y 
persuaded, it is your purpose to do, as well as that of 
your constijtuents. The people of Georgia have in 
convention revoked and annulled her ordinance of 
1861, which was intended to sever her from the com- 
pact of Union of 17S7. The Constitution of the 
United States has been reordained as the organic law 
of our land. Whatever differences of opinion hereto- 
fore existed as to where our allegiance was due, dur- 
ing the late state of things, none for any practical 
purpose can exist now. Whether Geurgia, by the 
action of her convention of 1 86 1 , was ever rightfully 
out of the Union or not, there can be no question 
that she is now in, so far as depends upon her will 
and deed. The whole United States, therefore, is 
now without question our country, to be cherished 
and defended as such, by all our hearts and by all 
our amis. 

The Constitution of the United States, and the 
treaties and laws made in pursuance thereof, are now 
acknowledged to be the piramounl law in this whole 
country. Whoever, therefore, is true to these prin- 



ciples as now recognized, is loyal as far as that term 
has any legitimate use or force under our institutions. 
This is the only kind of loyalty and the oidy test of 
loyally the constitution itself requires. In any other 
view, everything pertaining to restoration, so far as 
regards the great body of the people in at least eleven 
States of the Union, is but making a promise to the 
ear to be broken to the hope. AH, therefore, who 
accept the issue of war in good faith, and come up to 
the test required by the constitution, are now loyal, 
however they may have heretofore been. 

But with this change comes a new order of things. 
One of the results of the war is a total change in our 
whole internal polity. Our former social fabric has 
been entirely subverted. Like those convulsions in 
nature which break up old incrustations, the war has 
wrought a new epoch in our political existence. Old 
things have passed away, and all things among us in 
this respect are new. The relation heretofore, under 
our old system, existing between the African and 
European races, no longer exists. Slavery, as it was 
called, or the status of the black race, their subordi- 
nation to the white, upon which all our institutions 
rested, is abolished forever, not only in Georgia, but 
throughout the limits of the United States. This 
change should be received and accepted as an irrevo- 
cable fact. It is a bootless question now to discuss, 
whether the new system is better for both races than 
the old one was or not. That may be proper matter 
for the philosophic and philanthropic historian, at 
some future lime to inquire into, after the new system 
shall have been fully and fairly tried. 

All changes of systems or proposed reforms are but 
experiments and problems to be solved. Our system 
of self-government was an experiment at first. Per- 
haps as a problem it is not yet solved. Our present 
duty on this subject is not with the past or the future ; 
it is with the present. The wisest and the best often 
err, in their judgments, as to the probable workings of 
any new system. Let us therefore give this one a fair 
and just trial, without prejudice, and with that ear- 
nestness of purpose which always looks hopefully to 
success. It is an ethnological problem, on the solu- 
tion of which depends, not only the best interests of 
both races, but it may be the existence of one or the 
other, if not both. 

This duty of giving this new system a fair and just 
trial will require of you, as legislators of the land, 
great changes in our former laws in regard to this 
large class of population. Wise and humane pro- 
visions should be made for them. It is not for me to 
go into detail. .Suffice it to say on this occasion, that 
ample and full protection should be secured to them, 
so that they may stand equal before the law, in the 
possession and enjoyment of all rights of person, lib- 
erty and property. Many considerations claim this 
at your hands. Among these may be stated their 
fidelity in times past. They cultivated your fields, 
ministered to your personal wants and comforts, 
nursed and reared your children ; and even in the 
hour of danger and peril they were, in the main, true 
to you and yours. To them we owe a debt of grati- 
tude, as well as acts of kindness. This should also 
be done because they are poor, untutored, uninformed ; 
many of them helpless, liable to be imposed upon, and 
need it. Legislation should ever look lo the protec- 
tion of the weak against the strong. Whatever may 
lie said of the equably of races, or their natural capa- 
city to become equal, no one can doubt that at this 
time this race among u.-> is nut equal to the Caucasian. 



90S 



APPENDIX L.— ADDRESS BEFORE THE ASSEMBL V OF GEORGEA. 



This Inequality docs not lessen the moral obligations 
on the |>.m ol the superior to the inferior : it rather 
increases them. From him who has much, more is 

required than from hiin who has little. The present 
generation ol them, it is true, is far above their savage 
progenitor-, who were at first introduced into this 
country, in general intelligence, virtue, and moral 
culture. This shows capacity for improvement. But 
in all the higher characteristics of mental develop- 
ment, they are still very far below the European type. 
What further advancement they may make, or to 
what standard they may attain, under a different sys- 
tem of laws every way suitable and wisely applicable 
to their changed condition, time alone can disclose. 
I speak of them as we now know them to be; having 
no longer the protection of a master, or legal guardian, 
they now need all the protection which the shield of 
tii'- law can give. 

But, above all, this protection should be secured, 
because it is right and just that it should be, upon 
general principles. All governments in their organic 
structure, as well as in their administration, should 
have this leading object in view; the good of the 
governed. Protection and security to all under its 
jurisdiction, should be the chief end of every govi w 
ment. It is a melancholy truth that while this should 
be the chief end of all governments, most of them are 
used only as instruments of power, for the aggran- 
dizement of the few, at the expense of, and by the op- 
pression of, the many. Such are not our ideas of 
government, never have been, and never should be. 
Governments, according to our ideas, should look to 
the good of the whole, and not a part only. "The 
greatest good to the greatest number," is a favorite 
dogma with some. Some so defended our old sys- 
tem. But you know this was never my doctrine. 
The greatest good to all, without detriment or injury 
to any. is the true rule. Those governments only are 
founded upon correct principles, of reason and jus- 
tice, which look to the greatest attainable advance- 
ment, improvement and progress, physically, intel- 
lectually and morally, of all classes and conditions 
within their rightful jurisdiction. If our old system 
wis not the best, or. could not have been made the 
best, for bi ith races, in this respect and upon this basis, 
it ought to have been abolished. This was my view 
of that system while it lasted, and I repeat it now 
that it is no more. In legislation, therefore, under 
the new system, you should look to the best interest 
of all classes; their protection, security, advancement 
and improvement, physically, intellectually and mor- 
ally. All obstacles, if there be any, should be re- 
moved, which, can possibly hinder or retard, the im- 
provement of the blacks to the extent of their capa- 
city. All proper aid should be given to their 0WB 
Channels of education should be opened up 
to them. Schools, and the usual means of moral and 
intellectual training, should be encouraged amongst 
them. This is the dictate, not only of what is right 
and proper, and just in itself, but it is also the prompt- 
ings of the highest considerations of interest. It is 
difficult to conceive a greater evil or curse, that could 
befall our country, stricken and distressed as it now is, 
ih. in for so large a portion of its population, as this 
class w i!l quite probably constitute amongst us, here 
after, to be reared in ignorance, depravity and vice. 
In view of such a state of things well might the 
prudent even now look to its abandonment. Let us 
not, however, indulge in such thoughts of the future, 



nor let us, without an effort, say the system cannot be 
worked. Let us not, standing still, hesitatingly ask. 
" Can there any good thing come out of Nazareth ?" 
but let us rather say as Gamaliel did, " If this counst 1 
or this work be of men, it will come to naught, but if 
it be of God ye cannot overthrow it, lest haply ye he 
found even to fight against God." The most vexed 
questions of the age are social problems. These we 
have heretofore had but little to do with ; we were 
relieved from them by our peculiar institution. Eman- 
cipation ol the blacks, with its consequences, was 
ever considered by me with much more interest as a 
social question, one relating to the proper status of 
the different elements of society, and their relations 
toward each other, looking to the best interest of all, 
than in any other light. The pecuniary aspect of it, 
the considerations of labor mid caj ital, in a politico- 
economic view, sunk into insignificance, in comparison 
with this. This problem, as one of the results of the 
war, is now upon us, presenting one of the niosi per- 
plexing questions of the sort that any people ever had 
to deal with. Let us resolve to do the best we can 
with it. from all the rights we have, or can get from 
any quarter. With this view, and in this connection, 
I take the liberty of quoting for your consideration, 
some remaiks even from the Rev. Henry Waul 
Beecher. I met with them some months ago while 
pondering on this subject, and was as much struck as 
surprised, with the drift of their philosophy, coming 
from the source they did. I give them as I find tlum 
in the New York Times, where they were reported. 
You may he as much surprised at hearing such ideas 
from Mr. Beecher, as I was. Bui, however much 
we may differ from him on man}- questions, and on 
many questions connected with this subject, yet all 
must admit him to rank amongst the master spirits of 
the age. And no one perhaps has contributed more 
by the power of his pen and voice in bringing about 
the present state of things, than he has. Yet, never- 
theless, I commend to your serious consideration, is 
pertinent to my present object, what he was reported 
to have said, as follows ■ 

"In our land and time facts and questions are 
pressed upon us which demand Christian settlement 
— settlement on this ground and doctrine. We can- 
not escape the responsibility. Being strong and 
powerful, we must nurse, and help, and educate, and 
foster the weak, and poor, and ignorant. For ny 
own part, I cannot see how we shall escape il 
terrible conflict of classes, by and by, unless we are- 
educated into this doctrine of duty, on the part of the 
superior to the inferior. We are told by zealous and 
fanatical individuals, that all men are equal. We 
know better. They are not equal. A common 
brotherhood teaches no such absurdity. A theory 
of universal, physical likeness, is no more absurd 
than this. Now, as in all times, the strong go to the 
top, the weak go to the bottom. It's natural, right 
and can't be helped. All branches are not at the to]) 
of the tree, but the top does not despise the lower; 
nor do they all despise the limb or the parent trunk ; 

and SO with tin- body politic, there mUSl be classes. 
Some must be at the top and some must be at the 
bottom. It is difficult to foresee, and estimate the 
development of lie- poiver of classes in America. 
They are simply inevitable. They are here now, and 
will be more. If they are friendly, living at peace, 
loving and respecting and helping one another, all 
will be well. But if they are selfish, unchristian; if 



APPENDIX L.— ADDRESS BEFORE THE AS3EMBL Y OF GEORGIA. 



969 



the old heathen feeling is to reign, each extracting all 
he can from his neighbor, ami caring nothing for liim ; 
society will be lined by classes a> by seams — like bat- 
teries, each firing broadside after broadside, the one 
upon the other. If, on the other hand, the law of 
love prevails, there will be no ill-will, no envy, no 
disturbance. Does a child hate his father because he 
is chief, because he is strong and wise ? On the con- 
trary, he grows with his father's growth, and strength- 
ens with his strength. And if in society there should 
be fifty grades or classes, all helping each other, there 
will be no trouble, but perfect satisfaction and con- 
tent. This Christian doctrine carried into practice, 
will easily settle the most troublesome of all home 
present questions.'' 

What he here said of the state of things where he 
spoke in the State of New York, and the fearful an- 
tagonism of classes there, is much more applicable to 
us. Here, it is true, only two great classes exist, or 
are likely to exist, but these are deeply marked by dis- 
tinctions bearing the impress of nature. The one is 
now beyond all question greatly superior to the other. 
These classes are as distinct as races of men can be. 
The one is of the highest type of humanity, the other 
of the lowest. All that he says of the duty of the 
superior, to protect, to aid, to encourage, and to help 
the inferior, I fully and cordially indorse and com- 
mend to you as quite as applicable to us and our situ- 
ation, as it was to his auditors. Whether the doc- 
trine, if carried out and practised, will settle all these 
most troublesome home questions with us as easily as 
he seemed to think it would like home questions with 
those whom he was addressing, I will not undertake 
to say. I have no hesitancy, however, in saying that 
the general principles announced by him are good. 
Let them be adopted by us as far as practicable. No 
harm can come from it, much good may. Whether 
the great barrier of races which the Creator has placed 
between this, our inferior class and ourselves, shall 
prevent a success of the experiment now on trial, of 
a peaceful, happy and prosperous community, com- 
posed of such elements and sustaining present rela- 
tions toward each other, or even a further elevation 
on the part of the inferior, if they prove themselves 
fit for it, let the future, under the dispensations of 
Providence, decide. We have to deal with the 
present. Let us do our duty now, leaving results and 
ultimate consequences to that 

" Divinity which shapes our ends. 
Rough hew them how we will." 

In all things on this subject, as in all others, let our 
guide he the admirable motto of our State. Let our 
counsels be governed by wisdom, our measures by 
moderation, and our principles by justice. 

So much for what I have to say on this occasion, 
touching our present duties on this absorbing subject, 
and some of our duties in reference to a restoration 
of peace, law, and order; without which all must, 
sooner or later, end in utter confusion, anarchy, ami 
despotism. I have, as I said I should, only glanced 
at some general ideas. 

Now as to the future, and the prospect before us! 
On this branch of the subject I can add but little. 
You can form some ideas of my views of that from 
what has already been said. Would that I could say 
something cheerful ; but that candor, which has 
marked all that I have said, compels me to say that 



to me the future is far from being bright. Nay, it is 
(lark and impenetrable; thick gloom curtains and 
closes in the horizon all around us. Thus much I can 
say: my only hope is in the peaceful re establishment 
of good government, and its peaceful maintenance 
afterward. And, further, the most hopeful prospect 
to this end now is the restoration of the old Union, and 
with it the speedy return of fraternal feeling through- 
out its length and breadth. These results depend upon 
the people themselves — upon the people of the North 
quite as much as the people of the South — upon their 
virtue, intelligence, and patriotism. I repeat, I hase 
faith in the American people, in their virtue, intelli- 
gence, and patriotism. But for this I should long since 
have despaired. Dark and gloomy as the present 
hour is, I do not yet despair of free institutions. Let 
but the virtue, intelligence, and patriotism of the peo- 
ple throughout the whole country be properly appealed 
to, aroused and brought into action, and all may yet 
be well. The masses, everywhere, are alike equally 
interested in the great object. Let old issues, old 
questions, old differences, and old feuds, be regarded 
as fossils of another epoch. They belong to what may 
hereafter be considered the Silurian period of our his- 
tory. Great, new, living questions are before us. Let 
it not be said of us in this day, not yet passed, of our 
country's greatest trial and agony, that " there was a 
party for Caesar, a party for Pompey, and a party for 
Brutus, but no party for Rome." 

But let all patriots, by whatever distinctive name 
heretofore styled, rally, in all elections everywhere, to 
the support of him, be he who he may, who bears the 
standard with " Constitutional Union " emblazoned on 
its folds. President Johnson is now, in my judgment, 
the chief great standard-bearer of these principles, and 
in his efforts at restoration should receive the cordial 
support of every well-wisher of his country. 

In this consists, on this rests, my only hope. Should 
he be sustained, and the government be restored to iis 
former functions, all the States brought back to their 
practical relations under the Constitution, our situation 
will De greatly changed from what it was before. A 
radical and fundamental change, as has been stated, 
has been made in that organic law. We shall have 
lost what was known as our " peculiar institution," 
which was so intertwined with the whole framework 
of our Slate body politic. We shall have lost nearly 
half the accumulated capital of a century. But we 
shall have still left all the essentials of free govern- 
ment, contained and embodied in the old Constitution, 
untouched and unimpaired as they came from the 
hands of our fathers. With these, even if we had to 
begin entirely anew, the prospect before us would be- 
much more encouraging than the prospect was before 
them, when they lied from the oppressions of the old 
world, and sought shelter and homes in this then wil- 
derness land. The liberties we begin with, they had 
to achieve. With the same energies and virtues they 
displayed, we have much more to cheer us than they 
had. With a climate unrivalled in salubrity; with a 
soil unsurpassed in fertility; and with products un- 
equalled in value in the markets of the world, to say 
nothing of our mineral resources, we shall have much 
still to wed us to the good old land. Willi good gov- 
ernment, the matrix from which alone spring all great 
human achievements, we shall lack nothing but our 
own proper exertions, not only to recover our former 
prosperity, but to attain a much higher degree of de- 
velopment in everything that characterizes a great, 



97° 



APPENDIX L.— TESTIMONY OF A. H. STEPHENS. 

APPENDIX L.— 2. 



free, and happy people. At least I know of no other 
land that the sun shines upon, that offers better pros- 
pects under the contingencies stated. 

The old Union was based upon the assumption that, 
it was for the best interest of the people of all the 
State- to be united as they were, each State faithfully 
performing to the people of the other State- all their 
obligations under the common compact. I always 
thought this assumption was founded upon broad, cor- 
rect, and statesman-like principles. 1 think so yet. 
It was only when it seemed to be impossible further 
to maintain it, without hazarding greater evils than 
would perhaps attend a separation, that I yielded my 
assent in obedience to the voice of Georgia, to try the 
experiment which has just resulted so disastrously to 
us. Indeed, during the whole lamentable conflict, it 
was my opinion thai however the pending strife might 
terminate, so far as the appeal to the sword was con- 
cerned, yet after a while, when the passions and ex- 
citements of the day should pass away, an adjustment 
or arrangement would be made upon continental prin- 
ciples, upon the genera' basis of " reciprocal advantage 
and mutual convenience," on which the Union was 
first established. My earnest desire, however, through- 
out, was, whatever might be done, might be peaceably 
done; might be the result of calm, dispassionate, and 
enlightened reason ; looking to the permanent interests 
and welfare of all. And now, after the severe chas- 
tisement of war, if the general sense of the whole 
country shall come back to the acknowledgment of the 
original assumption, that it is for the best interests of 
all the States to be so united, as I trust it will; the 
States still being " separate as the billows, but one as 
the sea; " I can perceive no reason why, under such 
restoration, we as a whole, with " peace, commerce, 
and honest friendship with all nations and entangling 
alliances with none," may not enter upon a new career, 
exciting increased wonder in the old world, by grander 
achievements hereafter to be made, than any hereto- 
fore attained, by the peaceful and harmonious work- 
ings of our American institutions of self-government. 
All this is possible if the hearts of the peopie be right. 
It is my earnest wish to see it. Fondly would I in- 
dulge my fancy in gazing on such a picture of the fu- 
ture. With what rapture may we not suppose the 
spirits of our fathers would hail its opening scenes 
from their mansions above. Such are my hopes, rest- 
ing on such contingencies. But if, instead of all this, 
the passions of the day shall continue to bear sway; 
if prejudice shall rule the hour; if a conflict of races 
shall arise; if ambition shall turn the scale; if the 
sword shall be thrown in the balance against patriot- 
ism ; if the embers of the late war shall be kept a-glow- 
ing until with new fuel they shall flame up again, then 
our present gloom is but the shallow, the penumbra 
of that deeper and darker eclipse, which is to totally 
obscure this hemisphere and blight forever the anxious 
anticipations and expectations of mankind! Then, 
hereafter, by some bard it may be sung, 

"The Star of Hope shone brightest in the West, 
The hope of Liberty, the last, the best ; 
That, too, has set, upon her darkened shore, 
And Hope anil freedom light up earth no more." 

May we not all, on this occasion, on this anniver- 
sary of the birthday of Washington, join in a fervent 
priyerto Heaven that the Great Ruler of events may 
avert from this land such a fall, such a fate, and such 
a requiem ! 



RESTORATION. 

Testimony of Alexander H. Stephens before 

the Reconstruction Committee. 

Alexander H. Stephens — Sworn and examined. 

By Mr. Bout well : 

Q. State your residence. 

A. Crawfordsville, Georgia. 

Q. What means have you hail, since Lee's surren- 
der, to ascertain the sentiments of the people of 
Georgia with regard to the Union ? 

A. I was at home, in Georgia, at the time of the 
surrender of General Lee, and remained there until 
the nth of May, and during that time conferred very 
freely with the people in my immediate neighborhood, 
with the governor of the State, and with one or two 
other leading or prominent men in the State. From 
the nth of May until my return to Georgia, which 
was the 25th of October, I had no means of knowing 
anything of the public sentiment there, except 
through the public press and such letters as I re- 
ceived. From the time of my return until I left the 
State on my present visit here, I had very extensive 
intercourse with the people, visiting Augusta, visiting 
Milledgeville during the session of the legislature, 
first on their assembling, again in January upon their 
reassembling, and again in the latter part of Febru- 
ary. While there, I conversed very freely and fully 
with all the prominent leading men, or most of them, 
in the legislature, and met a great many of the 
prominent, influential men of the State, not connected 
with the legislature; and by letters fn m and corre- 
spondence with men in the State whom I have not 
met. I believe that embraces a full answer to the 
question as to my means of ascertaining the sentiments 
of the people of that State upon the subject stated in 
the question. 

Q. As the result of your observations, what is your 
opinion of the purpose of the people with reference 
to the reconstruction of the government, and what are 
their desires and purposes concerning the mainten- 
ance of the government ? 

A. My opinion, and decided opinion, is that an 
overwhelming majority of the people of Georgia are 
exceedingly anxious for the restoration of the govern- 
ment, and for the State to take her former position in 
the Union, to have her senators and representatives 
admitted into Congress, and to enjoy all her rights 
and to discharge all her obligations as a State under 
the Constitution of the United States as it stands 
amended. 

Q. What are their present views concerning the 
justice f the rebellion ? Do they at present believe 
that it was a reasonable and proper undertaking, or 
otherwise ? 

A. My opinion of the sentiment of the people of 
Georgia upon that subject is, that the exercise of the 
right of secession was resorted to by them from a de- 
sire to render their liberties and institutions more 
secure, and a belief on their part that this was abso- 
lutely necessary for that object. They were divided 
upon the question of the policy of the measure; there 
was, however, but very little division among them 
upon the question of the right of it. It is now their 
belief, in my opinion — and I give it merely as an 
opinion — that the surest, if not the only hope for their 
liberties, is the restoration of the Constitution of the 
United States and of (he government of the United 
States unde the Constitution. 



APPENDIX L.— TESTIMONY OF A. II. STEPHENS. 



971 



Q. Has there been any change of opinion as to the 
right of secession, as a right, in the people or in the 
States ? 

A. I think there has been a very decided change 
of opinion, as to the policy, by those who favored it. 
I think the people generally are satisfied sufficiently 
with the experiment, never to resort to that measure 
of redress again, by force, whatever may be iheirown 
abstract ideas upon that subject. They have given up 
all idea of a maintenance of these opinions by a resort 
to force. They have come to the conclusion that it is 
better to appeal to the forums of reason and justice, 
to the halls of legislation and the courts, for the 
pi enervation of the principles of constitutional liberty, 
than to the arena of arms. It is my settled convic- 
tion that there is not any idea cherished at ail in the 
public mind of Georgia, of ever reporting again to 
secession, or to the exercise of the right of secession 
by force. That whole policy for the maintenance of 
their rights, in my opinion, is at this time totally aban- 
doned. 

Q. But the opinion as to the right, as I understand, 
remains substantially the same? 

A. I cannot answer as to that. Some may have 
changed their opinion in this respect. It would bean 
unusual thing, as well as a difficult matter, for a whole 
people to change their convictions upon abstract 
truths or principles. I have not heard this view of the 
subject debated or discussed recently, and I wish to 
be understood as giving my opinion only on that 
branch of the subject which is of practical character 
and importance. 

Q. To what do you attribute the change of opinion 
as to the propriety of attempting to maintain their 
views by force ? 

A. Well, sir, my opinion about that — my indi- 
vidual opinion, derived from observation — is that this 
change of opinion arose mainly from the operation 
of the war among themselves, and the results of the 
conflict, from their own authorities on their individual 
rights of person and property — the general breaking 
down of constitutional barriers which usually attend 
all protracted wars. 

Q. In 1S61, when the ordinance of secession was 
adopted in your State, to what extent was it supported 
by the people ? 

A. After the proclamation of President Lincoln 
calling out seveny-five thousand militia, under the cir- 
cumstances it was issued, and blockading the south- 
ern ports, and the suspension of the writ of habeas 
corpus, the southern cause, as it was termed, received 
the almost unanimous support of the people of Geor- 
gia. Before that they were very much divided on 
the question of the policy of secession. But after- 
ward they supported the cause within the range of 
my knowledge, with very few exceptions (there were 
some few exceptions, not exceeding half a dozen I 
think). The impression then prevailing was, that 
public liberty was endangered, and they supported the 
cause because of their zeal for constitutional rights. 
They still differed very much as to the ultimate object 
to be attained, and the means to be used, but these 
differences yielded to the emergency of the appre- 
hended common danger. 

Q. Was not the ordinance of secession adopted in 
Georgia, earlier in date than the proclamation lor 
seventy-five thousand volunteers ? 

A. Yes, sir. I stated that the people were very 
much divided on the question of the ordinance of se- 
cession, but that after the proclamation the people 



became almost unanimous in their support of the 
cause. There were some few exceptions in the State 
— I think not more than half a dozen among my ac- 
quaintances. As I said, while they were thus almost 
unanimous in support of the cause, they differed also 
as to the end to be attained by sustaining it. Some 
looked to an adjustment or settlement of the contro- 
versy upon any basis that would secure their constitu- 
tional rights; others looked to a southern separate 
nationality as their only object and hope. These 
different views as to the ultimate objects did not in- 
terfere with the general active support of the cause. 

Q. Was there a popular vote upon the ordinance 
of secession ? 

A. Only so far as in the election of delegates to the 
convention. 

Q. There was no subsequent action ? 

A. No, sir; the ordinance of secession was not sub- 
mitted to a popular vote afterward. 

Q. Have you any opinion as to the vote it would 
have received, as compared with the whole, if it had 
been submitted to the free action of the people? 

Witness. Do you mean after it was adopted by the 
convention ? 

Mr. Boutwell. Yes; after it was adopted by the 
convention, if it had been submitted forthwith, or 
within a reasonable time. 

A. Taking the then state of things into considera- 
tion, South Carolina, Florida, and Mississippi, I think, 
having seceded, my opinion is that a majority of the 
people would have ratified it, and perhaps a decided 
or large majority. If, however, South Carolina and 
the other States had not adopted their ordinances of 
secession, I am very well satisfied that a majority of 
the people of Georgia, and perhaps a very decided 
majority, would have been against secession if the or- 
dinance had been submitted to them. But as matters 
stood at the time, if the ordinance had been submitted 
to a popular vote of the State, it would have been 
sustained. That is my opinion about that matter. 

Q. What was the date of the Georgia ordinance ? 

A. The 18th or 19th; I think the 19th of January, 
186 1, though I am not certain. 

Q. The question of secession was involved in the 
election of delegates to that convention, was it not ? 

A. Yes, sir. 

Q. And was there on the part of candidates a pretty 
general avowal of opinions? 

A. Very general. 

Q. What was the result of the election as far as the 
convention expressed any opinion upon the question 
of secession ? 

A. I think the majority was about thirty in the con- 
vention in favor of secession. I do not recollect the 
exact vote. 

Q. In a convention of how many ? 

A. In a convention based upon the number of sen- 
ators and members of the House in the general as- 
sembly of the State. The exact number I do not 
recollect, but I think it was near three hundred, per- 
haps a few over or under. 

. Q. Was there any difference in different parts of 
the State in the strength of Union sentiment at that 
time? 

A. In some of the mountain counties the Union 
sentiment was generally prevalent. The cities, low lis, 
anil villages were generally for secession throughout 
the State, I think, with some exceptions. The anti- 
secession sentiment was more general in the rural 
districts and in the mountain portions of the State; 



9/2 



APPENDIX I..— TESTIMONY OF A. H. STEPHENS. 



yet the people of some of the upper counties were 
very active and decided secessionists. There was 
nothing like a sectional division of the State at all. 
For instance, the delegation from Floyd county, in 
which the city of Rome is situated, in the uppi 
tion of the State, was an able one, strong for seces- 
sion, while the county of Jefferson, down in the inte- 
rior of the cotton Kelt, sent one of tin- must prominent 
delegations for the Union. I could designate other 
particular counties in that way throughout the State, 
showing that there was not what might be termed a 
sectional or geographical division of the State on the 
question. 

Q. [n what particular did the people believe their 
constitutional liberties were assailed or endangered 
from the Union ? 

A. Mainly, I would say, in their internal 
polity and their apprehension from the general con- 
solidating tendencies of the doctrines and principles 
of that political party which had recently succeeded 
in the choice of a President and Vice-President ol 
the United Slates. It was the serious apprehension 
that if the republican organization, as then constituted, 
would succeed to power, it would lead ultimately to 
a virtual subversion of the Constitution of the United 
Stales, and all essential guaranties of public liberty. 
I think that was the sincere and honest conviction in 
the minds of our people. Those who opposed seces- 
sion did not apprehend that any such result would 
necessarily follow the elections which had taken 
place; they still thought that all their rights might be 
maintained in the Union and under the constitution, 
especially as there were majorities in both Houses of 
Congress who agreed with them on constitutional 
questions. 

< v >. To what feature of their internal social polity 
did they apprehend danger? 

A. Principally the subordination of the African 
race as it existed under their laws and institutions. 

Q. In what spirit is the emancipation of slaves re- 
ceived by the people ? 

A. Generally it is acquiesced in ami accepted, I 
think, in perfect good faith, and with a disposition to 
do the best that can be done in the new order of 
things in this particular. 

Q. What a! present are the relations subsisting be- 
tween the white people and black people, especially 
in the relation of employers and employed? 

A. Quite as good, I think, as in any part of the 
world that ever 1 have been in, between like classes 
ot employers and employes. The condition of things, 
in this respect, on my return last fall, was very dif- 
ferent from wh.it it was when I left home for my 
present visit to this city. During the fall and up to 
the close ol the year, there was a general opinion pre- 
vailing among the colored people thai at Christmas 
there would be a division of the lands, and a very 
genera] indisposition on their part to make any con- 
it all for the present year. Indeed, there were 
very few contracts, I think, made throughout the 
State until after Christmas, or about the 1st of Janu- 
ary. General Tillson, who is at the head of the 
bureau in the State, and whose administration has 
given very general satisfaction to our people, 1 think, 
was very active in disabusing the minds of the col- 
ored people from their error in this particular. lie 
Visited quite a number ol places in the State, and ad- 
dressed large audiences of colored people, and when 
they became satisfied they were laboring under a mis- 
take in anticipating a division of lands after Christmas 



and the 1st of January, they made contracts very 
readily generally, and since that time affairs have, in 
the main, moved on quite smoothly and quietly. 

Q. Are the negroes generally at work? 

A. Yes, sir; they are generally at work. There 
are some idlers; but this class constitutes but a small 
proportion. 

Q. What upon the whole has been their conduct? 
Proper under the circumstances in which they have 
been placed, or otherwise? 

A. A- a whole, much better than the most hopeful 
looked for, 

Q. As far as you know, what are the leading ob- 
jects and desires of the negro population at the pres- 
ent time in reference to themselves? 

A. It is to be protected in their rights of persons 
and of property — to be dealt by fairly and justly. 

Q. What, if anything, has been clone by the legis- 
lature of your State for the accomplishment of these 
objects ? 

A. The legislature has passed an act of which the 
following is a copy : 

" [No. 90.] 

"AN ACT to define the term ' persons of color,' and- 
to declare the rights of such peisoiis. 

"Section I. Be it enacted, etc ., That all negroes, 
mulattoes, mestizoes, and their descendants, having 
one-eighth negro or African blood in their veins, shall 
be known in this State, as • persons of color.' 

"■Section 2. Be tt further enacted, That persons of 
color shall have the right to make and enforce con- 
tracts, to sue, be sued, to be parties and give evidence, 
to inherit, to purchase, and to have full and equal 
benefit of all laws and proceedings for the security of 
person and estate, and shall not be subjected to any 
other or different punishment, pain, or penalty for the 
commission of an) act or offence than such as are 
prescribed for white persons committing like acts or 
offences." 

The third section of this act simply repeals all con- 
flicting laws. It was approved by the governor on the 
17th of March last. 

Q. Does this act express the opinions of the peo- 
ple, and will it be sustained ? 

A. I think it will be sustained by the courts as 
well as by public sentiment. It was passed by the 
present legislature. As an evidence of the tone of 
the legislature of the State, as well as that of the peo- 
ple of the State upon this subject, I will refer you 
simply to a letter I wrote to Senator Stewart upon the 
same subject. I submit to you a copy of that letter. 
It is as follows : 

"Washington, D. C, April 4, 1866 

" ! IEAR Sir : In answer to your inquiries touching 
the sentiments and feelings of the peo] le oi Georgia 
low aid the freedmen, and the legal status ol this class 
of population in the State, etc., allow me briefly to 
say that the address delivered by me >n the 22d of 
February last before the legislature (a copy of which 
I herewith hand you) expresses very fully and clearly 
my own opinions and feelings upon the subjects ol 
your inquiry. This address was written and printed 
as \ou now see it, before its delivery. It was de- 
luded verbatim as you now read it, that there might 
be no mistake about it. It was as it now stands 
unanimously indorsed by the Senate in a joint reso- 
lution, which was concurred in in the House without 



APPENDIX L.— TESTIMONY OF A. H. STEPHENS. 



973 



dissent, and was ordered to be spread upon the jour- 
nals of both Houses. This I refer you to as a better 
and more reliable index of the feelings and views of 
the people of the State on this subject than any bare 
individual opinion I might entertain or express. The 
legislature of the State, it is to be presumed, is as 
correct an exponent of the general feelings and views 
of the State upon any political question as any that 
can be obtained from any quarter. In addition to 
this, the legislature subsequently evinced their prin- 
ciples by their works in passing an act, which I also 
inclose to you. This act speaks for itself. It is 
short, concise, pointed, as well as comprehensive. 
It secures to the colored race the right to contract 
and to enforce contracts, the right to sue and to be 
sued, the right to testify in the courts, subject to the 
same rules that govern the testimony of whites, and 
it subjects them to the same punishments for all 
offences as the whites. In these respects, embracing 
all essential civil rights, all classes in Georgia now 
stand equal before the law. There is no discrimina- 
tion in these particulars on account of race or color. 

" Please excuse this hasty note; I have no time to 
go more in detail. 

" Yours, most respectfully, 

"Alexander H. Stephens. 

" Hon. William M. Stewart, 

"United States Senate." 

Q. What, if anything, is being done in Georgia 
with regard to the education of the negroes, either 
children or adults ? 

A. Nothing by the public authorities as yet. 
Schools are being established in many portions of 
the State, under the auspices, I think, of the Freed- 
men's Bureau, and quite a number by the colored 
people themselves, encouraged by the whites. 

Q. What disposition do the negroes manifest in 
regard to education? 

A. There seems to be a very great desire on the 
part of the children and younger ones, and with their 
parents to have them educated. 

Q. What is the present legal condition of I hose who 
have lived together as husband and wife? Do the 
laws recognize and sustain the relations and the 
legitimacy of their offspring? 

A. Our State laws do. They recognize all those 
living as man and wife as legally man and wife. A 
good many of them took out licenses, and were mar- 
ried in the usual way. There is no difference in 
our laws in that respect. Licenses are issued for 
white and black alike, only they are prohibited from 
in e marrying with each other. The races are not 
permitted to intermarry. 

Q. Were the amendments to the constitution of 
the State of Georgia, recently adopted, submitted to 
the people ? 

A. No, sir; they were not submitted. I have no 
hesitation, however, in expressing the opinion that 
nine-tenths of the people would have voted for them 
if the constitution had been submitted. That is but 
an opinion. I heard no dissent at all in the State. 
I was there all the lime. I got home before the o in- 
vention adjourned. The State constitution, as made 
by the convention, would have been ratified almost 
without opposition. It would have been ratified 
nem. con. if it had been submitted. This, at least, is 
my opinion. 

Q. What wis the voting population of your State 
in 1S60? 



A. Something upward of a hundred thousand. 

Q. What is probably the present voting population ? 

A. The voting population of the State, under the 
present constitution, is perhaps eighty thousand. 
That is a mere estimate. 

Q. Has there been any enumeration of the losses 
of Georgia in the field, in the military service? 

A. No accurate estimate that I am aware of. 

Q. What is it supposed to have been ? 

A. I am not able to answer the question with any- 
thing like accuracy. 

Q. What is the public sentiment of Georgia with 
regard to the extension of the right of voting to the 
negroes ? 

A. The general opinion in the State is very much 
averse to it. 

Q. If a proposition were made to amend the Con- 
stitution so as to have representation in Congress based 
upon voters substantially, would Georgia ratify such a 
proposed amendment, if it were made a condition 
precedent to the restoration of the Stale to political 
power in the Government? 

A. I do not think they would. The people of 
Georgia, in my judgment, as far as I can reflect or 
represent their opinions, feel that they are entitled 
under the Constitution of the United States, to repre- 
sentation without any further condition precedent. 
They would not object to entertain, discuss, and ex- 
change views in the common councils of the country 
with the other States upon such a proposition, or any 
proposition to amend the Constitution, or change it in 
any of its features, and they would abide by any such 
change if made as the Constitution provides ; but they 
feel that they are constitutionally entitled to be heard 
by their senators and members in the houses of Con- 
gress upon this or any other proposed amendment. 
I do not, therefore, think that they would ratify that 
amendment suggested as a condition precedent lo her 
being admitted to representation in Congress. Such, 
at least, is my opinion. 

Q. It is then your opinion that at present the people 
of Georgia wouldneither be willing to extend suffrage 
to the negroes, nor consent to the exclusion of the ne- 
groes from the basis of representation? 

A. The people of Georgia, in my judgment, are 
perfectly willing to leave suffrage and ihe basis of rep- 
resentation where the Constitution leaves it. They 
look upon the question of suffrage as one belonging 
exclusively to the States; one over winch, under the 
Constitution of the United States, Congress has no 
jurisdiction, power, or control, except in proposing 
amendments to the Slates, and not in exacting them 
from them, and I do not think, therefore, that the 
people of that State, while they are disposed, as I be- 
lieve, earnestly, to deal fairly, justly, and generously 
with the freedmen, would be willing to consent to a 
change in the Constitution that would give Congress 
jurisdiction over the question of suffrage. And espe- 
cially would they be very much averse to Congress 
exercising any such jurisdiction, without their repre- 
sentatives in the Senaie and House being heard in the 
public council upon this question that so vitally con- 
cerns their internal policy, as well as the internal pol- 
icy of all the States. 

Q. If the propo-uion were to be submitted to Geor- 
gia as one of the eleven States lately in rebellion, lhat 
she might be restored to political power in the gov- 
ernment of the c Hintry upon the condition precedent 
that she should, on the one hand, extend suffrage to 
the negro, or, on the other, consent to their exclusion 



974 



APPENDIX L.— TESTIMONY OF A. II. STEPHENS. 



from the basis of representation, would she accept 
cither proposition and take her place in the govern- 
ment of the country ? 

A. I can only give my opinion. I do not think she 
would accept either as a condition precedent presented 
by Congress, for they do not believe that Congress has 
the rightful power under the Constitution to prescribe 
such a condition. If Georgia is a State in the Union, 
her people feel that she is entitled to representation 
without conditions imposed by Congress. And if she 
is not a State in the Union, then she could not be 
admitted as an equal with the others if her admission 
were trammelled with conditions that do not apply to 
all the rest alike. General universal suffrage amongst 
the colored people, as they are now there, would by 
our people be regarded as about as great a political 
evil as could befall them. 

Q. 11 the proposition were to extend the right of 
suffrage to those who could read, anil to those who 
had served in the Union armies, would that modifica- 
tion affect the action of the State ? 

A. I think the people of the State would be un- 
willing to do more than they have done for restora- 
tion. Restricted or limited suffrage would not be so 
objectionable as general or universal ; but it is a mat- 
ter that belongs to the State to regulate. The ques- 
tion of suffrage, whether universal or restricted, is one 
of State policy exclusively, as they believe. Indi- 
vidually 1 should not be opposed to a proper system 
(»f restricted or limited suffrage to this class of our 
population ; but in my judgment it is a matter that 
belongs of constitutional right to the States to regulate 
exclusively, each lor itself. But the people of that 
Male, as I have said, would not willingly, I think, do 
more than they have done for restoration. The only 
view, in their opinion, that could possibly justify the 
war which was carried on by the federal Government 
against them, was the idea of the indissolubleness ol 
I .e Union — that those who held the administration for 
the lime were bound to enforce the execution of the 
laws and the maintenance of the integrity of the coun- 
try under the Constitution ; and since that was accom- 
plished, since those who had assumed the contrary 
principle — the right of secession, and the reserved 
sovereignty of the States — had abandoned their cause, 
and the administration here was successful in main- 
taining the idea upon which war was proclaimed and 
waged, and the only view in which they supposed it 
could be justified at all — when that was accomplished, 
I say, the people ol Georgia supposed their State was 
immediately entitled to all her rights under the Con- 
stitution. That is my opinion of the sentiment of the 
people of Georgia, and I do not think they would be 
willing to do anything further as a condition prece- 
deni to theii being permitted to enjoy the full measure 
of their Constitution.il rights. I only give my opinion 
of the of the people at this time. They ex- 

pected that as soon as the Confederate cause was 
abandoned, that immediately the States would be 
brought back into their practical relations with the 
Government, as previously constituted. That is what 
they looked to. They expected that the Stale would 
immediately have their representatives in the Senate 
and in the House, and they expected in good faith, as 
loyal men, as the term is frequently used — I mean by 
it loyal to law, order, and the Constitution — to support 
the Government under the Constitution. That was 
their feeling. They did what they did, believing it 
was best for the protection of constitutional liberty. 
Toward the Constitution of the United States, as they 



construed it, the great mass of our people were as much 
devoted in their feelings as any people ever were to- 
ward any cause. This is my opinion. As I remarked 
before, they resorted to secession with a view of main- 
taining more securely these principles. And when 
they found they were not successful in their object, in 
perfect good faith, as far as I can judge from meeting 
with them and conversing with them, looking to the 
future developments of their country in its material 
resources, as well as its moral and intellectual progress, 
their earnest desire and expectation was to allow the 
past struggle, lamentable as it was in its results, to 
pass by, and to co-operate with the true friends of the 
Constitution, with those of all sections who earnestly 
desire the preservation of constitutional liberty, and 
the perpetuation of the Government in its purity. 
They have been a little disappointed in this, and are 
so now. They are patiently wailing, however, and 
believing that when the passions of the hour have- 
passed away, this delay in restoration will cease. 
They think they have done everything that was essen- 
tial and proper, and my judgment is that they would 
not be willing to do anything further as a condition 
precedent. They would simply remain quiet and 
passive. 

Q. Does your own judgment approve the view yon 
have given as the opinion of the people of the State? 

A. My own judgment is very decided that the 
question of suffrage is one that belongs, under (he 
Constitution — and wisely so, too — to the States respec- 
tivelv and exclusively. 

Q. Is it your opinion that neither of the alternatives 
suggested in the question ought to be accepted by the 
people of Georgia ? 

A. My own opinion is, that these terms ought not 
to be ottered as conditions precedent. In other words, 
my opinion is, thai it would be best for the peace, har- 
mony, ami prosperity of the whole country that there 
should be an immediate restoration — an immediate 
bringing back of the States into their original practical 
relations — and let all these questions then lie discussed 
in common council. Then the representatives from 
the South could be heard, and you and all could judge 
much better of the tone and temper of the people than 
you could from the opinions given by any individuals. 
You may take my opinion, or the opinion of any indi- 
vidual, but they will not enable you to judge ol the 
condition of the Slate of Georgia so well as for her 
own representatives to be beard in your public coun- 
cils in her own behalf. My judgment, therefore, is 
very decided that it would have been better, as soon 
as the lamentable conflict was over, when the people 
of the South abandoned their cause and agreed to ac- 
cept the issue — desiring, as they do, to resume their 
places for the future in the Union, and to look to the 
halls ol Congress and the courts for the protection of 
their rights in the Union — it would have been better 
to have allowed that result to follow, under the policy 
adopted by the administration, than to delay it or hin- 
der it by propositions to amend the Constitution in 
respect to suffrage or any other new matter. I think 
the people of all the Southern States would, in the 
halls of Congress, discuss these questions caimly and 
deliberately ; and if they did not show that the views 
they entertnined were jii-t and proper, such as to con- 
trol the judgment of the people of ihe other sections 
ami States, they would quietly, patiently, and patriot- 
ically yield to whatever should be constitutionally 
determined in common council. But 1 think they 
feel very sensitively the offer to them of propositions 



APPEXDIX L.— TESTIMONY OF A. II. STEPHENS. 



975 



to accept, while they are denied all voice in the com- 
m >n council of the Union under the Constitution in 
ihe discussion of these propositions. I think they feel 
very sensitively that they are denied the right to be 
heard. And while, as I have said, they might differ 
among themselves in many points in regard to suf- 
frage, they would not differ upon the question of doing 
anything further as a condition precedent to restora- 
tion. And in respect to the alternate conditions to 
he so presented, I do not think they would accept the 
one or the other. My individual general views as to 
the proper course to lie pursued in respect to the col- 
ored people are expressed in a speech made before 
the Georgia Legislature, referred to in my letter to 
Senator Stewart; that was the proper forum, as I con- 
ceive, in which to discuss this subject. And I think 
a great deal depends in the advancement of civiliza- 
tion and progress, looking to the benefit of all classes, 
that these questions should be considered and kept 
before the proper forum. 

Q. Suppose the States that are represented in Con- 
gress and Congress itself should be of the opinion 
that Georgia should not be permitted to take its place 
in the government of the country except upon its 
assent to one or the other of the two propositions sug- 
gested : is it then your opinion that under such cir- 
cumstances Georgia ought to decline? 

Witness. You mean the States now represented, 
and those only ? 

Mr. Boutwell. Yes. 

Witness. You mean by Congress, Congress as it 
is now constituted, with the other eleven States ex- 
cluded ? 

Mr. Boutwell. I do. 

Witness. And you mean the same alternative 
proposition to be applied to all the eleven States as 
Conditions precedent to their restoration ? 

Mr. Boutwell. I do. 

A. Then I think she ought to decline under the 
circumstances, and for the reasons stated ; and so 
ought the whole eleven. Should such an offer be 
made and declined, and these States should thus con- 
tinue to be excluded and kept out, a singular specta- 
cle would be presented. A complete reversal of po- 
sitions would be presented. In 1861 these Stales 
thought they could not remain safely in the Union 
without new guaranties, and now, when they agree 
to resume their former practical relations in the Union 
under the Constitution as it is, the other States turn 
upon them and say they cannot permit them to do so, 
safely to their interest, without new guaranties on 
their part. The Southern States would ihus present 
themselves as willing for immediate Union under the 
Constitution, while it would lie the Northern States 
opposed to it. The former uisunionists would thereby 
become unionists, and the former unionists the prac- 
tical disunionists. 

Examination of ALEXANDER II. STEPHENS re- 
sumed : 

By Mr. Boutwell : 

Q. Do you mean to be understood in your last 
answer that there is no constitutional power in the 
government, as at present organized, to exact condi- 
tions precedent to the restoration to politicil power 
of the eleven Stales that hive been in rebellion? 

A. Yes, sir. That is my opinion. 

Q. Doyou enfert dn ihe same opinion in ref rence tn 
the amendment to ihe Constitution abolishing -1 lvery ? 

A. I do. I think the States, however, abolished 



slavery in good faith, as one of the results of the 
war. Their ratification of the constitutional amend- 
ment followed as a consequence. I do not think there 
is any constitutional power on the part of the govern- 
ment to have exacted it as a condition precedent to 
their restoration under the constitution, or to the re- 
sumption of their places as members of the Union. 

Q. What, in your opinion, is the legal value of the 
laws passed by Congress and approved by the Presi- 
dent in the absence of senators and representatives 
from the eleven States? 

A. I do not know what particular law you refer 
to; but my answer, generally, is, that the validity of 
all laws depends on their constitutionality. This is 
a question for the judiciary to dettrmine. My own 
judgment, whatever it might be, would have to con- 
form to the judicial determination of the question. 
It is a tjuestion for the courts to determine. 

Q. Have you formed any opinion upon that ques- 
tion ? 

A. I cannot say that I have formed any matured 
opinion in reference to any particular act of Congress 
embraced in ihe question. 

Q. Assume that Congress shall in this session, in 
the absence of senators and representatives from the 
eleven States, pass an act levying taxes upon all the 
people of the United States, including the eleven: is 
it your opinion that such an act would be constitu- 
tional ? 

A. I should doubt if it would be. It would cer- 
tainly, in my opinion, be manifestly unjust, and 
against all ideas of American representative govern- 
ment. Its constitutionality would, however, be a 
question for the judiciary to decide, and I should he 
willing to abide by that decision, whatever it might 
be. 

Q. If the eleven States have at present an immedi- 
ate constitutional right to be represented in Congress 
on a footing with the States at present represented , 
has that been a continuous right from the formation 
of the government, or from the time of the admission 
of the new States respectively, or has it been inter- 
rupted by war ? 

A. I think, as the Congress of the United States 
did not consent to the withdrawal of the seceding 
States, it was a continuous right under the Constitu- 
tion of the United States, to be exercised so soon as 
the seceding States respectively made known their 
readiness to resume their former practical relations 
with the federal government, under the Constitution 
of the United States. As the general government 
denied the right of secession, I do not think any of 
the States attempting to exercise it thereby lost any 
of their rights under the Constitution, as States, when 
their people abandoned that attempt. 

Q. Is it or not your opinion that the legislatures and 
people of the eleven States, respectively, have at 
present such a right to elect senators and repn 
lives to Congress ; that it may be exercised without 
regard to the part which persons elected may have 
had in the rebellion ? 

A. I do not think they could exercise that right in 
the choice of their senators and members, so as to 
impair in the slightest degree the constitutional right 
of each House for itself to judge of the qualifications 
of tho-e who might be chosen. The right of the con- 
stitutional electors of a State to choose, and the right 
of each Hous^ of Congress to jud h\ of the qualifica- 
tions of those elected to (heir respective bodies, are 
i very distinct and different questions. And in tliui 



APPEXDIX L.— TESTIMOXY OF A. II. STE/IIEXS. 



976 

judging of qualifications, I am free to admit tha'. in 
my opinion no one should he admitted as a member 
■A either House of Congress who is noi really and 
truly loyal to the Constitution of the United States 
and to the government established by it. 

Q, Mate whether from your ol>servation the events 
of the war have produced any change in the public 
mmd of the South upon tlie question of the reserved 
rights of tile States under the Constitution of the 
United State-. 

A. That question I answered in part yesterday. 
While I cannot slate from personal knowledge to what 
extent the opinions of the Southern States upon the 
abstract question of the reserved rights of the Stales 
may have changed, my decided opinion is that a very 
thorough change has taken place upon the practical 
policy of resorting to any such right. 

Q. What events or experience of the war have 
contributed to this change ? 

A. First, the people are satisfied that a resort to 
the exercise of this right, while it is denied by the 
federal government, will lead to war, which many 
thought bef> re the late attempted secession would not 
be the case; and civil wars they are also now very 
well satisfied are dangerous to liberty ; and, moreover, 
their experience in the late war 1 think satisfied them 
that it greatly endangered their own. I allude espe- 
cially to the suspension of the writ of habeas corpus, 
the military conscriptions, the proclamations of mar- 
tial law in various places, general impressments, and 
the levying of forced contributions, as well as the 
very demoralizing effects of war generally. 

Q. When were you last a member of the Congress 
of the United States ? 

A. I went out on the 4th of March, 1S59. 

Q. Will you state, if not indisposed to do so, the 
considerations or opinions which led you to identify 
yourself with the rebellion so far as to accept the 
office of Vice-President of the Confederate States of 
America, so called ? 

A. I believed thoroughly in the reserved sover- 
eignty of the several States of the Union under the 
compact of Union or Constitution of 1 787. I op- 
posed secession, therefore, as a question of policy, and 
not one of right on the part of Georgia. When the 
State seceded against my judgment and vote, I 
thought my ultimate allegiance was due to her, and I 
preferred to cast my fortunes and destinies with hers 
and her people, rather than to take any other course, 
even though it might lead to my sacrifice and her 
ruin. In accepting position under the new order of 
things, my sole object was to do all the good I could 
in preserving and perpetuating the principles of 
liberty, as established under the Constitution of the 
United States, If the Union was to be abandoned 
either with or without force — which I thought a very 
impolitic measure — I wished, if possible, to rescue, 
preserve, and perpetuate the principles of the Consti- 
tution. This, I was not without hope, might be done 
in the new confederacy of States formed. When the 
•conflict arose, my efforts were directed toas speedy and 
peaceful an adjustment of the questions as possible. 
This adjustment I always thought, to be lasting, wo Id 
have ultimately to be settled upon aeon menial basis, 
founded upon the principles of mutual convenience 
and reciprocal advantage on the part <>l the States, 
on which the Constitution of the United States was 
originally formed. I was wedded In no particular 
plan of adjustment, except the recognition, as a basis, 
01 the separate suvereignty of the several States. With 



this recognized as a principle, I thought all other 
questions of (Inference would soon aclju-t themselves, 
according to the best interests, peace, Welfare, and 
prosperity of the whole country, as enlightened 
reason, calm judgment, and a sense of justice might 
direct. This doctrine of the sovereignty of the 
several States I regarded as a self-adjustin 
regulating principle of our American system ol State 
governments, extending, possibly, over the continent. 

Q. Have your opinions undergone any change 
since the opening of the rebellion in reference to the 
reserved rights of States under the Constitution of the 
United States? 

A. My convictions on the original abstract ques- 
tion have undergone no change, but I accept the 
issues of the war and the result as a practical settle- 
ment of that question. The sword was appealed to 
to decide the question, and by the decision of the 
sword I am willing to abide. 



APPF.NDIX M.— No. I. 

Constitution for the Provisional Government 
of TiiF Confederate States of America. 

We, the Deputies of the Sovereign and Indepen- 
dent States of South Carolina, Georgia, Florida, 
Alabama, Mississippi, and Louisiana, invoking the 
favor-of Almighty God, do hereby, in behalf of these 

States, ordain and establish this Constitution for the 
Provisional Government of the same: to continue one 
year from the inauguration of the President, or until 
a Permanent Constitution or Confederation between 
the said Sta es shall be put in operation, whichsoever 
shall first occur. 

Artici.f. I. 

Section 1. All legislative powers herein delegated 
shall be vested in this Congress now assembled until 
otherwise ordained. 

Sat ion 2. When vacancies happen in the represen- 
tation from any Slate, the same shall be filled in such 
manner as the proper authorities of the State shall 
direct. 

Section 3. I . The Congress shall be the judge of the 
elections, returns and qualifications of its members; 
any number of Deputies from a majority of the Stales, 
being present, shall constitute a quorum to do busi- 
ness; but a smaller number may adjourn from day to 
day, and may be authorized to compel the attendance 
of absent members; upon all questions before the 
Congress, each Stale shall be entitled to one vote, 
and shall be represented by any one or more of its 
Deputies who may he present. 

2. The Congress may determine the rules of its 
proceedings, punish its members for disordeily be- 
havior, and with the concurrence of two-thirds, expel 
a member. 

3. The Congress shall keep a journal of its pro- 
ceedings, and from time to time publish the same, 
excepting such parts as may in their judgment re- 
quire secrecy; and the yeas and nays of the members 
on any question, shall, at the desire of one-fifth of 
those present, or at the instance of any one Stale, he 
entered on the journal. 

Section 4. The members of Congress shall receive 
a compensation for their services, to be ascertained 
by law, and paid out of the treasury of the Confed- 
eracy. They shall in all cases, except treason, felony 



APPENDIX M.— PROVISIONAL CONSTITUTION CONFEDERATE STATES. 



977 



and breach of the peace, be privileged from arrest 
during their attendance at the session of the Congress, 
and in going to and returning from the same ; and for 
any speech or debate, they shall not be questioned in 
any other place. 

Section 5. I. Every bill which shall have passed 
the Congress, shall, before it becomes a law, be pre- 
sented to the President of the Confederacy ; if he 
approve, he shall sign it; but if not, he shall return 
it with his objections to the Congress, who shall 
enter the objections at large on their journal, and 
proceed to reconsider it. If, after such reconsidera- 
tion, two-thirds of the Congress shall agree to pass 
the bill, it shall become a law. But in all such cases, 
the vote shall be determined by yeas and nays; and 
the names of the persons voting for and against the 
bill shall be entered on the journal. If any bill shall 
not be returned by the President within ten days 
(Sunday excepted) after it shall have been presented 
to him, the same shall be a law, in like manner, as 
if he had signed it, unless the Congress, by their ad- 
journment, prevent its return, in which case it shall 
not be a law. — The President may veto any appro- 
priation or appropriations and approve any other ap- 
propriation or appropriations in the same bill. 

2. Every order, resolution or vote, intended to have 
the force and effect of a law, shall be presented to the 
President, and before the same shall take effect, shall 
be approved by him, or being disapproved by him, 
shall be re-passed by two-thirds of the Congress, 
according to the rules and limitations prescribed in 
the case of a bill. 

3. Until the inauguration of the President, all bills, 
orders, resolutions and votes adopted by the Congress 
shall be of full force without approval by him. 

Section 6. I. The Congress shall have power to lay 
and collect taxes, duties, imposts and excises, for the 
revenue necessary to pay the debts and carry on the 
Government of the Confederacy ; and all duties, im- 
posts and excises shall be uniform throughout the 
States of the Confederacy. 

2. To borrow money on the credit of the Confed- 
eracy : 

3. To regulate commerce with foreign nations, and 
among the several States, and with the Indian tribes: 

4. To establish a uniform rule of naturalization, 
and uniform laws on the subject of bankruptcies 
throughout the Confederacy. 

5. To coin money, regulate the value thereof and 
of foreign coin, and fix the standard of weights and 
measures: 

6. To provide for the punishment of counterfeiting 
the securities and current coin of the Confederacy: 

7. To establish post-offices and post-roads: 

8. To promote the progress of science and useful 
arts, by securing, for limited times, to authors and in- 
ventors, the exclusive right to their respective writ- 
ings and discoveries: 

9. To constitute tribunals inferior to the Supreme 
Court: 

10. To define and punish piracies and felonies 
committed on the high seas, and offences against the 
law of nations: 

11. To declare war, grant letters of marque and 
reprisal, and make rules concerning captures on land 
and water: 

12. To raise and support armies; but no appro- 
priation of money to that use shall be for a longer 
term than two years: 

13. To provide ami maintain a navy: 

62 



14. To make rules for the government and regula- 
tion of the land and naval forces : 

15. To provide for calling forth the militia to 
execute the laws of the Confederacy, suppress insur- 
rections, and repel invasion : 

16. To provide for organizing, arming, and dis- 
ciplining the militia, and for governing such part of 
them as may be employed in the service of the Con- 
federacy, reserving to the States respectively the ap- 
pointment of the officers, and the authority of train- 
ing the militia according to the discipline prescribed 
by Congress: 

17. To make all laws that shall be necessary and 
proper for carrying into execution the foregoing 
powers and all other powers expressly delegated by 
this Constitution to this Provisional Government: 

18. The Congress shall have power to admit other 
States : 

19. This Congress shall also exercise Executive 
powers, until the President is inaugurated. 

Section 7. 1. The importation of African negroes 
from any foreign country other than the slaveholding 
States of the United States, is hereby forbidden ; and 
Congress are required to pass such laws as shall 
effectually prevent the same. 

2. The Congress shall also have power to prohibit 
the introduction of slaves from any State not a mem- 
ber of this Confederacy. 

3. The privilege of the Writ of Habeas Corpus 
shall not be suspended unless, when in case of rebel- 
lion or invasion, the public safety may require it. 

4. No Bill of Attainder, or ex post facto law shall 
be passed. 

5. No preference shall be given, by any regulation 
of commerce or revenue, to the ports of one State 
over those of another ; nor shall vessels bound to or 
from one State be obliged to enter, clear, or pay 
duties, in another. 

6. No money shall be drawn from the treasury, 
but in consequence of appropriations made by law ; 
and a regular statement and account of the receipts 
and expenditures of all public money shall be pub- 
lished from time to time. 

7. Congress shall appropriate no money from the 
treasury, unless it be asked and estimated for by the 
President or some one of the Heads of Departments 
except for the purpose of paying its own expenses 
and contingencies. 

8. No title of nobility shall be granted by the Con- 
federacy; and no person holding any office of profit 
or trust under it, shall, without the consent of the 
Congress, accept of any present, emolument, office, or 
title of any kind whatever, from any King, Prince, or 
foreign State. 

9. Congress shall make no law respecting an estab- 
lishment of religion or prohibiting the free exercise 
thereof; or abridging the freedom of speech, or of 
the press; or the right of the people peaceably to 
assemble, and to petition the Government for a re- 
dress of such grievances as the delegated powers of 
this Government may warrant it to consider and re- 
dress. 

10. A well-regulated Militia being necessary to the 
security of a free State, the right of the people to 
keep and bear arms shall not be infringed. 

1 1. No soldier shall, in time of peace, be quartered 
in any house without the consent of the owner; nor 
in time of war, but in a manner to be prescribed by 

1 ,1 w . 

12. The right of the people to be secure in their 



978 



APTEXDIX M.—PROVISIOXAL COXST/'JCT/OX CONFEDERATE STATES. 



persons, houses, papers, and effects, against unrea- 
sonable searches and seizures, shall not be violated; 
and no Warrants shall issue but upon probable cause, 
supported by oath or affirmation, and particularly de- 
scribing the place to be searched, and the persons or 
things to be seized. 

13. No person shall be held to answer for a capital 
or otherwise infamous crime, unless on a presentment 
or indictment of a Grand jury, except in cases arising 
in the land or naval forces, or in the militia, when in 
actual service in lime of war or public danger: nor 
shall any person be subject for the same offence to be 
twice put in jeopardy of life or limb; nor shall be 
compelled in any criminal case, to be a witness 
against himself; nor be deprived of life, liberty, or 
property, without due process of law; nor shall 
private property be taken for public use, without just 
compensation. 

14. In all criminal prosecutions, the accused shall 
enjoy the right to a speedy and public trial, by an im- 
partial jury of the State and district wherein the crime 
shall have been committed, which district shall have 
been previously ascertained by law, and to be in- 
formed of the nature and cause of the accusation ; 
to be confronted with the witness against him; to 
have compulsory process for obtaining witnesses in 
his favor; and to have the assistance of counsel for 
his defence. 

15. In suits at common law, where the value in 
controversy shall exceed twenty dollars, the right of 
trial by jury shall be preserved; and no fact tried by 
a jury shall be otherwise re-examined in any Court 
of the Confederacy, than according to the rules of the 
common law. 

16. Excessive bail shall not be required, nor ex- 
cessive fines imposed, nor cruel and unusual punish- 
ment inflicted. 

17. The enumeration, in the Constitution, of certain 
rights, shall not be construed to deny or disparage 
others retained by the people. 

18. The powers not delegated to the Confederacy 
by the Constitution, nor prohibited by it to the Slates, 
are reserved to the States respectively, or to the 
people. 

19. The judicial power of the Confederacy shall 
not be construed to extend to any suit in law or 
equity, commenced or prosecuted against one of the 
Slates of the Confederacy, by citizens of another 
State, or by citizens or subjects of any foreign State. 

Section 8. I. No State shall enter into any treaty, 
alliance, or Confederation ; grant letters of marque 
and reprisal ; coin money ; emit bills of credit ; make 
anything but gold and silver coin a tender in payment 
of debts; pass any bill of attainder, ex post facto law, 
or law impairing the obligation of contracts ; or grant 
any title of nobility. 

2. No Stale shall, without the consent of the Con- 
gress, lay any imposts or duties on imports or exports, 
except what may be absolutely necessary for executing 
its inspection laws; and the net produce of all dulies 
and imposts, laid by any State on imports or exports, 
shall be for the use of the treasury of the Confederacy, 
and all such laws shall be subject to the revision and 
control of ihe Congress. No Slate shall, without the 
consent of Congress, lay any duly of tonnage, enter 
into any agreement or compact with another State, 01 
with-a foreign power, or engage in war, unless actu- 
ally invaded, or in such imminent danger as will not 
admit of delay. 



Article II. 

Section I. I. The Kxecutive power shall be vested 
in a President of the Confederate States of America. 
He, together with the Vice-President, shall hold his 
office for one year, or until this Provisional Govern- 
ment shall be superseded by a Permanent Government, 
whichsoever shall fust occur. 

2. The President and Vice-President shall be elected 
by ballot by the Stales represented in this Congress, 
each State casting one vote, and a majority of the 
whole being requisite to elect. 

3. No person except a natural born citizen, or a 
citizen of one of the States of this Confederacy at the 
time of the adoption of this Constitution, shall be eli- 
gible to the office of President; neither shall any per- 
son be eligible to that office who shall not have attained 
the age of thirty-five years and been fourteen years a 
resident of one of (he States of this Confederacy. 

4. In case of the removal of the President from 
office or of his death, resignation or inability to dis- 
charge the powers and duties of the said office (which 
inability shall be determined by a v< te of two-thirds 
of the Congress) the same shall devolve on the Yio - 
President; and the Congress may by law provide for 
the case of removal, death, resignation, or inability, 
both of the President and Vice-President, declaring 
what officer shall then act as President ; and such 
officer shall act accordingly, until the disability be re- 
moved or a ['resilient shall be elected. 

5. The President shall at stated times receive for 
his services, during the period of the Provisional Gov- 
ernment, a compensation at ihe rate of twenty-five 
thousand dollars | er annum ; and he shall not receive 
during that period any other emolument from this 
Confederacy, or any of the States thereof. 

6. Before he enters on the execution of his office, 
he shall take the following oath or affirmation : 

I do solemnly swear (or affirm) that I will faithfully 
execute the office of President of the Confederate 
States of America, and will, to the best of my abil 
ity, preserve, protect, and defend the Consiiuitic 11 
thereof. 

Section 2. I. The President shall be Commander- 
in-Chief of the Army and Navy of the Confederacy, 
and of the Militia of the several Slates, when called 
into the actual service of the Confederacy ; he may 
require the opinion, in writing, of the principal officer 
m each of the Executive Departments, upon any sub- 
ject relating to the duties of their respective offices; 
and he shall have power to grant reprieves and par- 
dons for offences against the Confederacy, except in 
cases of impeachment. 

2. He shall have power, by and with the advice 
and consent of the Congress, to make treaties; pri - 
vided two-thirds of the Congress concur; and he shall 
nominate, and by and with the advice and consent of 

Mess shall appoint ambassadors, other public 
ministers and consuls, judges of the Court, and all 
other officers of the Confederacy whose appointments 
are not herein otherwise provided for, and which shall 
be established by law. Put the Congiess may, by law, 
vest the appointment of such inferior officers as they 
think proper in the President alone, in the Courts of 
law, or in the Heads of Departments. 

3. The President shall have power to fill up all 
vacancies that may happen during ihe recess of the 
Congress, by granting commissions which shall expire 
at the end of their next session. 



ATPENDIX M.— PROVISIONAL CONSTITUTION CONFEDERATE STATES. 



979 



Section 3. 1. He shall, fr >m time to time, give to 
the Congress information of the state of the Confed- 
eracy, and recommend to their consideration such 
measures as he shall judge necessary and expedient; 
he may, on extraordinary occasions, convene the Con 
gress at such times as he shall think proper; he shall 
receive ambassadors and other public ministers; he 
shall take care that the laws he faithfully executed; 
and shall commission all the officers of the Confed- 
eracy. 

2. The President, Vice-President, and all Civil offi- 
cers of the Confederacy shall be removed from office 
on conviction by the Congress of treason, bribery, or 
other high crimes and misdemeanors : a vote of two- 
thirds shall be necessary for such conviction. 

Article III. 
Section 1. I. The Judicial power of the Confederacy 
shall be vested in one Supreme Court, and in such in- 
ferior Courts as are herein directed, or as the Congress 
may from time to time ordain and establish. 

2. Each State shall constitute a District in which 
there shall be a Court called a District Court, which, 
until otherwise provided by the Congress, shall have 
the jurisdiction vested by the laws of the United Slates, 
as far as applicable, in both the District and Circuit 
Courts of the United States, for that State; the Judge 
whereof shall be appointed by the President, by and 
with the advice and consent of the Congress, and shall, 
until otherwise provided by the Congress, exercise the 
power and authority vested by the laws of the United 
States, in the judges of the District and Circuit Courts 
of the United States, for that State, and shall appoint 
the times and places at which the Courts shall be held. 
Appeals may be taken directly from the District Courts 
to the Supreme Court, under similar regulations to 
those which are provided in cases of appeal to the 
Supreme Court of the United States, or under such 
regulations as may be provided by the Congress. The 
commissions of all the Judges shall expire with this 
Provisional Government. 

3. The Supreme Court shall be constituted of all 
the District Judges, a majority of whom shall be a 
quorum, and shall sit at such times and places as the 
Congress shall appoint. 

4. The Congress shall have power to make laws 
for the transfer of any causes which were pending in 
the Courts of the United States, to the Courts of the 
Confederacy, and for the execution of the orders, de- 
crees, and judgments heretofore rendered by the said 
Courts of the United States; and also all laws which 
may be requisite to protect the parties to all such 
suits, orders, judgments, or decrees, their heirs, per- 
sonal representatives, or assignees. 

Section 2. I. The Judicial power shall extend to all 
cases of law and equity, arising under this Constitu- 
tion, the laws of the United States and of this Confed- 
eracy, and treaties made, or which shall be made, 
under its authority ; to all cases affecting ambassadors, 
other public ministers and consuls ; to all cases of 
admiralty and maritime jurisdiction; to controversies 
to which the Confederacy shall be a party ; controver- 
sies between two or more States ; between citizens of 
different States; between citizens of the same State 
claiming lands under grants of different States. 

2. In all cases affecting ambassadors, other public 
ministers and consuls, and those in which a State shall 
be a party, the Supreme Court shall have original juris- 
diction. In all the other cases before mentioned, the 
Supreme Court shall have appellate jurisdiction both 



as to law and fact, with such exceptions and under 
such regulations as the Congress shall make. 

3. The trial of all crimes, except in cases of im- 
peachment, shall be by Jury, and such trial shall be 
held in the State where the said crimes shall have 
been committed; but when not committed within any 
State, the trial shall be at such place or places as the 
Congress may by law have directed. 

Section 3. I. Treason against this Confederacy shad 
consist only in levying war against it, or in adhering 
to its enemies, giving them aid and comfort. No per- 
son shall be convicted of treason unless on the testi- 
mony of two witnesses to the same overt act, or on 
confession in open.court. 

2. The Congress shall have power to declare the 
punishment of treason ; but no attainder of treason 
shall work corruption of blood, or forfeiture, except 
during the life of the person attainted. 

Article IV. 

Section I. I. Full faith and credit shall be given in 
each State to the public acts, records, and judicial 
proceedings of every other State. And the Congress 
may, by general laws, prescribe the manner in which 
such acts, records, and proceedings shall be proved 
and the effect of such proof. 

Section 2. I . The citizens of each State shall be en- 
titled to all privileges and immunities of citizens in the 
several States. 

2. A person charged in any State with treason, 
felony, or other crime, who shall flee from justice, 
and be found in another State, shall, on demand of 
the Executive authority of the State from which he 
fled, be delivered up, to be removed to the State hav- 
ing jurisdiction of the crime. 

3. A slave in one State, escaping to another, shall 
be delivered up on claim of the party to whom said 
slave may belong by the Executive authority of the 
State in which such slave shall be found, and in case 
of any abduction or forcible rescue, full compensation, 
including the value of the slave and all costs and ex- 
penses, shall be made to the party, by the State in 
which such abduction or rescue shall take place. 

Section 3. I. The Confederacy shall guarantee to 
every State in this Union a Republican form of Gov- 
ernment, and shall protect each of them against inva- 
sion ; and on application of the Legislature, or of the 
Executive (when the Legislature cannot be convened) 
against domestic violence. 

Article V. 
I. The Congress, by a vote of two-thirds, may, at 
any tune, alter or amend this Constitution. 

Article VI. 

1. This Constitution, and the laws of the Confed- 
eracy which shall be made in pursuance thereof, and 
all treaties made, or which shall be made, under the 
authority of the Confederacy, shall be the supreme law 
of the land; and the fudges in every State shall be 
bound thereby, anything in the Constitution or laws 
of any State to the contrary notwithstanding. 

2. The Government hereby instituted shall take- 
immediate steps for the settlement of all mallei- be- 
tween the Stales forming it, and their other late Con- 
federates of the United States, in relation to the public 
property and public debt at the time of their with- 
drawal from them; these States hereby declaring it 
to be their wish and earnest desire to adjust everything 
pertaining to the common property, common liability, 



980 



ATTEND IX M.— PERMANENT CONSTITUTION CONFEDERATE STATE. 



and common obligations of that Union upon the prin- 
ciples of right, justice, equity, and good faith. 

3. Until otherwise provided by the Congress, in the 
City of Montgomery, in the State of Alabama, shall 
be the seal of Government. 

4. The members of the Congress and all Executive 
and Judicial officers of the Confederacy shall he bound 
by oath or affirmation to support this Constitution ; hut 
no religious test shall be required as a qualification to 
any office or public trust under this Confederacy. 



APPENDIX M.— No. 2. 

Permanent Constitution <>k the Confederate 
States 01 Ami rica. 

We, the People of the Confederate Slates, each 
State acting in ils Sovereign and Independent char- 
acter, in order to form a Permanent Federal Govern- 
ment, establish justice', insure domestic tranquillity, 
and secure the blessings of liberty to ourselves and 
our posterity — invoking the favor and guidance of 
Almighty God — do ordain and establish this Consti- 
tution for the Confederate States of America. 

Article 1. 

Sec/ion 1. All legislative powers herein delegated 
shall be vested in a Congress of the Confederate 
States, which shall consist of a Senate and House of 
Representatives. 

Section 2. 1. The House of Representatives shall 
be composed of members chosen every second year 
by the people of the several States; and the electors 
in each State shall be citizens of the Confederate 
States, and have the qualifications requisite for elect- 
ors of the most numerous branch of the State Legis- 
lature ; but no person of foreign birth, not a citizen 
of the Confederate States, shall be allowed to vote 
for any officer, civil or political, State or Federal. 

2. No person shall be a Representative who shall 
not have attained the age o( twenty-five years, and 
be a citizen of the Confederate States, and who shall 
not, when elected, be an inhabitant of that State in 
which he shall be chosen. 

3. Representatives and Direct Taxes shall he ap- 
portioned among the several States, which may be in- 
cluded within this Confederacy, according to their 
respective numbers, which shall be determined by 
adding to the whole number of free persons, includ- 
ing those bound to service for a term of years, ami 
excluding Indians not taxed, three-fifths of all slaves. 
The actual enumeration shall be made within three 
years after the first meeting of the Congress of the 
Confederate States, and within every subsequent term 
of ten years, in such manner as they shall by law di 
rect. The number of Representatives shall not ex- 
ceed one for every fifty thousand, but each State shall 
have at least one representative; and until such 
enumeration shall be made, the State of South Caro- 
lina shall be entitled to choose six — the State of 
Georgia ten — the State of Alabama nine — the State 
of Florida two — the State of Mississippi seven — the 
State of Louisiana six, ar.d the State of Texas six. 

4. When vacancies happen in the representation 
from any State, the Executive authority thereof shall 
issue writ- of election to fill such vacancies. 

5. The House ol Representatives shall choose their 
Speaker and other officers; and shall have the sole 



power of impeachment ; except that any Judicial or 
other Federal officer, resident and acting solely within 

the limits of any State, may be impeached by a vote 
of two-thirds of both branches of the Legislature 
thereof. 

Section 3. I. The Senate of the Confederate States 
shall be composed of two Senators from each Slate, 
chosen for six years by the Legislature thereof, at the 
regular session next immediately preceding the com- 
mencement of the term of service ; and each Senator 
sh ill have one vote. 

2. Immediately after they shall be assembled, in 
consequence of the first election, they shall be di- 
vided as equally as may be into three classes. The 
seats of the Senators of the first class shall be vacated 
at the expiration of the second year; of the second 
class at the expiration of the fourth year; and of the 
third class at the expiration of the sixth year; so that 
one-third may be chosen every second year; and if 
vacancies happen by resignation, or otherwise, during 
the recess of the Legislature of any State, the Execu- 
tive thereof may make temporary appointments until 
the next meeting of the Legislature, which shall then 
fill such vacancies. 

3. No person shall be a Senator who shall not 
have attained the age of thirty years, ami he a citizen 
of the Confederate States; and who shall not, when 
elected, he an inhabitant of the State for which he 
shall be chosen. 

4. The Vice-President of the Confederate States 
shall be President of the Senate, but shall have no 
vote, unless they be equally divided. 

5. The Senate shall choose their other officers ; 
and also a President pro tempore in the absence of the 
Vice-President, or when he shall exercise the office 
of President of the Confederate States. 

6. The Senate shall have the sole power to try all 
impeachments. When sitting for that purpose, they 
shall be on oatli or affirmation. When the President 
of the Confederate States is tried, the Chief-Justice 
shall preside; and no person shall be convicted with- 
out the concurrence of two-thirds of the members 
present. 

7. Judgment in cases of impeachment shall not ex- 
tend further than to removal from office, and dis- 
qualification to hold and enjoy any office of honor, 
trust or profit, under the Confederate States ; but the 
party convicted shall, nevertheless.be liable and sub- 
ject to indictment, trial, judgment and punishment 
according to law. 

Section 4. I. The times, place and manner of 
holding elections for Senators and Representatives, 
shall be prescribed in each Stale by the Legislature 
thereof, subject to the provisions of this Constitution ; 
but the Congress may, at any time, by law, make or 
alter such regulations, except as to the times and 
places of choosing Senators. 

2. The Congress shall assemble at least once in 
every year; and such meeting shall be on the first 
Monday in December, unless they shall, by law, ap- 
point a different day. 

Section 5. 1. Each House shall be the judge of 
the elections, returns and qualifications of its own 
members, and a majority of each shall constitute a 
quorum to do business; hut a smaller number may 
adjourn from day to day, and may be authorized to 
compel the attendance of absent members, in such 
manner and under such penalties as each House may 
provide. 

2. Each House may determine the rules 1 f its pro- 



APPENDIX M.— PERMANENT CONSTITUTION CONFEDERATE STATES. 



981 



ceedings, punish its members for disorderly behavior, 
and witii the concurrence of two-thirds of the whole 
number expel a member. 

3. Each House shall keep a Journal of its proceed- 
ings, and from time to time publish the same, except- 
ing such parts as may in their judgment require se- 
cresy; and the Yeas and Nays of the members of 
either House, on any question, shall, at the desire of 
one-fifth of those present, be entered on the Journal. 

4. Neither House, during the session of Congress, 
shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than 
that in which the two Houses shall be sitting. 

Section 6. I. The Senators and Representatives 
shall receive a compensation for their services, to be 
ascertained by Law, and paid out of the treasury of 
the Confederate Stales. They shall, in all cases, ex- 
cept treason, felony, and breach of the peace, be 
privileged from arrest during their attendance at the 
session of their respective Houses, and in going to 
and returning from the same; and for any speech or 
debate in either House, they shall not be questioned 
in any other place. 

2. No Senator or Representative shall, during 
the time for which he was elected, be appointed to 
any civil office under the authority of the Confederate 
States, which shall have been created, or the emolu- 
ments whereof shall have been increased during such 
time ; and no person holding any office under the 
Confederate States shall be a member of either House 
during his continuance in office. But Congress may, 
by law, grant to the principal officer in each of the 
Executive Departments a seat upon the floor of either 
House, with the privilege of discussing any measures 
appertaining to his Department. 

Section 7. 1. All bills for raising the revenue shall 
originate in the House of Representatives ; but the 
Senate may propose ov concur with amendments, as 
on other bills. 

2. Every bill which shall have passed both Houses, 
shall, before it becomes a law, be presented to the 
President of the Confederate States; if he approve, 
he shall sign it; but if not, he shall return it, with 
his objections, to that House in which it shall have 
originated, who shall enter the objections at large on 
their Journal, and proceed to reconsider it. If, after 
such reconsideration, two-thirds of that House shall 
agree to pass the bill, it shall be sent, together with 
the objections, to the other House, by which it shall 
likewise be reconsidered, and if approved by two- 
thirds of that House, it shall become a law. But in 
all such cases, the votes of both Houses shall be de- 
termined by yeas and nays, and the names of the 
persons voting for and against the bill shall be en- 
tered on the Journal of each House respectively. If 
any bill shall not be returned by the President within 
ten days (Sundays excepted) after it shall have been 
presented to him, the same shall be a law, in like 
manner as if he had signed it, unless the Congress, 
by their adjournment, prevent its return ; in which 
case it shall not be a law. The President may ap- 
prove any appropriation and disapprove any other ap- 
propriation in the same bill. In such case he shall, 
in signing the bill, designate the appropriations dis- 
approved ; and shall return a copy of such appropria- 
tions, with his objections, to the House in which the 
bill shall have originated; and the same proceedings 
shall then be had as in the case of other bills dis- 
approved by the President. 

3. Every order, resolution or vote, to which the con- 



currence of both Houses may be necessary (except 
on a question of adjournment), shall be presented to 
the President of the Confederate States ; and before 
the same shall take effect, shall be approved by him; 
or being disapproved, shall be re-passed by two-thirds 
of both Houses, according to the rules and limitations 
prescribed in case of a bill. 

Section 8. The Congress shall have power — 

1. To lay and collect taxes, duties, imposts, and 
excises, for revenue necessary to pay the debts, pro- 
vide for the common defence, and carry on the Gov- 
ernment of the Confederate States; but no boun- 
ties shall be granted from the treasury ; nor shall 
any duties or taxes on importations from foreign 
nations be laid to promote or foster any branch of 
industry ; and all duties, imposts, and excises shall 
be uniform throughout the Confederate States : 

2. To borrow money on the credit of the Confed- 
erate States: 

3. To regulate commerce with foreign nations, 
and among the several States, and with the Indian 
tribes ; but neither this, nor any other clause con- 
tained in the Constitution, shall ever be construed to 
delegate the power to Congress to appropriate money 
for any internal improvement intended to facilitate 
commerce ; except for the purpose of furnishing 
lights, beacons, and buoys, and other aid to naviga- 
tion upon the coasts, and the improvement of harbors 
and the removing of obstructions in river navigation, 
in all which cases, such duties shall be laid on the 
navigation facilitated thereby, as may be necessary to 
pay the costs and expenses thereof : 

4. To establish uniform laws of Naturalization, 
and uniform laws on the subject of Bankruptcies, 
throughout the Confederate States ; but no law of 
Congress shall discharge any debt contracted before 
the passage of the same : 

5. To coin money, regulate the value thereof and 
of foreign coin, and fix the standard of weights and 
measures : 

6. To provide for the punishment of counterfeiting 
the securities and current coin of the Confederate 
States : 

7. To establish post-offices and post-routes ; but 
the expenses of the Post-office Department, after the 
first day of March in the year of our Lord eighteen 
hundred and sixty-three, shall be paid out of its own 
revenues : 

8. To promote the progress of science and useful 
arts, by securing for limited times to authors and in- 
ventors the exclusive right to their respective writings 
and discoveries : 

9. To constitute Tribunals inferior to the Supreme 
Court : 

10. To define and punish piracies and felonies 
committed on the high seas, and offences against the 
law of nations : 

11. To declare war, grant letters of marque and 
reprisal, and make rules concerning captures on land 
and on water : 

12. To raise and support armies; but no appropri- 
ation of money to that use shall be for a longer term 
than two years : 

13. To provide and maintain a navy: 

14. To make rules for the government and regula- 
tion of the land and naval forces : 

15. To provide for calling forth the Militia to exe- 
cute the laws of the Confederate States, suppress In- 
surrections, and repel Invasions: 

16. To provide for organizing, arming, and disci- 



9 S: 



AFI'EXDIX M.— PERMANENT CONSTITUTION CONFEDERATE STATES. 



plining the militia, and for governing such part of 
them as may be employed in the service of the Con- 
federate States; reserving to the State-, respectively, 
the appointment of the officers, and the authority of 
training the militia according to the discipline pre- 
scribed by Congress: 

17. To exercise exclusive legislation, in all cases 
whatsoever, over such district (not exceeding ten 
miles square) as may, by cession of one or more 
States and the acceptance of Congress, become the 
Seat of the Government of the Confederate States ; 
and to exercise like authority over places purchased 
by the consent of the Legislature of the State in 
which the same shall be, for the erection of forts, 
magazines, arsenals, dockyards, and other needful 
buildings: and 

18. To make all laws which shall be necessary and 
proper for carrying into execution the foregoing 
powers, and all other powers vested by this Constitu- 
tion in the Government of the Confederate States, or 
in any Department or Officer thereof. 

Section 9. 1. The importation of negroes of the 
African race, from any foreign country other than the 
slaveholding States or Territories of the United 
States of America, is hereby forbidden; and Con- 
gress i, required to pass such laws as shall effectually 
prevent the same. 

2. Congress shall also have power to prohibit the 
introduction of slaves from any State not a member 
of, or Territory not belonging to, this Confederacy. 

3. The Privilege of the Writ of Habeas Corpus 
shall not be suspended, unless when in case of Re- 
bellion or Invasion the public safety may require it. 

4. No Hill of Attainder, ex post facto law, or law 
denying or impairing the right of property in negro 
slaves shall be passed. 

5. No Capitation or other direct tax shall be laid, 
unless in proportion to the census or enumeration 
hereinbefore directed to be taken. 

6. No tax or duty shall be laid on articles exported 
from any State, except by a vote of two-thirds of both 
1 louses. 

7. No preference shall be given by any regulation 
of commerce or revenue to the ports of one State 
over those of another. 

8. No money shall be drawn from the treasury, but 
in consequence of appropriations made by law; ami 
a regular statement and account of the receipts and 
expenditures oi all public money shall be published 
from time to time. 

9. Congress shall appropriate no money from the 
treasury except by a vote of two-thirds <>f both 
Houses, taken by Yeas and Nays, unless it be asked 
and estimated for by some one of the Heads r>l De- 
partments, and submitted to Congress by the Presi- 
dent ; or for the purpose of paying its own expenses 
and contingencies; or for the payment of claims 
against the Confederate States, the justice of which 

shall have been judicially declared by a tribunal for the 
investigation of claims against the ( rovernment, which 
it is hereby made the duty of Congress to establish. 

10. All bills appropriating! money shall specify in 
Federal currency the exact amount of each appropri- 
ation and the purposes for which it is made; and 
Congress shall grant no extra compensation to any 
public contractor, officer, agent or servant, after such 
contract shall have been made or such service ren- 
dered. 

11. No title of nobility shall be granted by the 
Confederate Stales ; and no person holding any office 



of profit or trust under them, shall, without the con- 
sent of the Congress, accept of any present, emolu- 
ment, office or title of any kind whatever, from any 
King, Prince, or foreign State. 

12. Congress shall make no law respecting an 
establishment of religion, or prohibiting the fixe 
exercise thereof; or abridging the freedom of speech, 
or of the press; or the ri^ht of the people peaceably 
to assemble and petition the Government for a redress 
of grievances. 

13. A well-regulated militia being necessary to the 
security of a free State, the right of the people to 
keep and bear arms shall not be infringed. 

14. No soldier shall, in lime of peace, be quartered 
in any house without the consent of the owner; nor 
in time of war, but in a manner to be prescribed by 
law. 

15. The right of the people to be secure in their 
persons, houses, papers and effects, against unreason 
able searches and seizures, shall mil be violated ; and 
no warrants shall issue but upon probable cause, 
supported by oath or affirmation, and particularly 
describing the place to be searched, ar.d the persons 
or things to be seized. 

16. No person shall be held to answer for a capital 
or otherwise infamous crime, unless on a presentment 
or indictment of a Grand Jury, except in cases arising 
in the land or naval forces, or in the militia, when in 
actual service in time of war or public danger; nor 
shall any person be subject for the same offence to be 
put twice in jeopardy of life or limb ; nor be com- 
pelled, in any criminal case, to be a witness against 
himself; nor be deprived of life, liberty, or property, 
without due process of law; nor shall private prop- 
erty be taken for public use, without just compensa- 
tion. 

17. In all criminal prosecutions, the accused shall 
enjoy the right to a speedy and public trial, by an 
impartial jury of the State and district wherein the 
crime shall have been committed, which district shall 
have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation ; 
to be confronted with the witnesses against him; to 
have compulsory process for obtaining witnesses in 
his favor ; and to have the assistance of counsel for 
his defence. 

18 In suits at common law, where the value in 
controversy shall exceed twenty dollars, the right of 
trial by fury shall be pit-served ; and no tact so tried 
by a jury shall be otherwise re examined in any < lourl 
of the Confederacy, than according to the rules of 
the common law. 

19. Excessive bail shall not be required, nor ex- 
cessive lines imposed, nor cruel and unusual punish- 
ment inflicted. 

20. Every law, or resolution having the force of 
law, sh.dl relate to but one subject, and that shall be 
expressed in the title. 

Section IO. 1. No State shall enter into any treaty, 
alliance, or Confederation ; grant letters of marque 
and reprisal; coin money; make anything I Ut gold 
and silver coin a tender in payment of debts; pass 
any bill of attainder, or ex fast facto law, or law im- 
pairing the obligation of contracts; or grant any title 
of nobility. 

2. No State shall, without the consent of the Con- 
gress, lay any imposts or duties on imports or exports, 
except what may be absolutely necessary for exe- 
cuting its inspection laws ; and the net produce of all 
duties and imposts, laid by any State on imports or 



APPENDIX M— PERMANENT CONSTITUTION CONFEDERATE STATES. 



93; 



exports, shall be fur the use of the treasury of the 
Confederate States, anil all such laws shall be subject 
to the revision and contiol of Congress. 

3. No Slate shall, without the consent of Congress, 
lay any duty on tonnage, except on sea-going vessels, 
for the improvement of its rivers and harbors navi- 
gated by the said vessels; but such duties shall not 
conflict with any treaties of the Confederate States 
with foreign nations; and any surplus revenue thus 
derived, shall, after making such improvement, be 
paid into the common treasury. Nor shall any State 
keep troops or ships of war in time of peace, enter 
into any agreement or compact with another State, or 
with a foreign power, or engage in war, unless actu- 
ally invaded, or in such imminent danger as will not 
admit of delay. But when any river divides or flows 
through two or more States, they may enter into com- 
pacts with each other to improve the navigation 
thereof. 

Article II. 

Secliim I. I. The Executive power shall be vested 
in a President of the Confederate States of America. 
He and the Vice-President shall hold their offices for 
the term of six years; but the President shall not be 
re-eligible. The President and Vice-President shall 
be elected as follows : 

2. Each State shall appoint, in such manner as the 
Legislature thereof may direct, a number of electors 
equal to the whole number of Senators and Repre- 
sentatives to which the State may be entitled in the 
Congress ; but no Senator or Representative, or per- 
son holding an office of trust or profit under the Con- 
federate States, shall be appointed an elector. 

3. The Electors shall meet in their respective 
States and vote by ballot for President and Vice- 
President, one of whom, at least, shall not be an in- 
habitant of the same State with themselves ; they shall 
name in their ballots the person voted for as Presi- 
dent, and in distinct ballots the person voted for as 
Vice-President, and they shall make distinct lists of 
all persons voted for as President, and of all persons 
voted for as Vice-President, and of the number of 
votes for each, which lists they shall sign and certify, 
and transmit, sealed, to the Seat of the Government 
of the Confederate States, directed to the President 
of the Senate; the President of the Senate shall, in 
the presence of the Senate and House of Representa- 
tives, open all the certificates, and the votes shall then 
be counted ; the person having the greatest number 
of votes for President shall be the President, if such 
number be a majority of the whole number of electors 
appointed; and if no person have such majority, then, 
from the persons having the highest numbers, not ex- 
ceeding three, on the list of those voted for as Presi- 
dent, the House of Representatives shall choose im- 
mediately, by ballot, the President. But in choosing 
the President, the votes shall be taken by States — the 
representation from each State having one vote. A 
quorum for this purpose shall consist of a member or 
members from two-thirds of the States, and a majority 
of all the States shall be necessary to a choice. And 
if the House of Representatives shall not choose a 
President, whenever the right of choice shall devolve 
upon them, before the fourth day of March next fol- 
lowing, then the Vice-President shall act as Presi- 
dent, as in cose of the death, or other constitutional 
disability of the President 

4. The person having the greatest number of votes 
as Vice-President, shall be the Vice-President, if such 



number be a majority of the whole number of electors 
appointed ; and if no person have a majority, then, 
from the two highest numbers on the list, the Senate 
shall choose the Vice-President. A quorum for the 
purpose shall consist of two-thirds of the whole num- 
ber of Senators, and a majority of the whole number 
shall lie necessary to a choice. 

5. But no person constitutionally ineligible to the 
office of President shall be eligible to that of Vice- 
President of the Confederate States. 

6. The Congress may determine the time of choos- 
ing the electors, and the day on which they shall give 
their votes ; which day shall be the same throughout 
the Confederate Slates. 

7. No person except a natural born citizen of the 
Confederate States, or a citizen thereof at the time of 
the adoption of this Constitution, or a citizen. thereof, 
born in the United States prior to the 20th of Decem- 
ber, i860, shall be eligible to the office of President; 
neither shall any person be eligible to that office who 
shall not have attained the age of thirty-five years, 
and been fourteen years a resident within the limits 
of the Confederate States, as they may exist at the 
time of his election. 

8. In case of the removal of the President from 
office, or of his death, resignation, or inability to dis- 
charge the powers and duties of the said office, the 
same shall devolve on the Vice-President ; and the 
Congress may, by law, provide for the case of re- 
moval, death, resignation, or inability, both of the 
President and Vice-President, declaring what officer 
shall then act as President ; and such officer shall act 
accordingly, until the disability be removed or a 
President shall be elected. 

9. The President shall, at stated times, receive for 
his services a compensation, which shall neither be 
increased nor diminished during the period for which 
he shall have been elected; and he shall not receive 
within that period any other emolument from the 
Confederate States, or any of them. 

10. Before he enters on the execution of his office, 
he shall take the following oath or affirmation : 

" I do solemnly swear (or affirm) that I will faith- 
fully execute the office of President of the Confed- 
erate States of America, and will, to the best of my 
ability, preserve, protect, and defend the Constitution 
thereof." 

Sec/ion 2. I. The President shall be Commander- 
in-Chief of the Army and Navy of the Confederate 
States, and of the Militia of the several States, when 
called into the actual service of the Confederate 
States; he may require the opinion, in writing, of the 
principal officer in each of the Executive Depart- 
ments, upon any subject relating to the duties of their 
respective offices; and he shall have power to grant 
reprieves and pardons for offences against the Con- 
federacy, except in cases of impeachment. 

2. He shall have power, by and with the advice 
and consent of the Senate, to make treaties ; provided 
two-thirds of the Senators present concur: and he 
shall nominate, and by and with the advice and con- 
sent of the Senate, shall appoint ambassadors, other 
public ministers and consuls, Judges of the Supreme 
Court, and all other officers of the Confederates Stales 
whose appointments are not herein otherwise provided 
for, and which shall be established by law. Put the 
Congress may, by law, vest the appointment of Mich 
inferior officers, as they think proper, in the President 
alone, in the Courts of law, or in the Heads of De- 
partment. 



9 8 4 



APPENDIX M.— PERMANENT CONSTITUTION CONFEDERATE STATES. 



3. The principal officer in each of the Executive 
Departments, and all persons connected with the 
diplomatic service, may he removed from office at 
the pleasure of the President. All other civil officers 
of the Executive Departments maybe removed at 
anytime by the President, or other appointing power, 
when their services are unnecessary, or for dishonesty, 
incapacity, inefficiency, misconduct or neglect of 
duty; and when so removed, the removal shall be 
reported to the Senate, together with the reasons 
therefor. 

4. The President shall have power to fill all vacan- 
cies that may happen during the recess of the Senate, 
l>v granting commissions which shall expire at the 
end of their next session; but no person rejected by 
the Senate shall be reappointed to the same office 
during their ensuing recess. 

Section 3. 1. The President shall, from time to 
time, give to the Congress information of the state of 
the Confederacy, and recommend to their considera- 
tion such measures as he shall judge necessary and 
expedient ; he may, on extraordinary occasions, con- 
vene both House, or either of them ; and in case of 
disagreement between them, with respect to the time 
of adjournment, he may adjourn them to such time as 
he shall think proper; he shall receive ambassadors 
and other public ministers; he shall take care that 
the laws be faithfully executed, and shall commission 
all the officers of the Confederate States. 

Section 4. 1. The President, Vice-President, and 
all Civil Officers of the Confederate States, shail be 
removed from office on impeachment for, and con- 
viction of, treason, bribery, or other high crimes and 
misdemeanors. 

Articlk III. 

Section I. I. The Judicial power of the Confeder- 
ate States shall be vested in one Supreme Court, and 
in such Inferior Courts as the Congress may, from 
time to time, ordain and establish. The Judges, both 
of the Supreme and Inferior Courts, shall hold their 
offices during good behavior, and shall, at stated 
times, receive for their services a compensation which 
shail not be diminished during their continuance in 
office. 

Section 2. 1. The Judicial power shall extend to 
all cases arising under this Constitution, the laws of 
the Confederate States, and treaties made, or which 
shall be made, under their authority; to all cases 
affecting ambassadors, other public ministers and con- 
suls; to all cases of admiralty and maritime jurisdic- 
tion ; to controversies to which the Confederate States 
shall be a party; to controversies between two or 
mure Slates; between a State and citizen of another 
State, where the State is plaintiff; between citizens 
claiming lands under giants of different Stales; and 
between a State or the citizens thereof, and foreign 
States, citizens or subjects; but no State shall be sued 
by a citizen or subject of any foreign State. 

2. In all cases affecting ambassadors, other public 
ministers and consuls, and those in which a State 
shall be a party, the Supreme Court shall have original 

jurisdiction. In all the other cases before mentioned, 
the Supreme Court shall have appellate jurisdiction 
both as to law and fact, witli such exceptions and 
under such regulations as the Congress shall make. 

3. The trial of all crimes, except in cases of im- 
peachment, shall be by Jury, and such trial shall be 
held in the State where the said crimes shall have 
been committed ; but when not committed within any 



Slate, the trial shall be at such place or places as the 
Congress may by law have directed. 

Section 3. 1. Treason against the Confederate 
States shall consist only in levying war against them, 
or in adhering to their enemies, giving them aid and 
comfort. No person shall be convicted of treason 
unless on the testimony ol two witnesses to the same 
overt act, or on confession in open court. 

2. The Congress shall have power to declare the 
punishment of treason ; but no attainder of treason 
shall work corruption of blood, or forfeiture, except 
during the life of the person attainted. 

Article IV. 

Section 1. 1. Full faith and credit shall he given 
in each Stale to the public acts, records, and judicial 
proceedings of every other Stale. And the Congress 
may, by general laws, prescribe the manner in which 
such acts, records, and proceedings shall be proved, 
and the effect thereof. 

Section 2. 1. The citizens of each State shall be 
entitled to all the privileges and immunities of citi- 
zens in the several Stales, and shall have the right of 
transit and sojourn in any State of this Confederacy, 
with their slaves and other property; and the right of 
property in said slaves shall not be thereby impaired. 

2. A person charged in any State with treason, fel- 
ony, or other crime against the laws of such Stale, 
who shall flee from justice and be found in another 
State, shall, on demand of the Executive authority of 
the State from which he fled, be delivered up, to be 
removed to the State having jurisdiction of the crime. 

3. No slave or other person held to service or labor 
in any State or Territory of the Confederate States, 
under the laws thereof, escaping or lawfully carried 
into another, shall, in consequence of any law or reg- 
ulation therein, be discharged from such service ot 
labor; but shall be delivered up on claim of the party 
to whom such slave belongs, or to whom such service 
or labor may be due. 

Section 3. I. Other States may be admitted into 
this Confederacy by a vote of two-thirds of the whole 
I louse of Representatives and two-thirds of the Sen- 
ate, the Senate voting by States; but no new State 
shall be formed or erected within the Jurisdiction of 
any other State ; nor any State be formed by the junc- 
tion of two or more States, or parts of States, without 
the consent of the Legislatures of the States concern) d, 
as well as of the Congress. 

2. The Congress shall have power to dispose of 
and make all needful rulesand regulations concerning 
the property of the Confederate States, including the 
lands thereof. 

3. The Confederate Slates may acquire new terri- 
tory ; and Congress shall have power to legislate and 
provide Governments for the inhabitants of all terri- 
tory belonging to the Confederate Slates, lying with- 
out the limits of the several States; and may permit 
them, at such times, and in such 111. inner as it may by 
law provide, to form States to be admitted into the 
Confederacy. In all such territory, the Institution 
of Negro slavery, as it now exists in the Confederate 
States, shall be recognized and protected by Congress 
and by the Territorial Government : and the inhab 
itants of the several Confederate States and Terri- 
tories shall have the right to take to such Territory any 
slaves lawfully held by them in any of the Slates or 
Territories of the Confederate States. 

4. The Confederate States shall guaranty to every 
State that now is, or hereafter may become, a member 



APPENDIX M— PERMANENT CONSTITUTION CONFEDERATE STATES. 



985 



of this Confederacy, a Republican form of Govern- 
ment ; and shall protect each of them against inva- 
sion ; and on application of the Legislature (or of the 
Executive, when the Legislature is not in session) 
against domestic violence. 

Article V. 

Section I. I. Upon the demand of any three Stales, 
legally assembled in their several Conventions, the 
Congress shall summon a Convention of all the States, 
to take into consideration such amendments to the 
Constitution as the said States shall concur in suggest- 
ing at the time when the said demand is made ; and 
should any of the proposed amendments to the Con- 
stitution be agreed on by the said Convention — voting 
by States — and the same be ratified by the Legislatures 
of two-thirds of the several States, or by Conventions 
in two-thirds thereof — as the one or the other mode 
of ratification may he proposed by the general Con- 
vention — they shall thenceforward form a part of this 
Constitution. But no State shall, without its consent, 
be deprived of its equal Representation in the Senate. 

Article VI. 

1. The Government established by this Constitution 
is the successor of the Provisional Government of the 
Confederate States of America, and all the laws passed 
by the latter shall continue in force until the same shall 
be repealed or modified ; and all the officers appointed 
by the same shall remain in office until their succes- 
sors are appointed and qualified, or the offices abol- 
ished. 

2. All debts contracted and engagements entered 
into before the adoption of this Constitution shall be 
as valid against the Confederate States under this Con- 
stitution as under the Provisional Government. 

3. This Constitution, and the laws of the Confed- 
erate States made in pursuance thereof, and all treaties 
made or which shall be made under the authority of 
the Confederate States, shall be the supreme law of the 
land ; and the Judges in every State shall be bound 
thereby, anything in the Constitution or laws of any 
State to the contrary notwithstanding. 

4. The Senators and Representatives before men- 
tioned, and the members of the several State Legisla- 
tures, and all Executive and Judicial officers, both of 
the Confederate States and of the several States, shall 
be bound by oath or affirmation to support this Con- 
stitution ; but no religious test shall ever be required 
as a qualification to any office or public trust under 
the Confederate States. 

5. The enumeration, in the Constitution, of certain 
rights, shall not be construed to deny or disparage 
others retained by the people of the several States. 

6. The powers not delegated to the Confederate 
States by the Constitution, nor prohibited by it to the 
States, are reserved to the States, respectively, or to 
the people thereof. 

Article VII. 

1 . The Ratification of the Conventions of five States 
shall be sufficient for the Establishment of this Con- 
stitution between the States so ratifying the same. 

2. When five States shall have ratified ihis Consti- 
tution, in the manner before specified, the Congress 
under the Provisional Constitution shall prescribe the 
time for holding the election of President and Vice- 
President, and for the meeting of the Electoral Col- 
lege, and lor counting the votes, and inaugurating the 
President. They shall also prescribe the time for 



holding the first election of members of Congress 
under this Constitution, and the time for assembling 
the same. Until the assembling of such Congress, 
the Congress under the Provisional Constitution shall 
continue to exercise the Legislative powers granted 
them ; not extending beyond the time limited by the 
Constitution of the Provisional Government. 

Extract from the Journal of the Congress. 

Congress, March 11, 1861. 

On the question of the adoption of the Constitution 
of the Confederate States of America, the vote was 
taken by Yeas and Nays ; and the Constitution was 
unanimously adopted, as follows: 

Those who voted in the affirmative being Messrs. 
Walker, Smith, Curry, Hale, McRae, Shorter, and 
Fearn, of Alabama (Messrs. Chilton and Lewis being 
absent); Messrs. Morton, Anderson, and Owens, of 
Florida; Messrs. Toombs, Howell Cobb, Bartow. 
Nisbet, Hill, Wright, Thomas R. R. Cobb, and Ste- 
phens, of Georgia (Messrs. Cravvlord and Kenan being 
absent) ; Messrs. Perkins, de Clouet, Conrad, Kenner, 
Sparrow, and Marshall, of Louisiana ; Messrs. Harris, 
Brooke, Wilson, Clayton, Barry, and Harrison, of Mis- 
sissippi (Mr. Campbell being absent) ; Messrs. Rhett, 
Barnwell, Kcitt, Chesnut, Memminger, Miles, With- 
ers, and Boyce, of South Carolina; Messrs. Reagan, 
Hemphill, Waul, Gregg, Oldham, and Ochiltree, of 
Texas (Mr. Wigfall being absent). 

A true copy: J. J. Hooper, 

Secretary of the Congress. 

Congress, March 11, 1S61. 
I do hereby certify that the foregoing are, respect- 
ively, true and correct copies of " The Constitution 
of the Confederate States of America," unanimously 
adopted this day, and of the Yeas and Nays on the 
question of the adoption thereof. 

Howell Cobb, 
President of the Congress. 



APPENDIX N. 

Correspondence between the Confederate 
Commissioners and Mr. Secretary Seward, 
with Judge Campbell's Letters upon the 
Subject. 

Washington City, March 12, 1S61. 
Hon. Wm. II. Seward, Secretary of State of the 
United States : 

Sir: — The undersigned have been duly accredited 
by the Government of the Confederate States of 
America, as Commissioners to the Government of the 
United States, and in pursuance of their instructions 
have now the honor to acquaint you with that fact, and 
to make known, through you, to the President of the 
United States, the objects of their presence in this 
Capital. 

Seven States of the late Federal Union, having in 
the exercise of the inherent right of every free people 
to change or reform their Political Institutions, and 
through Conventions of their people, withdrawn from 
the United States and reassumed the attributes of 
Sovereign Power delegated to it, have formed a Gov- 
ernment of their own. The Confederate States con- 
stitute an Independent Nation, de facto and de jure, 
and possess a Government perfect in all its parts and 
endowed with all the means of self-support. 



9 36 



A PPEXDIX A '. — CORRESPOXDEXCE. 



AVith a view to a speedy adjustment of all questions 
growing oui of this political separation, upon such 
terms of amity and good-will as the respective inter- 
ests, geographical contiguity, and future welfare of 
the two Nations may render necessary, the under- 
signed are instructed to make to the Government ol 
the United States overtures for the opening of nego- 
tiation*, assuring the t rovernment of the United States 
that the President, Congress, and people of the Con- 
federate Stales, earnestly desire a peaceful solution 
of these greal questions; that it is neither their inter- 
est, nor their wish to in ike any demand which is not 
founded in strictest justice, nor do any act to injure 
their late Confederates. 

The undersigned have now the honor in obedience 
to the instructions of their Government, to request y >u 
to appoint as early a day as possible, in order that they 
may present to the President of the United States, the 
Credentials which they bear and the objects of the 
mission with which they are charged. 

We are, very respect! ully, your obedient servants, 

John Forsyth, 
Martin J. Crawford. 



memorandum. 

Department of State, 

Washington, March 15, 1S61. 

Mr. John Forsyth, of the State of Alabama, and 
Mr. Martin [. Crawford, of the State of Georgia, on 
the nth inst. , through the kind offices of a distin- 
guished Senator, submitted to the Secretary of State 
their desire for an unofficial interview. 

This request was, on the 12th inst., upon exclu- 
sively public considerations, respectfully declined. 

I )n the 13th inst., while the Secretary was pre- 
occupied, Mr. A. 1). Hanks, of Virginia, called at 
this Department, and was received by the Assistant- 
Secretary, to whom he delivered a sealed communi- 
cation, which he had been charged by Messrs. Forsyth 
and Crawford to present to the- Secretary in person. 

In that communication Messrs. Forsyth and Craw- 
ford inform the Secretary of Stale that they have been 
duly accredited by the < iovcrnnient of the Confederate 
States of America as Commissioners to the Govern- 
ment of the United States, and they set forth the 
objects of their attendance at Washington. They ob- 
serve that seven Slates of the American Union, in the 
exercise of a right inherent in every free people, have 
withdrawn, through Conventions of their people, 
from the United States, reassumed the attributes of 
Sovereign Power, and formed a Government of their 
own, and that those Confederate States now consti- 
tute an Independent Nation, de facto and de jure, 
and possess a Government perfect in all its parts, and 
fully endowed with all the means of self-support. 

Messrs. Forsyth and Crawford, in their aforesaid 
communication, thereupon proceeded to inform the 
Secretary that, with a view to a speedy adjustment of 
all questions growing out of the political separation 
thus assumed, upon such terms of amity and good- 
will as the respective interests, geographical con- 
tiguity, and the future welfare of the supposed two 
Nations might render necessary, they are instructed 
to make to the Government of the United Slates 
overtures for the opening of negotiations, assuring 
this Government thai the President, Congress and the 
people of the Confederate States earnestly desire a 



peaceful solution of these great questions, and that it 
is neither their interest nor their wish to make ai.y 
demand which is not founded in the strictest justice, 
nor do any act to injure their late confederates. 

Alter making these statements, Messrs. Forsyth and 
(raw lord close their communication, as ihev say, in 
obedience to the instructions of their Government, 
by requesting the Secretary of State to appoint as 
early a day as possible, in order that they may pre- 
sent 10 the President of the United States the creden- 
tials which they bear and the objects of the mission 
with which they are charged. 

The Secretary of Stale frankly confesses that he un- 
derstands the events which have recently occurred, 
and the condition of political affairs which actually 
exists in the part of the I nion to which his attention 
has thus been directed, very differently from the 
aspect in which they are presented by Messrs. Forsyth 
and Crawford. He sees in them, not a rightful and 
a-ccomplished revolution and an independent Nation, 
with an established Government, but rather a perver- 
sion of a temporary and partisan excitement to the 
inconsiderate purposes of an unjustifiable ami uncon- 
stitutional aggression upon the rights and the author- 
ity vested in the Federal Government, and hitherto 
benignly exercised, as from their very nature they 
always must so be exercised, for the maintenance of 
the Union, the preservation of liberty, and the security, 
peace, welfare, happiness, and aggrandizement of the 
American people. The Secretary of State, therefore, 
avows to Messrs. Forsyth and Crawford that he looks 
patiently but confidently for the cure of evils which 
have resulted from proceedings so unnecessary, so 
unwise, so unusual, and so unnatural, not to irregular 
negotiations, having in view new and untried rela- 
tions with agencies unknown to and acting in dero- 
gation of the Constitution and laws, but to regular 
and considerate action of the people of those Males, 
in co-operation with their brethren in the other States, 
through the Congre-s of the United Stales, and such 
extraordinary Conventions, if there shall be need 
thereof, as the Federal Constitution contemplates and 
authorizes to be assembled. 

It is, however, the purpose of the Secretary oi 
on this occasion, not to invite or engage in any dis- 
cussion of these subjects, but simply to set forth his 
reasons for declining to comply with the request of 
Messrs. Forsyth and Crawford. 

On the 4th of March inst., the then newdy-elected 
President of the United States, in view of all the 
facts bearing on the present question, assumed the 
Executive Administration of the Government, first 
delivering, in accordance with an early, honored 
custom, an Inaugural Address to the people of the 
United States. The Secretary of State respectfully 
submits a copy of this address to Messrs. Forsyth and 
Crawford. 

A simple reference to it will be sufficient to satisfy 
these gentlemen that the Secretary of State, guided 
by the principles therein announced, is prevented 
altogether from admitting or assuming that the States 
referred to by them have, in law or in fact, withdrawn 
from the federal Union, or that they could do so in 
the manner described by Messrs. Forsyth and Craw- 
ford, or in any other manner than with the consent 
and concert of the people of the United States, to be 
given through a National Convention, to be assem- 
bled in conformity with the provisions of the Consti- 
tution of the United Slates. ( )f course the Secretary 
of Slate cannot act upon the assumption, or in any 



APPENDIX X.— CORRESPONDENCE. 



987 



way admit that the so-called Confederate States con- 
stitute a foreign Power, with whom diplomatic rela- 
tions ought to be established. 

Under these circums'ances, the Secretary of Stale, 
whose official duties are confined, subject to the di- 
rection of the President, to the conducting of the 
foreign relations of the country, and do not at all 
embrace domestic questions, or questions arising be- 
tween the several States and the Federal Govern- 
ment, is unable to comply with the request of Messrs. 
Forsyth and Crawford, to appoint a day on which 
they may present the evidences of their authority and 
the objects of their visit to the President of the 
United States. On the contrary, he is obliged to 
state to Messrs. Forsyth and Crawford, that he has no 
authority, nor is he at liberty, to recognize them as 
diplomatic agents, or hold correspondence or other 
communication with them. 

Finally, the Secretary of State would observe that, 
although he has supposed that he might safely and 
with propriety have adopted these conclusions, with- 
out making any reference of the subject to the Execu- 
tive, yet, so strong has been his desire to practise 
entire directness, and to act in a spirit of perfect re- 
spect and candor towards Messrs. Forsyth and Craw- 
ford, and that portion of the people of the Union, in 
whose name they present themselves before him, 
that he has cheerfully submitted this paper to the 
President, who coincides generally in the views it 
expresses, and sanctions the Secretary's decision, 
declining official intercourse with Messrs. Forsyth and 
Crawford. 

Aprils, 1S61. 

The foregoing Memorandum was filed in this De- 
partment on the 15th of March last. A delivery of 
the same, however, to Messrs. Forsyth and Crawford 
was delayed, as was understood, with their consent. 
They have now, through their Secretary, communi- 
cated their desire for a definite disposition of the sub- 
ject. The Secretary of State therefore directs that 
a duly verified copy of the paper be now delivered. 

A true copy of the original, delivered to me by 
Mr. F. W. Seward, Assistant Secretary of State of 
the United States, on April 8, 1861, at 2.15 P. M., in 
blank envelope. 

Attest. J. T. Pickett, 

Secretary to the Commissioners. 

The Commissioners in Reply to Mr. Seward, 
Accusing the Government of Deception, and 
Accepting a Solution by the Sword. 

Washington, April 9, 1861. 

Hon. Wm. H. Seward, Secretary of State of the 

United States, Washington : 

The " Memorandum" dated Department of State, 
Washington, March 15, 1S61, with postscript under 
date of 8th inst., has been received through the hands 
i>f Mr. J. T. Pickett, Secretary to this Commission, 
who, by the instructions of the undersigned, called for 
it on yesterday, at the Department. 

In that Memorandum you correctly slate the pur- 
port of the official note addressed t>> you by the un- 
dersigned on the 12th ultimo. Without repeating 
the contents of that note in full, it is enough to say 
here that its object was to invite the Government of 
the United States to a friendly consideration of the 
relations between the United States and the seven 



States lately of the Federal Union, but now separated 
from it by the Sovereign Will of their People, grow- 
ing out of the pregnant and undeniable fact that those 
people have rejected the aurhority of the United 
States, and established a Government of their own. 
Those relations had to be frienuiy or hostile. The 
people of the old and new Governments, occupying 
contiguous territories, had to stand to each other in 
the relation of good neighbors, each seeking their 
happiness and pursuing their National destinies in 
their own way, without interference with the other, 
or they had to be rival and hostile Nations. The 
Government of the Confederate States had no hesi- 
tation in electing its choice in this alternative. 
Frankly and unreservedly, seeking the good of the 
people who had intrusted them with power, in the 
spirit of humanity, of the Christian civilization of l lie 
age, and of that Americanism which regards the true 
welfare and happiness of the people, the Govern- 
ment of the Confederate States, among its first acts, 
commissioned the undersigned lo approach ihe Gov- 
ernment of t. e United States with the Olive Branch 
of Peace, and to offer to adjust the great questions 
pending between them in the only way to be justified 
by the consciences and common-sense of good men 
who had nothing but the welfare of the people of the 
two Confederacies at heart. 

Your Government has not chosen to meet the 
undersigned in the conciliatory and peaceful spirit in 
which they are commissioned. Persistently wedded 
to those fatal theories of construction of the Federal 
Constitution alwavs rejected by the statesmen of the 
South, and adhered to by those of the Administration 
school, until they have produced their natural and 
often predicted result of the destruction of the Union, 
under which we might have continued to live hap- 
pily and gloriously together, had the spirit of the 
ancestry who framed the common Constitution ani- 
mated the hearts of all their sons, you now, with a 
persistence untaught and uncured by the ruin which 
has been wrought, refuse to recognize the great fact 
presented to you of a completed and successful Revo- 
lution ; you close your eyes to the existence of the 
Government founded upon it, and ignore the high 
duties of moderation and humanity which attach to 
you in dealing with this great fact. Had you met 
these issues with the frankness and manliness with 
which the undersigned were instructed to present 
them to you and treat them, the undersigned had not 
now the melancholy duty to return home and tell 
their Government and iheir countrymen that their 
earnest and ceaseless efforts in behalf of peace had 
been futile, and that the Government of ihe United 
Slates meant to subjugate them by force of arms. 
Whatever may be the result, impartial history will 
record the innocence of the Government of the 
Confederate States, and place the responsibility of ihe 
blood and mourning that may ensue upon those who 
have denied ihe great fundamental doctrine of 
American Liberty, that " Governments derive their 
just powers from the consent of the governed," and 
who have set naval and land armaments in motion 
to subject the people of one portion of this land to 
the will of another portion. That that can never be 
done while a freeman survives in the Confederate 
States to wield a weapon, the undersigned appeal to 
past history to prove. These military demonstrations 
against the people of the Seceded States are certainly 
far from being in keeping and consistency with the 
theory of the Secretary of Stale, maintained in his 



983 



A PPENDIX N.— CORRESPONDENCE. 



Memorandum, that these States are still component 
parts of the late American Union, as the undersigned 

are not aware of any constitutional power in the 
President of the United States to levy war, without 
the consent of Congress, upon a foreign People, much 
less upon any portion of the People of the United 
States. 

The undersigned, like the Secretary of State, have 
no purpose to "invite or engage in discussion" of 
the suhject on which their two Governments are so 
irreconcilably at variance. It is this variance that 
has broken up the old Union, the disintegration of 
which has only begun. It is proper, however, to 
advise you that it were well to dismiss the hopes you 
seem to entertain that, by any of the modes indicated, 
the people of the Confederate Sates will ever be 
brought to submit to the- authority of the Government 
of the United States. You are dealing with delu- 
sions, too, « hen you seek to separate our people from 
our Government, and to characterize the deliberate, 
Sovereign act ol that People as a "perversion of a 
temporary ami partisan excitement." It you cherish 
these dreams you will he awakened from them and 
find them as unreal and unsubstantial as others in 
which you have recently indulged. The undersigned 
would omit the performance of an obvious duty were 
they to fail to make known to the Government of the 
United States that the people of the Confederate 
Slates have declared their Independence with a full 
knowledge of all the responsibilities of that act, and 
with as firm a determination to maintain it by all the 
means with which nature has endowed them as that 
which sustained their bathers when they threw off the 
authority of the british Crown. 

The undersigned clearly understand that you have 
declined to appoint a day to enable them to lav the 
oojecls of the mission with which they are charged 
before the President of the United States, because so 
to do would be to recognize the Independence and 
separate Nationality of the Confederate States. This 
is the vein of thought that pervades the Memorandum 
before us. The tiulh of history requires that it 
should distinctly appear upon the record that the 
undersigned did not ask the Government of the 
United States to recognize the Independence of the 
Confederate States. They only asked audience to 
ad|iist, in a spirit of amity and peace, the new rela- 
tions springing from a manifest and accomplished 
revolution in the Government of the late Federal 
Union. Your refusal to entertain these overtures tor 
a peaceful solution, the active naval and military 
preparations of this Government, and a formal notice 
to the Commanding General of the Confederate 
forces in the harbor of Charleston that the President 
intends to provision Port Sumter by forcible means, 
if necessary, are viewed by (he undersigned, and can 
only be received by the world, a- a declaration of war 
against the Confederate States; for the President of 
lie I nited States knows thai Fort Sumter cannot be 
provisioned without the effusion of blood. The un- 
dersigned, in behalf of their Government and people, 
accept the gage of battle thus thrown down to them ; 
and, appealing to God and the judgment of mankind 
for the righteousness of their cause, the people of the 
Confederate States will defend their liberties to the 
la^t against this flagrant and open attempt at their 
subjugation to sectional power. 

1 his communication cannot be properly closed 
without adverting to the date of your Memorandum. 
The official note of the undersigned, on the 1 2th of 



March, was delivered to the Assistant Secretary of 
State on the 13th of that month, the gentleman who 
delivered it informing him that the Secretary of this 
Commission would call at twelve o'clock, noon, on 
the next day, for an answer. At the appointed hour 
Mr. Pickett did call, and was informed by the Assist- 
ant Secretary of State that the engagements of the 
Secretary of State had prevented him from giving the 
note his attention. The Assistant Secretary of State 
then asked for the address of Messrs. Crawford and 
Forsyth, the members of the Commission then present 
in this city, took note of the address on a card, and 
engaged to send whatever reply might be made to 
their lodgings. Why this was not done it is proper 
should be here explained. The Memorandum is 
dated March 15th, and was not delivered until April 
Sth. Why was it withheld during the intervening 
twenty-three days ? In the postscript to your Memor- 
andum you say it "was delayed, as was understood, 
with their (Messrs. Forsyth and Crawford's) con- 
sent." This is true ; but it is also true that on the 
15th of March, Messrs. Forsyth and Crawford were 
assured by a person occupying a high official position 
in the Government, and who, as they believed, was 
speaking by authority, that P'ort Sumter would be 
evacuated within a very few days, and that no measure 
changing the existing status prejudicially to the Con- 
federate States, as respects Fort Pickens, was then 
contemplated, and these assurances were subsequent y 
repeated, with the addition that any contemplated 
change as respects Pickens would be notified to us. 
On the 1st of April we were again informed that 
there might be an attempt to supply Fort Sumter with 
provisions, but that Governor Pickens should have 
previous notice of this attempt. There was no sug- 
gestion of any reinforcement. The undersigned did 
not hesitate to believe that these assurances expressed 
the intentions of the Administration at the time, or at 
all events of prominent members of that Administra- 
tion. This delay was assented to for the express pur- 
pose of attaining the great end of the mission of the 
undersigned, to wit: — A pacific solution of existing 
complications. The inference deducihle from the 
dale of your Memorandum, that the undersigned 
had, of their own volition and without cause, con- 
sented to this long hiatus in the grave duties with 
which they were charged, is therefore not consistent 
with a just exposition of the facts of the case. The 
intervening twenty-three days were employed in active 
unofficial efforts, the object of which was to smooth 
the path to a pacific solution, the distinguished per- 
sonage alluded to co-operating with the undersigned, 
and every step of that effort is recorded in writing, 
and now in possession of the undersigned and of their 
Government. It was only when all those anxious 
efforts for peace had been exhausted, and it became 
clear that Mr. Lincoln had determined to appeal to 
the -word to reduce the people of the Confederate 
States to the will of the section or parly whose 
President he is, that the undersigned resumed the 
official negotiation temporarily suspended, and sent 
their Secretary for a reply to their official note of 
March 12th. 

It is proper to add that, during these twenty- 
three days, two gentlemen of official distinction as 
high as that of the personage hitherto alluded to, 
aided the undersigned as intermediaries in these un- 
official negotiations for peace. 

The undersigned, Commissioners of the Confeder- 
ate States of America, having thus made answer to 



APPENDIX X.— CORRESPONDENCE. 



989 



all they deem material in the Memorandum filed in 
the Department on the 15th of March last, have the 
honor to be, 

John Forsyth, 
Martin J. Crawford, 
A. B. Roman. 

A true copy of the original, delivered to Mr. F. W. 
Seward, Assistant Secretary of Slate of the United 
States, at eight o'clock in the evening of April 9th, 
1861. 

Attest, J. T. PICKET, Secretary, etc., etc. 

Mr. Seward, in Reply to the Commissioners, 
Acknowledges the Receipt of their Letter, 
but Declines to Answer it. 

Department of State, | 
Washington, April 10, 1861. j 

Messrs. Forsyth, Crawford and Roman having been 
apprised by a memorandum, which has been deliv- 
ered to them, that the Secretary of State is not at 
liberty to hold official intercourse with them, will, it 
is presumed, expect no notice from him of the new 
communication which they have addressed to him 
under date of the 9th inst., beyond the simple ac 
knowledgment of the receipt thereof, which he hereby 
very cheerfully gives. 

A true copy of the original received by the Com- 
missioners of the Confederate States, this 10th day of 
April, 1861. 

Attest, J. T. Picket. Secretary, etc., etc. 

Letters of Judge Campbell to Mr. Seward 

Washington City, "l 
Saturday, April 13, 1 86 1. J 

Sir: On the 15th of March, ultimo, I left with 
Judge Crawford, one of the Commissioners of the 
Confederate States, a note in writing to the effect fol- 
lowing : 

" I feel entire confidence that Fort Sumter will be 
evacuated in the next ten days. And this measure is 
felt as imposing great responsibility on the Adminis- 
tration. 

" I feel entire confidence that no mensure changing 
the existing status prejudicially to the Southern Con- 
federate States, is at present contemplated. 

" I feel an entire confidence that an immediate de- 
mand for an answer to the Communication of the 
Commissioners will be productive of evil and not of 
good. I do not believe that it ought, at this time, to 
be pressed." 

The substance of this statement I communicated to 
you the same evening by letter. Five days elapsed 
and I called with a telegram from General Beaure- 
gard to the effect that Sumter was not evacuated, but 
that Major Anderson was at work making repairs. 

The next day, after conversing with you, I com- 
municated to Judge Crawford, in writing, that the 
failure to evacuate Sumter was not the result of bad 
faith, but was attributable to causes consistent with 
the intention to fulfil the engagement, and that, as 
regarded Pickens, I .should have notice of any design 
to alter the existing status there. Mr. Justice Nelson 
was present at these conversations, three in number, 
and I submitted to him each of my written communi- 
cations to Judge Crawford, and informed Judge Craw- 
ford that they had his (Ju !ge Nelson's) sanction. I 



gave you, on the 22d of March, a substantial copy of 
the statement I had made on the 15th. 

The 30th of March arrived, and at that time a tele- 
gram came from Governor Pickens inquiring concern- 
ing Colonel Lamon, whose visit to Charleston he sup- 
posed had a connection with the proposed evacuation 
of Fort Sumter. I left that with you, and was to have 
an answer the following Monday (ist of April). On 
the 1st of April I received from you the statement in 
writing : " I am satisfied the Government will not un- 
dertake to supply Fort Sumter without giving notice 
to Governor P." The words, "I am satisfied," were 
for me to use as expressive of confidence in the re- 
mainder of the declaration. 

The proposition as originally prepared was, " The 
President may desire to supply Sumter, but will not 
do so," etc., and your verbal explanation was that you 
did not believe any such attempt would be made, and 
that there was no design to reinforce Sumter. 

There was a departure here from the pledges of the 
previous month, but, with the verbal explanation, I 
did not consider it a matter then to complain of. I 
simply stated to you that I had that assurance pre- 
viously. 

On the 7th of April I addressed you a letter on the 
subject of the alarm that the preparations by the Gov- 
ernment had created, and asked you if the assurances 
I had given were well or ill-founded. In respect to 
Sumter your reply was, " Faith as to Sumter fully kept 
— wail and see." In the morning's paper I read, 
"An authorized messenger from President Lincoln 
informed Governor Pickens and General Beauregard 
that provisions will be sent to Fort Sumter — peace- 
ably, or otherwise by force." This was the 8th of 
April, at Charleston, the day following your last as- 
surance, and is the last evidence of the full faith I 
was invited to wait for and see. In the same paper I 
read that intercepted dispatches disclosed the fact 
that Mr. Fox, who had been allowed to visit Major 
Anderson, on the pledge that his purpose was pacific, 
employed his opportunity to devise a plan for supply- 
ing the fort by force, and that this pi in had been 
adopted by the Washington Government, and was in 
process of executicn. My recollection of the date of 
Mr. Fox's visit carries it to a day in March. I learn 
he is a near connection of a member of the Cabinet. 
My connection with the Commissioners and yourself 
was superinduced by a conversation with Justice Nel- 
son. He informed me of your strong disposition in 
favor of peace, and that you were oppressed with a 
demand of the Commissioners of the Confederate 
States for a reply to their first letter, and that you de- 
sired to avoid it if possible at that time. 

I told him I might, perhaps, be of some service in 
arranging the difficulty. I came to your office en- 
tirely at his request, and without the knowledge of 
either of the Commissioners. Your depression was 
obvious to both Judge Nelson and myself. I was 
gratified at the character of the counsels you were de- 
sirous of pursuing, and much impressed with your 
observation that a civil war might be prevented by the 
success- of my mediation. You read a letter of Mr. 
Weed, to show how irksome and responsible the 
withdrawal of troops from Sumter was. A portion of 
my communication to Judge Crawford on the 15th 
March, was founded upon these remarks, and the 
pledge to evacuate Sumter is less forcible than the 
words you employed. Those words were : Before 
this letter reaches you (a proposed letter by me to 
President Davis), Sumter will have been evacuated. 



99Q 



APPEXDIX O.— REMINISCENCES OF ALEXANDER II. STEPHENS. 



The Commissioners who received those communi- 
cations conclude they have been abused and over- 
reached. The Montgomery Government hold the 
same opinion. The Commissioners hfvc supposed 
that my communications were with you, and u|>on the 
hypothesis were prepared to arraign you before the 
country in connection with the President. I placed a 
peremptory prohibition upon this as being contrary to 
the terms oi my communications with them. 1 
pledged myself to them to communicate information 
upon what I considered as the best authority, and 
they were to confide in the ability of myself, aided 
by Judge Nelson, to determine upon the credibility of 
my informant. 

I think no candid man who will read over what I 
have written, and considers for a moment what is 
going on at Sumter, but will agree that the equivo- 
cating conduct of the Administration, as measured 
and interpreted in connection with these promises, i- 
the proximate cause of the great calamity. 

I have a profound conviction that the telegrams of 
the 8th of April of General Beauregard, and of the 
loth of April of General Walker, the Secretary of 
War, can be referred to nothing else than their belief 
that there has been systematic duplicity practised on 
them through me. It is under an impressive sense 
of the weight of this responsibility that I submit to 
you these things for your explanation. 
Very respectfully, 

John A. Campbei i . 

Associate Justice Supreme Court, United Stales. 
Hon. Wm. II. SEWARD, Secretary of State. 

Washington, April 20, 1S61. 

Sir : — I enclose you a letter, corresponding very 
nearly with on-; I addressed to you one week ago 
(13th April), to which I have not had any reply. 
The letter is simply one of inquiry in reference to 
facts concerning which, I think, I am entitled to an 
explanation. I have not adopted any opinion in 
reference to them which may not be modified by ex- 
planation ; nor have I affirmed in that letter, nor do I 
in this, any conclusion of my own unfavorable to your 
integrity in the whole transaction. All that I have 
said and mean to say is, that an explanation is due 
from you to myself. I will not say what I shall do 
in case this request is not complied with, but I am 
justified in saying that I shall feel at liberty to place 
the-e letters before any person who is entitled to ask 
an explanation of myself. 

Very respectfully, 

John A. Camphell, 

Associate Justice Supreme Court, United States. 
HON. Wm. II. SEWARD, Secretary op State. 

No reply has been made to this letter. April 24, 
1S61. 



APPENDIX O. 

Reminiscences of Alexander II. Stephens vs. 

it' 1 i.kAi. Richard Taylor. 

The January number of the North American Re- 
view (en the present year contains an article by Gen- 
eral Richard Taylor, of the Confederate Army, giving 
hi-; reminiscences of incidents, occurrences, and events 
in the late lamentable war between the Northern and 
Southern Stales of the Union, which, the writer of 



this article thinks, ought not to be permittted to pass 
unnoticed by contemporaries, and especially by him- 
self. 

Reminiscences of this kind are usually interesting 
to the reading public, and when written with care 
and accuracy, are exceedingly useful to all who de- 
sire to be rightly informed in relation to those points 
upon which turn the fortunes of individuals as well 
as of States. Minutest incidents and details concern- 
ing individuals, their sayings or doings, whether in 
council or action, when thus presented, are footlights 
which greatly aid in bringing out in clear and dis- 
tinct view the real characters of the respective parties 
on the stage, and in exhibiting the attending and 
surrounding scenes so as to present a full display of 
all the essential materials that constitute true history. 
For the accomplishment of this end, however, it is 
essential that these incidents, minute as they may 
be, should be strictly accurate. To all students of 
history the truth should be the leading object. What- 
ever contributions, therefore, of this character, may 
be made to the literature of the country, should be 
considered valuable only to the extent of their rigid 
conformity to ihe exactions of this requirement in all 
the matters, events, and incidents narrated. 

The establishment and maintenance of unadul- 
terated truth in details, as well as in general results, 
both as relates to individuals who may take part in 
passing events, as well as in the final issue of affairs, 
whether successful or disastrous, should be the chief 
object. In this way alone can those who come after 
judge rightly of the merits or demerits of those who 
may figure on the stage in those great dramas which 
mark the annals of mankind. 

The lale war between the States of the Union was 
certainly one of these great dramas. It was the most 
gigantic conflict of arms in the present era. " The 
din of this conflict," says Mr. Lossing, a Northern 
historian, " was heard all over the world, and the 
people of all nations were spectators of the scene." 

A^ to the origin, rightfulness, or general conduct 
of this war, on one side or on the other, it is not the 
purpose of the writer on the present occasion to say 
anything. The object now in hand is simply to cor- 
rect some errors and inaccuracies in " The Reminis- 
cences" of General Taylor, lest those who may de- 
sire to form a just judgment upon the matter referred 
to might be misled thereby in arriving at correct con- 
clusions. 

In the first place, then, it is deemed proper to call 
the attention of the reader to what General Taylor 
says about the opposition or resistance of the < on- 
federate Government at Montgomery to raising troo] s 
for a longer term of service than one year. His 
language is in these words; " The Confederate Gov- 
ernment — then sitting at Montgomery — resisted the 
enlistment of regiments for the war, preferring to en- 
gage them for twelve 11 onlhs." This statement is 
certainly not historically accurate. By whom the en- 
listment mentioned was resisted, it is true, is not dis- 
tinctly Stated. Nor is it clear upon whom 01 
which branch of the government, or whether 11)1011 
both, Congressional and Executive, '.his implied 
censure was intended to be cast. But in either or 
every aspect of the matter, the statement is inaccu- 
rate. This the record abundantly shows. Bare as- 
sertions, in however elegant language they may be 
made, cannot stand against facts. The truth in this 
case is, that amongst the first acts passed 1 v thi 
federate Congress upon their lea setnbling at Mont- 



APPENDIX O.— REMINISCENCES OF ALEXANDER II STEPHENS. 



99I 



gomeiy upon the call of the President, after the first 
collision of arms at Charleston, S. C, were two pro- 
viding for enlistments for the war. The first was in 
these words : 

"AN ACT 

" To raise an additional Military Force to serve dur- 
ing the War. 

"Section I. The Congress of the Confederate 
States of America do enact : That, in addition to the 
volunteer force authorized to be raised under exist- 
ing laws, the President be and is hereby authorized 
to accept the services of volunteers who may offer 
their services, without regard to the place of enlist- 
ment, either as cavalry, mounted riflemen, artillery, 
or infantry, in such proportion of these several arms 
as he may deem expedient, to serve for and during 
the existing war, unless sooner discharged. 

"Section 2. That the volunteers so offering their 
services may be accepted by the President in com- 
panies, to be organized by him into squadrons, bat- 
talions, or regiments. The President shall appoint 
all field and staff officers; but the company officers 
shall be elected by the men composing the company, 
and, if accepted, the officers so elected shall be com- 
missioned by the President. 

"Section 3. That any vacancies occurring in the 
ranks of the several companies mustered into service 
under the provisions of this act may be filled by 
volunteers accepted under the rules of such com- 
panies ; and any vacancies occurring in the officers 
of such companies shall be filled by elections, in ac- 
cordance with the same rules. 

"Section 4. Except as herein differently provided, 
the volunteer forces hereby authorized to be raised 
shall in all regards be subject to and organized in 
accordance with the provisions of 'An Act to provide 
for the public defence,' and all other acts for the gov- 
ernment of the armies of the Confederate States. 

"Approved May 8, 1861." 

The second of these acts is in these words : 

"AN ACT 

" To make further provision for the public defence. 

"Whereas, War exists between the United States 
and the Confederate States; and, Whereas, the public 
welfare may require the reception of volunteer forces 
into the service of the Confederate States without the 
formality and delay of a call upon the respective 
States ; 

"Section I. The Congress of the Confederate States 
of America do enact: That the President be author- 
ized to receive into service such companies, battalions, 
or regiments, either mounted or on foot, as may ten- 
der themselves, and he may require, without the delay 
of a formal call upon the respective States, to serve 
for such time as he may prescribe. 

"Section 2. Such volunteer forces who may be ac- 
cepted under this act, except as herein differently pro- 
vided, shall be organized in accordance with and 
subject to all the provisions of the act entitled ' An 
Act to provide for the public defence,' and be en- 
titled to all the allowances provided therein ; and 
when mustered into service, may be attached to such 
divisions, brigades, or regiments as the President may 
direct, or ordered upon such independent or detached 
service as the President may deem expedient; pro- 
vided, however, that battalions and regiments maybe 
enlisted from Stales, not of the Confederacy, and 



the President may appoint all or any of the field 
officers thereof. 

"Section 3. The President shall be authorized to 
commission ajl officers entitled to commissions, of 
such volunteer forces as may be received under the 
provisions of this act. And upon the request of the 
officer commanding such volunteer regiment, bat- 
talion, or company, the President may attach a super- 
numerary officer to each company, detailed from the 
regular army for that purpose. 

'•Approved May 11, 1861." 

It has been deemed proper to reproduce both of 
these acts in full for the important bearing they have 
upon other portions of the " Reminiscences," which 
will hereafter be noted, in regard to the state and con- 
dition of the army in Virginia in the early part of 
the year 1S62. These public records are not 
mere foot-lights. They are mid-dome chandeliers, 
which fully illuminate some of the matters set forth 
by General Taylor in obscurity, if not in darkness. 
"They certainly show that there was no resistance, on 
the part either of Congress or the President, to the 
enlistment of men for a longer term than twelve 
months. They were approved by the President as 
well as passed by the Congress. The Confederate 
Government, therefore, at Montgomery, as soon as 
possible after the outbreak of the war, made pro- 
vision for the enlistment of forces for the war to an 
extent limited only by the discretion of the President. 

The writer of this article, who was then at Mont- 
gomery, has no recollection whatever of the slightest 
resistance from any quarter to the enlistment of men 
in such kind of service and for such periods of time as 
might be desired and determined by the President. 
It was well known that he was in favor of a term of 
service longer than twelve months. Moreover, it may 
here be stated that, according to the remembrance of 
the writer of this article (he not now having access 
to the records giving the exact figures), there were 
in the field in the early spring of 1862 not less than 
100,000 men so enlisted for the war. There were at 
least forty regiments so in service from Georgia alone, 
if the writer of this be not mistaken in his recollec- 
tion, a large majority of which forces were in Virginia. 

The acts of the Confederate Congress, at Mont- 
gomery, which provided for raising forces for twelve 
months, or a less term, were passed before the out- 
break of the war; and while it is true that a consid- 
erable force so raised was in the field, as stated by 
General Taylor, yet it is also true, according to the 
recollection of this writer, that much the larger num- 
ber of those then in the service were in for the war. 

This item of General Taylor's "Reminiscences" 
has been thus particularly and fully noted in the out- 
set, because, as before said, it has a very direct and 
important bearing upon another portion of his con- 
tribution to history, which will now be reproduced 
at large and without abridgment, that readers mry 
more clearly appreciate the comments which will then 
be made upon it as a whole. It i- in these words : 

"As the year 1S62 opened, and the time for active 
movements drew near, weighty cares attended the 
commander of the Army of Northern Virginia. The 
folly of accepting forces for the short period of twelve 
months, to which allusion has already been made, 
was now apparent. Taking service in the spring of 
1861 , the time of most of the troops would expire 
just as the Federal host in their front might be ex- 
pected to advance. A large majority of the men 



99- 



APPENDIX O.— REMINISCENCES OF ALEXANDER //. STEPHEXS. 



were willing and anxious to re-enlist provided they 
could first go home to arrange private affairs. For- 
tunately the fearful condition of the country per- 
mitted the granting of furloughs on a large scale. 
Excepting on a few pikes, movements were impossi- 
ble, and an army could no more have marched across 
country than across New York Hay. Closet warriors, 
in cozy studies, with smooth McAdam roadways be- 
fore their doors, sneer at the idea of military move- 
ments being arrested by mud. I apprehend these gen- 
tlemen have never served in a bad country during the 
rainy season, and are ignorant of the fact that in his 
Russian campaign the elements proved too strong for 
the genius of Napoleon. General Johnston met the 
difficulties of his position with great coolness, tact, 
and judgment, but his burden was by no means 
lightened by the interference of certain politicians at 
Richmond. These gentlemen were perhaps inflamed 
by the success that had attended the tactical efforts 
of their Washington peers. At all events they now 
threw themselves on military questions with much 
ardor. The leader was Mr. Alexander II. Stephens, 
of Georgia, Vice-President of the Confederacy, who 
is entitled to a place by himself. Like the celebrated 
John Randolph, of Roanoke, he had an acute intel- 
lect attached to a frail and meagre body. As was 
said by the witty Dean of St. Paul's of Francis Jeff- 
rey, his mind is in a state of indecent exposure. A 
trained and skilful politician, he was for many years 
before the war returned to the United States House 
of Representatives fiom the district in which he re- 
sides, and his ' device ' seems always to have been, 
' Fiat jiisti/ia, mat rq-Ztim.' 

"When, in December, 1849, the Congress of the 
United States assembled, there was a Whig adminis- 
tration, and the same party had a very small majority 
in the lower House. Mr. Stephens was an anient 
Whig, and a member of the House ; but he could not 
see his way to support his party candidate for Speaker, 
and this inability to find a road — plain, mayhap, to 
weaker organs — secured the control of the House to 
his political rivals. During the excited period just 
preceding 'secession,' Mr. Stephens held and avowed 
wise and moderate opinions; but, swept along by the 
resistless torrent surrounding him, he discovered and 
proclaimed the fact that ' slavery was the corner-stone 
of the Confederacy.' Granting the truth of this, which 
is by no means admitted here, it was, in the strong 
vernacular of the West, ' rather piling the agony ' on 
the humanitarians, whose sympathies were not much 
quickened towards us thereby. As the struggle pro- 
gressed, Mr. Stephens, with all the impartiality of an 
equity judge, marked many of the virtues of the gov- 
ernment north of the Potomac, and all the vices of 
that on his own side of the stream. Regarding the 
military questions in hand, he entertained and pub- 
licly expressed original opinions, which I will attempt 
to convey as accurately as possible. The war was for 
principles and rights. It was in defence of these and 
of their property that the people had taken up arms. 
• They could always be relied on when a battle was im- 
minent ; but when there was no fighting to be done, 
they had best be at home attending to their families 
and interests. As their intelligence was equal to their 
patriotism, they were as capable of judging of the 
necessity of their presence with the 'colors' as the 
commanders of armies, who were but professional sol- 
diers, fighting for rank and pay — most of them with- 
out property in the South. It may be observed that 
such opinions are more comfortably cherished by po- 



litical gentlemen two hundred miles awav, than bv 
commanders immediately 111 front of an enemy, 

'•At the close of the great war, in July, 1865, I visited 
Washington, in the sole hope of effecting some change 
in the condition of Jefferson Davis, then ill and a pris- 
oner at Fortress Monroe. Mr. Stephens happened 
to visit Washington at the same time, and was the 
object of much attention on the part of the people con- 
trolling the Congress and the country. Desiring his 
co-operation, 1 sought and found him sitting near a 
fire, for he is of a chilly nature, smoking his pipe. He 
heard me in severe politeness, and without unneces- 
sary expenditure of enthusiasm, promised his assist- 
ance. Since the war, Mr. Stephens has again been, 
and now is, a Representative in Congress. He has 
the satisfaction to know that unlike the ' Rebel brig- 
adiers,' his presence is not a rock of offence to the 
loyal mind." 

On this extended extract, in addition to what has 
already been said, the following comments will now 
be made : 

First. The statements that Mr. Stephens was the 
leader of any number of politicians at Richmond, who 
took in hand military questions, or interfered in any 
way with the organization of the army of General 
Johnston, or knew of any other politicians at Rich- 
mond doing so ; or that Mr. Stephens ever, on any 
occasion in his life, uttered the opinions, privately or 
publicly, that the people could " always be relied upon 
when a battle was imminent; but when there was no 
fighting to be clone they had best be at home attending 
to their families and interests ; " that " as their intelli- 
gence was equal to their patriotism, they were capable 
of judging of the necessity of their presence with the 
' colors ' as the commanders of armies, who were but 
professional soldiers, fightiiig for rank and pay, most 
of them without property in the South" — are utterly 
unfounded from the beginning to the end. They are 
but the figments of a disordered imagination, without 
the shade of a shadow of fact to rest upon. No such 
opinions, sentiments, or reckless assertions were ever 
uttered by him. 

Could he possibly have proclaimed to the South, 
referring to the thirty-three major-generals then in the 
service, including Lee, the Johnstons (Joseph E. and 
Albert Sidney), Beauregard, Twiggs, Polk, Early, and 
Stonewall Jackson, to say nothing of others in the dis- 
tinguished host, that they were men " fighting only for 
rank and pay, most of them without property in the 
South ? " The idea is preposterous. So far as con- 
cerns the implied intimation here made, that Mr. Ste- 
phens asserted that most of the generals were North- 
ern-born, or at least had no identification with South- 
ern interests, it may be proper here to say he could 
not possibly have given any such intimation with any 
regard to truth, for the fact was, that of the thirty- 
three major-generals, two only were born at the North ; 
but this fact, in Mr. Stephens' opinion, detracted 
nothing then or now from their integrity, or honor, or 
chivalry. Further, could he have said of the one 
hundred and twenty-six brigadier-generals then in the 
field, including Ransom, Law ton, Walker, Toombs, 
Zollicoffer, Wise, the Georgia Jacksons, Wright, Gard- 
ner, McClaws, and the brothers Cobb, to say nothing 
of the one hundred and odd others upon this long list, 
that they " were men fighting only for rank and pay, 
most of them without property in the South ? " It may 
be noted here also, that only seven of these one hun- 
dred and twenty-six brigadier-generals were born at 
the North. May it not be repeated, the very idea is 



APPENDIX O.— REMINISCENCES OF ALEXANDER II. STEPHENS. 



993 



preposterous ! Such reckless, inconsiderate expres- 
sions were never uttered by Mr. Stephens. Whether 
General Taylor, by thus grossly misrepresenting Mr. 
Stephens, in attributing to him sentiments and opin- 
ions which he never entertained or uttered, has made 
an exhibition of his own " mind in a state of indecent 
exposure," will be left for others to determine. 

Second. It was very seldom that Mr. Stephens ven- 
tured to express his opinions on any matter connected 
with military organizations or operations during the 
fall of 1S61 or the opening of the year 1862, and when 
he did, it was always first to the President, and never 
in any factious or opposing spirit. One occasion of 
this sort was in relation to the position of General Al- 
bert Sydney Johnston at Bowling Green, in Kentucky. 
This was at the earnest request of General Humphrey 
Marshall, who was a thoroughly-educated and well- 
trained officer. Another was at the instance of Col- 
onel Peyton Colquitt and General Howell Cobb, of 
Georgia, in relation to the then state of affairs at Nor- 
folk. The most important of these occasions, how- 
ever, was one at the instance of the President himself. 
This was on the 6th day of November, 1S61, soon 
after the fall of Port Royal, South Carolina. On this 
occasion, Mr. Stephens was sent for by the President 
to advise as to the proper officer to be appointed to 
take charge of the Southern coast, particularly the 
South Carolina and Georgia coast. He found in the 
Executive room, Mr. Benjamin, Secretary of War, and 
General Lee. The latter was then in command of an 
army in the mountains of Virginia, but was in Rich- 
mond for a few days on temporary leave, as Mr. Ste- 
phens understood. When the question was submitted 
to Mr. Stephens, who, in his judgment, would be a 
proper officer to send to the coast of South Carolina 
and Georgia, he promptly replied General Beauregard, 
who was then at Manassas. Mr. Stephens was sur- 
prised on learning for the first time that there was 
some estrangement between General Beauregard and 
the President, which rendered his appointment out of 
the question. He then mentioned General Joe John- 
ston. With deep regret he then also learned for the 
first time that a similar impediment existed to his ap- 
pointment, growing out of that estrangement, which 
General Taylor, in another place, says became " the 
spring of woes unnumbered." Mr. Stephens then 
suggested the name of General Lee. To this the 
President replied by simply saying, " General, what 
do you say to that?" General Lee blushed deeply 
and reddened to the crown of his head, with a very 
strong protest on his part, giving many reasons why 
he thought he ought not to be sent. The question 
was argued at some length — for two or more hours, 
perhaps — the result of which was that General Lee 
was assigned to this important duty, and was off to 
Charleston by the next train of cars. Save these oc- 
casions, Mr. Stephens has no recollection of express- 
ing his opinions upon military affairs to the President 
during the period stated by General Taylor; nor did 
he on any occasion during the same period, say or do 
anything to or with any others, with a view to thwart 
the indicated policy of the President. 

Third. What General Taylor says of the so-called 
" Corner-Stone " speech of Mr. Stephens is calculated 
to create an erroneous impression, whether it was in- 
tended so or not. The inference from his account of 
it is, that the idea of "corner-stone," in this connec- 
tion, originated with Mr. Stephens, or was "discov- 
ered" by him. The truth is, Mr. Stephens, in his 
speech referred to, was explaining to a popular audi- 

63 



ence the changes which had been made in the new 
Constitution framed at Montgomery, from the old one 
framed at Philadelphia, upon the subject of the " pe- 
culiar institution " at the South, known as slavery. 
He stated that there was no essential change, in the 
new from the old, on this subject, except to settle all 
controversies and questions in relation to the power 
of Congress over it. In the " corner-stone " meta- 
phor, he but repeated what Judge Baldwin, of the 
Supreme Court of the United States, had many years 
before said of this " institution " under the Federal 
Government. In the case of Johnson against Thomp- 
son, in the United States Circuit Court for Pennsyl- 
vania, this eminent judge had declared that "the 
foundations of this Government are laid and rest on 
the rights of property in slaves, and the whole fabric 
must fall by disturbing the ' corner-stone.' " 

It was also the effort of Mr. Stephens, in the speech 
referred to, to show that in this country there was no 
such thing as " slavery," in the proper sense of that 
word. The relation of the races at the South was but 
a legal subordination of the admitted inferior to the 
superior; that this right of property in persons who 
owed service for life, under this legal subordination, 
did not differ essentially in principles from the like 
rights of property in those who owe service for a term 
of years in perhaps all civilized States. The difference 
consisted chiefly in the period of service owed under 
the law, so far as the rights of property in such service 
were concerned. Slavery, as defined by the Justinian 
code, had no existence in this country. Slavery, in 
the abstract, or as treated in public law, Mr. Stephens 
never defended, much less advocated. In one of the 
earliest speeches ever made by him in Congress — the 
one on the annexation of Texas, in February, 1S45 — 
these sentiments were expressed and avowed by him. 
They were often proclaimed by him in public speeches 
before the people in his State, long before secession. 
In those speeches he ever maintained that, if the " In- 
stitution," or this legal subordination of the colored 
to the white race, was not the best, or could not be 
made the best, for both races, morally, intellectually, 
and politically, it was wrong, and ought to be abol- 
ished. 

In politics he ever held, and now holds, no such 
dogma as that of " the greatest good for the greatest 
number." His position is that all systems of govern- 
ment should be based upon such principles as will best 
secure "the greatest good tc all, without injury to 
any." No ninety-nine of any one hundred persons in 
any community have the right to promote their own 
joint welfare by the sacrifice of that of the remaining 
one, nor in any other proportion. But to proceed. 
If the announcement of the truth that there was no 
essential change in the new Constitution from the old, 
in this particular, was " piling on the agony " a little 
too strong for the " humanitarians," then the cause 
of the agony must have been the old Constitution, and 
not what Mr. Stephens said of the new one. 

Fourth. What General Taylor says of his visit to 
Washington in July, 1865, and his interview with Mr. 
Stephens on that occasion, and the "severe polite- 
ness " he received from his " chilly nature," when the 
sufferings of Mr. Davis were mentioned, deserves only 
a passing notice in conclusion. The fittest comment 
upon it is, that a more perfect Munchausenism was 
never served up for the entertainment of gullible read- 
ers. No fact is more incontrovertible fixed in the his- 
torv of the country than that Mr. Stephens wn«. at the 
time stated, closely confined himself at Fort Warren, 



994 



APPENDIX P.— ABRAHAM LINCOLN'S EMANCIPATION PROCLAMATION. 



where he was suffering, perhaps, quite as much as Mr. 
Davis; for it was in the damp underground casemate 
room in which he was then immured that he contracted 
that severe rheumatic affliction from which he has as 
yet only partially red" (.red. 

But apart from the great indisputable fact referred 
to, which utterly sets at naught the story of General 
Taylor's interview with Mr. Stephens in Washington, 
July, 1865, it might have been, perhaps, better for 
him, in the play of his fancy and imagination, while 
conjuring up something in disparagement of Mr. Ste- 
phens, to have kept probability in view; for whatever 
may be his real faults, defects, imperfections, or in- 
firmities, never before, perhaps, was heard an intima- 
tion, from any quarter, of his want of proper sympathy 
for human suffering in any and every shape and form 
in which it was manifested, whether from "man's in- 
humanity to man," or from the inscrutable dispensa- 
tions of God. 



APPENDIX P.— No. I. 

Abraham Lincoln's Emancipation Proclama- 
tion, of ist January, 1863. 

Whereas, on the twenty-second day of September. 
in the year of our Lord one thousand eight hundred 
and sixty-two, a Proclamation was issued by the 
President of the United States, containing, among 
other things, the following, to wit : 

" That on the first day of January, in the year of 
our Lord one thousand eight hundred and sixty-three, 
all persons held as slaves within any State or desig- 
nated part of a State, the people whereof shall then 
be in rebellion against the United States, shall be 
then, thenceforward, and forever, free ; and the Exec- 
utive Government of the United States, including 
the Military and Naval authority thereof, will recog- 
nize and maintain the freedom of such persons, and 
will do no act or acts to repress such persons, or any 
of them, in any efforts they may make lor their actual 
freedom. 

" That the Executive will, on the first day of Janu- 
ary aforesaid, by Proclamation, designate the States 
and parts of Slate-, if any, in which the people 
thereof, respectively, shall then be in rebellion against 
the United Slates; and the fact that any State, or the 
people thereof, shall on that day be in good faith 
represented in the Congress of the United States, by 
members chosen thereto at elections wherein a major- 
ity of the qualified voters of such States shall have 
participated, shall, in the absence of strong counter- 
vailing testimony, be deemed conclusive evidence 
that such State, and the people thereof, are not then 
in rebellion against the United States." 

Now, therefore, I, ABRAHAM Lincoln, President 
of the United States, by virtue of the power in me 
vested as Commander-in-Chief of the Army and Navy 
of the United States, in time of actual armed rebel 
lion against the authority and Government of the 
United States, and as a fit and necessary war measure 
for suppressing said rebellion, do, on this first day of 
January, in the year of our Lord one thousand eight 
hundred and sixty-three, and in accordance with my 
purpose s > to do, publicly proclaimed for the full 
period of one hundred days from the day first above 
mentioned, order and designate as the States and 
parts of States wherein the people thereof, lespec- 



tively, are this day in rebellion against the United 
States, the following, to wit : 

Arkansas, Texas, Louisiana (except the parishes of 
St. Bernard, Piaquemines, Jefferson, St. John, St. 
Charles, St. James, Ascension, Assumption, Terrc 
Bonne, Lafourche, St. Mary, St. Martin, and Orleans, 
including the City of New Orleans), Mississippi, Ala- 
bama, Florida, Georgia, South Carolina, North Caro- 
lina, and Virginia (except the forty-eight counties 
designated as West Virginia, and also the counties of 
Berkeley, Accomac, Northampton, Elizabeth City, 
York, Princess Ann, and Norfolk, including the cities 
of Norfolk and Portsmouth), and which excepted 
parts are for the present left precisely as if this Procla- 
mation were not issued. 

And by virtue of the power and for the purpose 
aforesaid, I do order and declare that all persons held 
as slaves within said designated States and parts of 
States, are, and henceforward shall be, free; and that 
the Executive Government of the United States, in- 
cluding the Military and Naval authorities thereof, 
will recognize and maintain the freedom of said per- 
sons. 

And I hereby enjoin upon the people so declared 
to be free to abstain from all violence, unless in neces- 
sary self-defence ; and 1 recommend to them that, in 
all cases when allowed, they labor faithfully for 
reasonable wages. 

And I further declare and make known that such 
persons, of suitable condition, will be received into 
the armed service of the United States to garrison 
forts, positions, stations, and other places, and to 
man vessels of all sorts in said service. 

And upon this act, sincerely believed to be an act 
of justice, warranted by the Constitution upon military 
necessity, I invoke the considerate judgment of man- 
kind and the gracious favor of Almighty God. 

In witness whereof, I have hereunto set my hand 
and caused the seal of the United States to be affixed. 
Done at the City of Washington, this first day of 
January, in the year of 0111 Lord one thousand eight 
hundred and sixty-three, and of the Independence of 
the United States the eighty-seventh. 

Abraham Lincoln. 

By the President : 

William H. Seward, Secretary of State. 






APPENDIX P.— No. 2. 

Appointment ok Hon. Alexander II. STEPHENS, 

as Military Commissioner to Washington. 

Richmond, 2d July, 1S63 
Hon. Alexander H. Stephens, Richmond, Va. : 

Sir : Having accepted your patriotic offer to pro- 
ceed as a Military Commissioner, under Hag of truce, 
to Washington, you will herewith receive your letter 
of authority to the Commander-in-Chief of the Army 
and Navy of the United States. 

This letter is signed by me as Commander-in-Chief 
of the Confederate Land and Naval forces. 

You will perceive, from the terms of the letter, 
that it is so worded as to avoid any political diffi- 
culties in its reception. Intended exclusively as one 
of those communications between Belligerents which 
public law recognizes as necessary and proper between 
hostile forces, care has been taken to give no pretext 
for refusing to receive it 011 the ground that it would 



APPENDIX Q.— DESTRUCTION OF COLUMBIA, S. C. 



995 



involve a tacit recognition of the independence of the 
Confederacy. 

Your mission is simply one of humanity, and has 
no political aspect. 

If objection is made to receive your letter on the 
ground that it is not addressed to Abraham Lincoln 
as President instead o( Commander-in-chief, etc., 
then you will present the duplicate letter, which is 
addressed to him as President, and signed by me as 
President. To this letter objection may be made on 
the ground that I am not recognized to be President 
of the Confederacy, In this event, you will decline 
any further attempt to confer on the subject o( your 
mission, as such conference is admissible only on a 
foxing of perfect equality. 

My recent interviews with you have put you so 
fully in possession of my views, that it is scarcely 
necessary to give you any detailed instructions, even 
were I at this moment well enough to attempt it. 

My whole purpose is, in one word, to place this 
war on the footing of such as are waged by civilized 
people in modern times, and to divest it of the savage 
character which has been impressed on it by our ene- 
mies, in spite of all our efforts and protests. War is 
full enough of unavoidable horrors, under all its as- 
pects, to justify, and even to demand, ef any Chris- 
tian ruler, who may be unhappily engaged in carry- 
ing it on, to seek to restrict its calamities, and to 
divest it of all unnecessary severities. You will 
endeavor to establish the Cartel for the Exchange of 
Prisoners on such a basis as to avoid the constant 
difficulties and complaints which arise, and to pre- 
vent for the future what we deem the unfair conduct 
of our enemies, in evading the delivery of prisoners 
who fall into their hands, in retarding it by sending 
them on circuitous routes, and by detaining them 
sometimes for months in camps and prisons, and in 
persisting in taking captive non-combatants. 

Your attention is also called to ihe unheard-of con- 
duct of Federal officers, in driving from their homes 
entire communities of women and children, as well 
as of men, whom they find in districts occupied by 
their troops, for no other reason than because these 
unfortunates are faithful to the allegiance due to their 
States, and refuse to take an oath of fidelity to their 
enemies. 

The putting to death of unarmed prisoners has 
been a ground of just complaint in more than one 
instance, and the recent execution of officers of our 
army in Kentucky, for the sole cause that they were 
engaged in recruiting service in a State which is 
claimed as still one of the United States, but is also 
claimed by us as one of the Confederate States, must 
be repressed by retaliation if not unconditionally 
abandoned, because it would justify the like execution 
in every other State of the Confederacy, and the prac- 
tice is barbarous, uselessly cruel, and can only lead 
to the slaughter of prisoners on both sides, a result 
too horrible to contemplate without making every 
effort to avoid it. 

On these and all kindred subjects you will consider 
your authority full and ample to make such arrange- 
ments as will temper the present cruel character of 
the contest, and full confidence is placed in your 
judgment, patriotism, and discretion that, while 
carrying out the objects of your mission, you will take 
care that the equal rights of the Confederacy be al- 
ways preserved. Very respectfully, 

Jefferson Davis. 



APPENDIX Q. 



Extracts from a Pamphlet on the Destruc- 
tion of Columbia, South Carolina, Published 
in 1865. 

[It was written 'by the gifted ana accomplished 
William Gilmore Simms, LL. D. The facts therein 
set forth by Dr. Simms are believed by the author to 
be entirely true, and fully sustain what is said in the 
text.] 

The destruction of Atlanta, the pillaging and burn- 
ing of other towns of Georgia, and the subsequent 
devastation along the march of the Federal Army 
through Georgia, gave sufficient earnest of the treat- 
ment to be anticipated by South Carolina, should the 
same commander be permitted to make a like progress 
in our State. The Northern press furnished him the 
crt de guerre to be sounded when he should cross our • 
borders. " Va victis .'" — woe to the conquered ! — in 
the ca^e of a people who had fir.^t raised the banner 
of Secession. " The howl of delight" (such was 
the language of the Northern press), sent up by Sher- 
man's legions, when they looked across the Savannah 
to the shores of Carolina, was the sure fore-runner 
of the terrible fate which threatened our people 
should the soldiers be once let loose upon our lands. 
Our people felt all the danger. 



The march of the Federals into our State was 
characterized by such scenes of licence, plunder and 
general conflagration, as very soon showed that the 
threats of the Northern press, and of their soldiery, 
were not to be regarded as mere brutuin fulmen. 
Day by day brought to the people of Columbia tid- 
ings of atrocities committed, and more extended pro- 
gress. Daily did long trains of fugitives line the 
roads, with wives and children, and horses and stock 
and cattle, seeking refuge from the pursuers. Long 
lines of wagons covered the highways. Half-naked 
people cowered from the winter under bush-tents in 
the thickets, under the eaves of houses, under the rail- 
road sheds, and in old cars left them along the route. 
All these repeated the same storv of suffering, vio- 
lence, poverty and nakedness. Habitation after habi- 
tation, village after village — one sending up its signal 
flames to the other, presaging for it the same fate — 
lighted the winter and midnight sky with crimson 
horrors. 

♦i'o language can describe nor can any catalogue 
furnish an adequate detail of the wide-spread de- 
struction of homes and property. Granaries were 
emptied, and where the grain was not carried off, it 
was strewn to waste under the feet of the cavalry, or 
consigned to the fire which consumed the dwelling. 
The negroes were robbed equally with the whites of 
food and clothing. The roads were covered with 
butchered cattle, hogs, mules, and the costliest fur- 
niture. Valuable cabinets, rich pianos, were not only 
hewn to pieces, but bottles of ink, turpentine, oil, 
whatever could efface or destroy, was employed to de- 
file and ruin. Horses were ridden into the houses. 
People were forced from their beds, to permit the 
search after hidden treasures. 

The beautiful homesteads of the Parish country, 
with their wonderful tropical gardens, were ruined; 
ancient dwellings of black cypress, one hundred vears 
old, which had been reared by the fathers of the Re- 
public — men whose names were famous in Revolu- 
tionary history — were given to the flames as recklessly 



996 



AT TEND IX Q.— DESTRUCTION OF COLUMBIA, S. C. 



as were the rude hovels ; choice pictures and works 
of art, from Europe, select and numerous libraries, 
objects of peace wholly, were all destroyed. The in- 
habitants, black no less than white, were left to starve, 
compelled to feed only upon the garbage to be found 
in the abandoned camps of the soldiers. The corn 
scraped up from the spots where the horses fed, has 
been the only means of life lelt to thousands but lately 
in affluence. 

And thus plundering, and burning, the troops made 
their way through a portion of Beaufort into Barnwell 
District, where they pursued the same game. The 
villages of Buford's Bridge, of Barnwell, Blackville, 
Graham's, Bamberg, Midway, were more or less de- 
stroyed ; the inhabitants everywhere left homeless and 
without food. The horses and mules, all cattle and 
hogs, whenever fit for service or for food, were carried 
offj and the rest shot. Every implement of the work- 
man or the farmer, tools, plows, hoes, gins, looms, 
wagons, vehicles, was made to feed the flames. 

From Barnwell to Orangeburg and Lexington was 
the next progress, marked everywhere by the same 
sweeping destruction. Both of these Court towns 
were partially burned. 

Hardly had the troops reached the head of Main 
Street, when the work of pillage was begun. Stores 
were broken open within the first hour after their ar- 
rival, and gold, silver, jewels and liquors, eagerly 
sought. The authorities, officers, soldiers, all, seemed 
to consider it a matter of course. And woe to him 
who carried a watch with gold chain pendant ; or who 
wore a choice hat, or overcoat, or boots or shoes. He 
was stripped in the twinkling of an eye. It is com- 
puted that, from first to last, twelve hundred watches 
were transferred from the pockets of their owners to 
those of the soldiers. Purses shared the same fate ; 
nor was the Confederate currency repudiated. But 
of all these things hereafter, in more detail. 

At about 12 o'clock, the jail was discovered to be 
on fire from within. This building was immediately 
in rear of the Market, or City Hall, and in a densely 
built portion of the city. The supposition is that it 
was fired by some of the prisoners — all of whom were 
released and subsequently followed the army. The 
fire of the jail had been preceded by that of some cot- 
ton piled in the streets. Both fires were soon sub- 
dued by the firemen. At about half-past one P. M., 
that of the jail was rekindled, and was again extin- 
guished. Some of the prisoners, who had been cT>n- 
fined at the Asylum, had made their escape, in some 
instances, a few days before, and were secreted and 
protected by citizens. 

No one felt safe in his own dwelling; and, in the 
faith that General Sherman would respect the Con- 
vent, and have it properly guarded, numbers of young 
ladies were confided to the care of the Mother Supe- 
rior, and even trunks of clothes and treasure were 
sent thither, in full confidence that they would find 
safety. Vain illusions ! The Irish Catholic troops, 
it appears, were not brought into the city at all ; were 
kept on the other side of the river. But a few Catho- 
lics were collected among the corps which occupied 
the city, and of the conduct of these, a favorable ac- 
count is given. One of them rescued a silver goblet 
of the church, used as a drinking cup by a soldier, 
and restored it to the Rev. Dr. O'Connell. This 
priest, by the way, was severely handled by the sol- 
diers. Such, also, was the fortune of the Rev. Mr. 
Shand, of Trinity (the Episcopal) Church, who sought 



in vain to sav>; a trunk containing the sacred vessels 
of his church. It was violently wrested from his 
keeping, and his struggle to save it only provoked the 
rougher usage. We are since told that, on reaching 
Camden, General Sherman restored what he believed 
were these vessels to Bishop Davis. It has since 
been discovered that the plate belonged to St. Peter's 
Church, in Charleston. 

And here it may be well to mention, as suggestive 
of many clues, an incident which presented a sad 
commentary on that confidence in the security of the 
Convent, which was entertained by the great portion 
of the people. This establishment, under the charge 
of the sister of the Right Rev. Bishop Lynch, was at 
once a Convent and an Academy of the highest class. 
Hither were sent for education the daughters of Pro- 
testants, of the most wealthy classes throughout the 
State ; and these, with the nuns and those young ladies 
sent thither on the emergency, probably exceeded one 
hundred. The Lady Superior herself entertained the 
fullest confidence in the immunities of the establish- 
ment. But her confidence was clouded, after she had 
enjoyed a conference with a certain Major of the 
Yankee army, who described himself as an editor, 
from Detroit. He visited her at an early hour in the 
day, and announced his friendly sympathies with the 
Lady Superior and the sisterhood ; professed his 
anxiety for their safety; his purpose to do all that he 
could to insure it — declared that he would instantly 
go to Sherman and secure a chosen guard ; and, alto- 
gether, made such professions of love and service, as 
to disarm those suspicions, which his bad looks and 
bad manners, inflated speech and pompous carriage, 
might otherwise have provoked. The Lady Superior, 
with such a charge in her hands, was naturally glad 
to welcome all shows and prospects of support, and 
expressed her gratitude. lie disappeared, and soon 
after reappeared, bringing with him no less than 
eight or ten men — none of them, as he admitted, 
being Catholics, lie had some specious argument to 
show that, perhaps, her guard had better be one of 
Protestants. This suggestion staggered the lady a 
little, but he seemed to convey a more potent reason, 
when he added, in a whisper: "Eor I must tell you, 
my sister, that Columbia is a doomed city.'" Terri- 
ble doom ! This officer, leaving his men behind him, 
disappeared, to show himself no more. The guards 
so left behind were finally among the most busy as 
plunderers. The moment that the inmates, driven 
out by the fire, were forced to abandon their house, 
they began to revel in its contents. 

"Quis aistodiot ij>sas custodes .<"' — who shall guard 
the guards? — asks the proverb. In a number of 
cases, the guards provided for the citizens were 
among the most active plunderers; were quick to be- 
tray their trusts, abandon their posts, and bring their 
comrades in to join in the general pillage. The most 
dexterous and adroit of these, it i^ the opinion of most 
persons, were chiefly Eastern men, or men of imme- 
diate Eastern origin. The Western men, including 
the Indiana, a portion of the Illinois and Iowa troops, 
were neither so dexterous nor unscrupulous — were 
frequently faithful anil respectful; and, perhaps, it 
would be safe to assert that many of the houses which 
is raped the sack and fire, owed their safety to the 
presence or the contiguity of some of these men. But 
we must retrace our steps. 

But the reign of terror did not fairly begin till night. 
In some instances, where parties complained of the 



APPENDIX Q.— DESTRUCTION OF COLUMBIA, S. C. 



997 



misrule and robbery, their guards said to them, with 
a chuckle : "This is nothing. Wait till to-night, and 
you'll see h-11." 

Among the first fires at evening was one about 
dark, which broke out in a filthy purlieu of low 
houses, of wood, on Gervais street, occupied mostly 
as brothels. Almost at the same time, a body of the 
soldiers scattered over the eastern outskirts of the 
city, fired severally the dwellings of Mr. Secretary 
Trenholm, General Wade Hampton, Dr. John Wal- 
lace, J. U. Adams, Mrs. Starke, Mr. Latta, Mrs. 
English, and many others. There were then some 
twenty fires in full blast, in as many different quar- 
ters, and while the alarm sounded from these quar- 
ters, a similar alarm was sent up almost simultane- 
ously from Cotton Town, the northernmost limit of 
the city, and from Main street in its very centre, at 
the several stores or houses of O. Z. Bates, C. D. 
Eberhardt, and some others, in the heart of the most 
densely settled portion of the town; thus enveloping 
in flames almost every section of the devoted city. 
At this period, thus early in the evening, there were 
few shows of that drunkenness which prevailed at a 
late hour in the night, and only after all the grocery 
shops on Main street had been rifled. The men en- 
gaged in this were well prepared with all the appli- 
ances essential to their work. They did not need the 
torch. They carried with them, from house to house, 
pots and vessels containing combustible liquids, com- 
posed probably of phosphorus and other similar agents, 
turpentine, etc., and, with balls of cotton saturated in 
this liquid, with which they also overspread floors 
and walls, they conveyed the flames with wonderful 
rapidity from dwelling to dwelling. Each had his 
ready box of Lucifer mntches, and, with a scrape upon 
the walls, the flames began to rage. Where houses 
were closely contiguous, a brand from one was the 
means of conveying destruction to the other. 

The winds favored. They had been high through- 
out the day, and steadily prevailed from southwest by 
west, and bore the flames eastward. To this fact we 
owe the preservation of the portions of the city lying 
west of Assembly street. 

The work, begun thus vigorously, went on without 
impediment, and with hourly increase throughout the 
night. Engines and hose were brought out by the 
firemen, but these were soon driven from their labors 
— which were indeed idle against such a storm of 
fire — by the pertinacious hostility of the soldiers; the 
hose was hewn to pieces, and the firemen, dreading 
worse usage to themselves, left the field in despair. 
Meanwhile, the flames spread from side to side, from 
front to rear, from street to street, and where their 
natural and inevitable progress was too slow for those 
who had kindled them, they helped them on by the 
application of fresh combustibles and more rapid 
agencies of conflagration. By midnight, Main street, 
from its northern to its southern extremity, was a solid 
wall of fire. By 12 o'clock, the great blocks, which 
included the banking houses and the treasury build- 
ings, were consumed ; Janney's (Congaree) and Nick- 
erson's Hotels ; the magnificent manufactories of 
Evans & Cogswell — indeed, every large block in the 
business portion of the city; the old Capitol and all 
the adjacent buildings were in ruins. The range 
called the "Granite" was beginning to flame at 12, 
and might have been saved by ten vigorous men, 
resolutely working. 

At I o'clock, the hour was struck by the clock of 
the Market Hall, which was even then illuminated 



from within. It was its own last hourwhich it sounded, 
and its tongue was silenced forevermore. In less 
than five minutes after, its spire went down with a 
crash, and, by this time, almost all the buildings 
within the precinct were a mass of ruins. 

Very grand, and terrible beyond description, was 
the awful spectacle. It was a scene for the painter 
of the terrible. It was the blending of a range of 
burning mountains stretched in a continuous series 
for more than a mile. Here was ^Etna, sending up 
its spouts of flaming lava; Vesuvius, emulous of like 
display, shooting up with loftier torrents, and Strom- 
boli, struggling, with awful throes, to shame both by 
its superior voiumes of fluid flame. The winds were 
tributary to these convulsive efforts, and tossed the 
volcanic torrents hundreds of feet in air. Great 
spouts of flame spread aloft in canopies of sulphurous 
cloud — wreaths of sable, edged with sheeted light- 
nings, wrapped the skies, and, at short intervals, the 
falling tower and the tottering wall, avalanche-like, 
went down with thunderous sound, sending up at 
every crash great billowing showers of glowing fiery 
embers. 

Throughout the whole of this terrible scene, the 
soldiers continued their search after spoil. The 
houses were severally and soon gutted of their con- 
tents. Hundreds of iron safes, warranted " impene- 
trable to fire and the burglar," it was soon satisfac- 
torily demonstrated, were not " Yankee proof." 
They were split open and robbed, yielding, in some 
cases, very largely of Confederate money and bonds, 
if not of gold and silver. Jewelry and plate in 
abundance were found. Men could be seen stagger- 
ing off with huge waiters, vases, candelabra, to say 
nothing of cups, goblets and smaller vessels, all of 
solid silver. Clothes and shoes, when new, were 
appropriated — the rest left to burn. Liquors were 
drank with such avidity as to astonish the veteran 
Bacchanals of Columbia; nor did the parties thus dis- 
tinguishing themselves hesitate about the vintage. 
There was no idle discrimination in the matter of 
taste, from that vulgar liquor, which Judge Burke 
used to say always provoked within him " an inordi- 
nate propensity to sthale," to the choicest red wines 
of the ancient cellars. In one vault on Main street, 
seventeen casks of wine were stored away, which, 
an eye-witness tells us, barely sufficed, once broken 
into, for the draughts of a single hour — such were 
the appetites at work and the numbers in possession 
of them. Rye, corn, claret, and Madeira, all found 
their way into the same channels, and we are not to 
wonder, when told that no less than one hundred and 
fifty of the drunken creatures perished miserably 
among the flames kindled by their own comrades, 
and from which they were unable to escape. The 
estimate will not be thought extravagant by those who 
saw the condition of hundreds after I o'clock, a. m. 
By others, however, the estimate is reduced to thirty, 
but the number will never be known. Sherman's 
officers themselves are reported to have said, that 
they lost more men in the sack and burning of the 
city (including certain explosions), than in all their 
fights while approaching it. It is also suggested that 
the orders which Sherman issued at daylight, on 
Saturday morning, for the arrest of the fire, were 
issued in consequence of the loss of men which he 
had thus sustained. 

One or more of his men were shot, by parties un- 
known, in some dark passages or alleys — it is sup- 
posed in consequence of some attempted outrages 



998 



APPENDIX Q.— DESTRUCTION OF COLUMBIA, S. C. 



which humanity could not endure ; the assassin tak- 
ing advantage of the obscurity of the situation, and 
adroitly mingling with the crowd without. And 
while these scenes were at their worst — while the 
flames were at their highest, and most extensively 
raging — groups might be seen at the several corners 
of the streets, drinking, roaring, reveling — while the 
fiddle and accordeon were playing their popular airs 
among them. There was no cessation of the work 
till 5 A. M. on Saturday. 

Ladies were hustled from their chambers — their 
ornaments plucked from their persons, their bundles 
from their hands. It was in vain that the mother 
appealed for the garments of her children. They 
were torn from her grasp and hurled into the flames. 
The young girl striving to save a single frock, had 
it rent to fibres in her grasp. Men and wornen 
bearing off their trunks were seized, despoiled, in a 
moment the trunk burst asunder with the stroke of 
ase or gun butt, the contents laid bare, rifled of all 
the objects of desire, and the residue sacrificed to the 
fire. You might see the ruined owner, standing 
woe-begone, aghast, gazing at his tumbling dwelling, 
his scattered property, with a dumb agony in his face 
mat was inexpressibly touching. 

" Your watch ! " " Your money ! " was the de- 
mand. Frequently, no demand was made. Rarely, 
indeed, was a word spoken, where the watch or 
chain, or ring or bracelet, presented itself con- 
spicuously to the eye. It was incontinently plucked 
away from the neck, breast, or bosom. Hundreds 
of women, still greater numbers of old men, were 
thus despoiled. The slightest show of resistance 
provoked violence to the per.- on. 

The venerable Mr. Alfred lluger was thus robbed 
in the chamber and presence of his family, anil it) 
the eye of an almost dying wife. He orlered resist- 
ance, and was collaret! and dispossessed by violence. 

We are told that the venerable ex-senator Colonel 
Arthur P. Hayne was treated even more roughly. 

Within the dwellings the scenes were of more harsh 
and tragical character, rarely softened by any ludi- 
crous aspects, as they were screened by the privacy of 
the apartment, with but few eyes to witness. The 
pistol to the bosom or head of woman, the patient 
mother, the trembling daughter, was the ordinary 
introduction to the demand: "Your gold, silver, 
watch, jewels!" They gave no time, allowed no 
pause or hesitation. It was in vain that the woman 
offered her keys, or proceeded to open drawer or 
wardrobe, or cabinet or trunk. It was dashed to 
pieces by axe or gun butt, with the cry, " YVe have a 
shorter way than that!" It was in vain that she 
pleaded to spare her furniture, ami she would give 
up all its contents. 

All the precious things of a family, such as the 
heart loves to pore on in quiet hours when alone with 
memory — the dear miniature, the photograph, the 
portrait — these were clashed to pieces, crushed under 
foot, and the more the trembler pleaded for the 
object so precious, the more violent the rage which 
destroyed it. Nothing was sacred in their eyes, save 
the gold and silver which they bore away. Nor were 
these acts those of common soldiers. Commissioned 
officers, of rank so high as that of colonel, were fre- 



quently among the most active in spoliation, and not 
always the most tender or considerate in the manner 
and acting of their crimes. And, after glutting them- 
selves with spoil, would often utter the foulest 
speeches, coupled with oaths as condiment, dealing 
in what they assumed, besides, to be bitter sarcasms 
upon the cause and country. 

"And what do you think of the Yankees now?" 
was a frequent question. " Do you not iear us now?" 
" What do you think of Secession ?" etc., etc. " We 
mean to wipe you out ! We'll burn the very stones 
of South Carolina!" Even General Howard, who 
is said to have been once a pious parson, is reported 
to have made this reply to a citizen who had expos- 
tulated with him on the monstrous crime of which 
his army had been guilty : " It is only what the 
country deserves. It is her fit punishment ; and if 
this does not quiet Rebellion, and we have to return, 
we will do this work thoroughly. We will not leave 
woman or child." 

There are some horrors which the historian dare 
not pursue — which the painter dare not delineate. 
They both drop the curtain over crimes which hu- 
manity bleeds to contemplate. 

Some incidents of gross brutality, which show how 
well prepared were these men for every crime, how- 
ever monstrous, may be given. 

A lady, undergoing the pains of labor, had to be 
borne out on a mattress into the open air, to escape 
the fire. It was in vain that her situation was de- 
scribed as the soldiers applied the torch within and 
without the house, after they had penetrated every 
chamber and robbed them of all that was either 
valuable or portable. They beheld the situation of 
the sufferer, and laughed to scorn the prayer for her 
safety. 

Another lady, Mrs. J , was but recently con- 
fined. Her condition was very helpless. Her life 
hung upon a hair. The men were apprised of all 
the (acts in the case. They burst into the chamber — 
took the rings from the lady's fingers — plucked the 
watch from beneath her pillow, and so overwhelmed 
her with terror, that she sunk under the treatment — - 
surviving their departure but a day or two. 

In several instances, parlors, articles of crockery, 
and even beds, were used by the soldiers as if they 
were water-closets. In one case, a party used vessels 
in this way, then put them on the bed, fired at and 
smashed them to pieces, emptying the filthy contents 
over the bedding. 

In several cases, newly made graves were opened, 
the coffins taken out, broken open, in search of 
buried treasure, and the corpses left exposed. Every 
spot in graveyard or garden, which seemed to have 
been recently disturbed, was sounded with sword, 
or bayonet, or ramrod, in their desperate search after 
spoil. 



APPENDIX R.— No. I. 
The Hamiton Roads Conference. 

[From the "War Between the States."] 

Hampton Roads Conference — Brief Review of Preceding Mili- 
tary and Political Events — Battle of Chitkamauga — Meade'* 
Attacks on Lee — ('.rant the Coming Man — Panic of Mission, 
ary Ridge — Joseph E. Johnston Supersedes Bragg — Grant 
made Lieulenant-General — Gloom at the Close of the Year 
1863 — Brilliant Confederate Victories Early in 1864, at Ocean 
Pond and Mansfield— Sherman's Expedition to Mobile 






APPENDIX R.— THE HAMPTON ROADS CONFERENCE. 



999 



Checked by Forrest — Sherman Assigned to Command the 
" Onward " into Georgia — The Two Grand Campaigns — 
Presidential Campaign in the North — Grant's Great Losses 
of Men in the Summer Campaign — Johnston Removed and 
Hood Appointed— Battles of Atl-.nta; Its Fall — Hood's Ten- 
nessee Campaign; Battles of Franklin and Nashville — Sher- 
man's March to the Sea — Sheridan Devastates ihe Valley of 
Virginia — Mr. Stephens' Views of the Situation — Blair's 
Visits to Richmond — First Interview with Grant, and Impres- 
sions Made by Him — The Conference and its Results — Fall 
of Fort Fisher — Mr. Davis' Speech at the African Church — 
Last Scenes of the War — Changes in the Confederate Cabinet 
— Grant's Operations : Lee's Lines Broken — Richmond Given 
Up — Lee's Surrender — Lincoln Assassinated — Surrender of 
Johnston, Dick Taylor, and Kirby Smith — End of the War. 

Mr. Stephens. — In the Congressional language, 
Judge Bynum, with which we were so familiar when 
we wee members of the House together, the '■'■special 
order" for this morning is the Hampton Roads Con- 
ference, in February, 1865, about which you desired 
information. 

Judge Bynum. — Yes, that is a matter I feel more 
interest in than the consideration of Battles, Procla- 
mations, Conscript Laws, or anything else pertaining 
either to the causes, character, or general conduct of 
the war. On these topics I think I very clearly per- 
ceive your general views. I am now more interested 
in getting some light upon the efforts which were 
made for stopping it. How did this celebrated Con- 
ference, having these objects, originate ? Who pro- 
jected it, and how did it happen to fail? You must 
have known, at that time, that a further prosecution 
of the war was utterly hopeless. I have seen various 
reports about it. Amongst other things, I have seen 
it stated that Mr Davis again yielded to your wishes 
to attempt negotiations for Peace, but so tied your 
hands with instructions that nothing could be accom- 
plished by it, and that his object in the whole matter 
was to use the failure as a means more effectually to 
arouse the people of the Confederate Stales to re- 
newed efforts and energy, by showing them that 
there were no hopes left for them of attaining Peace, 
except by the sword. How is this? If you have no 
objections to responding to my inquiries, I should 
like to know what your instructions were, and what 
did really occur at the interview, between the Con- 
federate Commissioners, and Mr. Lincoln and Mr. 
Seward, in that Conference. 

Mr. S. — Most of the reports about the Hampton 
Roads Conference are utterly unworthy of notice. It 
wis not intended in its origin or objects to bring about 
direct negotiations for Peace. On this point very er- 
roneous ideas existed at the time, and do yet, perhaps. 

But for a proper understanding of its origin, nature, 
and objects, as well as my connection with it, it is 
essentially necessary that we shall first take another 
rapid glance at the intervening military as well as 
the political events, which occurred between this and 
the other proposed Conference referred to. 1 will 
not worry you with unnecessary details of battles or 
other subjects, but confine myself briefly as possible 
to such points, in both a military and political view, 
as are essential to a proper understanding of the mat- 
ter in hand. 

It must be borne in mind, then, that after the great 
reverses met with by the Confederates at Gettysburg 
and Vicksburg, and after the withdrawal of Lee's 
Army from Pennsylvania — which, with his great skill, 
was safely effected, though Meade then had quite 
two to one at his command against him — everything 
remained comparatively quiet for some time, in a 
military point of view. The political aspect of affairs 
at the North, however, was greatly changed by what 



had occurred. The raid of Morgan into Ohio, as 
well as the invasion of Pennsylvania by General Lee, 
gave new life and vigor to the War Party in all the 
Northern States, but especially in Ohio, Pennsylvania, 
and New York. Mr. Lincoln, by this, was enabled, 
easily, to recruit his armies by volunteers in defence 
of their own homes and firesides, even from the ranks 
of those who were utterly opposed to the policy of 
subjugating the Southern States. The result was, 
that the Anti-War Party at ihe North — those who 
had favored Peace movements — were again put to 
silence under the denunciation of incivism, which 
was hurled against them. The elation caused by 
these late greatest successes which had attended their 
arms during the war, came, as might have been ex- 
pected, to their aid in the fall elections. In the 
political contest in 1863, therefore, the War Party 
proper, recovering from its wound, regained all that 
it had lost the year before. Vallandigham was beaten 
in Ohio, and in a large majority, if not all of the 
States, |the Centralists were again triumphant. So 
much for the political aspect just now. Let us leave 
it a moment to glance iurlher at military operations. 

While Lee was still holding Meade at bay in Vir- 
ginia, Rosecrans, at the head of the Army of the 
Cumberland, greatly reinforced, was projecting an 
attack upon Chattanooga, and a campaign thence to 
Atlanta and through Georgia. To defeat this most 
dangerous movement, Lee sent about 5,000 of his 
army to the assistance of Bragg, who, at the head of 
the Confederates, was now confronting Rosecrans. 
The result was the great battle of Chickamanga, 
fought on the 20th of September, 1863, where the 
Confederate arms under Bragg, D. H. Hill, Long- 
street and Hood, again achieved a most brilliant vic- 
tory. Rosecrans was not only checked, but almost 
routed. His army was saved by seeking protection 
behind the fortifications in and around Chattanooga. 
The united forces on the Confederate side, in the bat- 
tle of Chickamauga, were about 40,000, while the 
Federals under Rosecrans, numbered, from the best 
accounts, fully 55,000. The Confederate loss was 
heavy — not less than 16,000; while the Federal loss 
was fully 20,000 men (S, 000 of whom were prisoners), 
besides 49 pieces of artillery, and 15,000 small arms. 

After this terrible conflict, military affairs were 
again comparatively quiet for a time, both in the East 
and the West. Rosecrans remained behind his works 
at Chattanooga, and Bragg confronted him on Mis- 
sionary Ridge. In Virginia, however, matters were 
not quite so still. Meade made several attempts to 
assail Lee's weakened army, reduced, as it was, by 
the absence of Longstreet's corps. The most noted 
of these were at Centreville, Bristoe Station, and Mine 
Run. These resulted in no serious loss to Lee. 

In the meantime, Grant, who, from his exploits at 
Vicksburg, was now fully recognized as "the coming 
man," had been put at the head of all the South- 
western Federal forces, and given the control of the 
movement into Georgia from Chattanooga. Rose- 
crans, having fallen out of favor at Washington, had 
been removed, and Major-General G. H. Thomas put 
in his place at Chattanooga, he being himself, how- 
ever, now under the chief command of Grant. About 
this time, most unfortunately for the Confederates, 
there was a separation of their forces near Missionary 
Ridge, when there should have been every possible 
concentration of them. Longstreet was sent upon an 
expedition against Knoxville, where, on the 17th of 
November, he made an unsuccessful assault upon the 



IOOO 



APPENDIX R.— THE HAMPTON ROADS CONFERENCE. 



Federals there strongly fortified, sustaining consider- 
able loss, and accomplishing nothing. While Bragg 
was thus weakened by the absence of Longstreet's 
command, Grant, very adroitly, and with consummate 
skill, by a concentration of his forces, planned and 
executed those movements which resulted in his most 
memorable victory, known as the Battle of Missionary 
Ridge. This was fought on the 25th day of Novem- 
ber. Bragg's army was completely routed. This was 
the greatest disaster which attended the Confederate 
arms in a pitched battle during the war : not so much 
in the loss of men (for that was only about 3,000), as 
in the loss of ground and the demoralization of his 
broken columns. Having lost the confidence of his 
men, he was, upon his own application, relieved from 
the command of the Army of Tennessee. This posi- 
tion was now, upon the earnest remonstrance and en- 
treaty of many persons high in authority, committed 
to the military genius of General Joseph E. Johnston, 
who, for some cause not necessary to mention, had 
theretofore been out of favor with Mr. Davis. His 
presence at the head of the shattered forces now com 
posing this army, gave new hopes and inspired new 
zeal in the ranks. All his energies were devoted for 
some months to recruiting and strengthening his com- 
mand. The winter thus passed off. 

Meantime, the office of Lieutenant-General was 
created by the Federal authorities, and General 
Grant was the man who, by almost universal acclaim, 
was designated to fill it. His nomination to that post 
by Mr. Lincoln was, of course, confirmed by the 
Senate. He was thus put at the head of all the 
Armies of the United States, and had, thereafter, the 
general control of all military operations on land. 
His headquarters were immediately transferred to the 
Army of the Potomac. Thus matters stood on both 
sides, during the remainder of the third year of the 
war. 

The prospect upon its close, in a military point of 
view, was gloomier for the Confederates than it had 
been at the close of any that had preceded it. This 
heavy gloom, however, did not rest upon their horizon 
long. The beginning of operations in the fourth 
year soon changed the aspect of affairs in this par- 
ticular, and gave great encouragement to the Confed- 
erates. This year was ushered in, even in its dawn, 
by the splendid victory at Ocean Pond, Florida, on 
the 20th of February, achieved under the lead of 
Brigadier-General Alfred H. Colquitt, against Gen- 
eral Truman Seymour, commanding the Federals. 
With less than 5,000 men, Colquitt put Seymour to 
rout, with more than 6,000, killing, wounding and 
capturing 2,500 men, and taking three Napoleon 
guns, two ten-pounder Parrots, and 3,000 stand-of- 
arms. This was followed immediately by the great 
victories achieved by General VI. Kirby Smith and 
General " Dick " Taylor, over General Banks in the 
West. In the early part of March, Banks had set 
out from New Orleans on an expedition to Texas, by 
way of Shreveport, with forces at his command num- 
bering in all not less than 40,000. These were at- 
tacked in detail by Smith and Taylor at Mansfield 
and Pleasant Hill, at which places they utterly routed 
the Federal forces, and drove li.inks back as precipi- 
tately as he had been driven from Winchester in 
1S62, by " Stonewall " Jackson. In this expedition. 
Banks lost in prisoners, 6,000, in killed and wounded, 
8,000, in all 14,000 men, besides thirty-five pieces of 
artillery, 20,000 small arms, one hundred and twenty 
wagons, one gunboat, and three transports. The Con- 



federate forces operating against Banks, in all, did 
not exceed 25,000 men. 

A luile before this, General William T. Sherman 
had set out on his grand projected expedition to Mo- 
bile through Mississippi and Alabama. This most 
formidable and threatening movement was completely 
checked by several brilliant cavalry exploits of Major- 
General N. B. Forrest — particularly the one at Oko- 
lona on the 22d of February — the opening day of the 
fourth year of the war. Sherman's army, estimated at 
50,000, was thus stopped at Meridian, Mississippi. 
From this point he retraced his steps to Vicksburg, 
and by Grant was put at the head of a new army to 
make another " onward" upon Atlanta and through 
Georgia. 

Two grand campaigns were now again clearly de- 
veloped by the Federals, for the summer of 1S64, as 
in 1S63 — one against Richmond under Grant himself 
— the other against Atlanta under Sherman. To 
Grant's movement Lee was opposed in Virginia; and 
to Sherman's, Johnston in Georgia. To the move- 
ments of these two great armies, the chief attention 
and energies on both sides were now directed. This 
was the general military situation in the early part of 
May, 1864. 

The political aspect, at the same time, requires a 
brief notice in the same connection. The Presiden- 
tial Campaign in the Northern States was opening. 
The Constitutional Party there was again active. 
They were resolved to make another desperate 
struggle, and to displace the Centralists from power 
by voles, if possible. Several circumstances favored 
the prospect of their success at first. There was con- 
siderable division in the ranks of the Centralists, as 
to who should be their standard-bearer in the contest. 
Mr. Lincoln had strong and powerful opponents to 
his nomination in his own party. These, in Conven- 
tion on the 31st of May, put in nomination for the 
Presidency, General John . C. Fremont, and for the 
Vice-Presidency, John Cochrane, of New York. 
The friends of Mr. Lincoln met in Convention at 
Baltimore, a week afterwards, on the 7th of June, and 
put him in nomination for re-election, with Andrew 
Johnson, of Tennessee, for the Vice-Presidency. 
Fremont was subsequently withdrawn, and Lincoln 
left without opposition from his own party. 

The Democratic or Constitutional Party postponed 
their Convention from the 4th of July, when it was to 
have been held, to the 29th of August, when, at Chi- 
cago, as before stated, they put in nomination for the 
Presidency, General George B. McClellan, and for 
the Vice-Presidency, George H. Pendleton, of Ohio, 
upon a platform boldly denouncing the usurpations 
of the Washington authorities, opposing the policy of 
subjugating the Southern States, declaring the war to 
be a failure in preserving the Union of the States as 
it was established under the Constitution, and inviting 
a general Convention of all the State s, for a proper 
adjustment of the relations between them. 

It wns, you recollect, on the policy of our piving a 
favorable response to these resolutions of the Chicago 
Convention, looking to a general convocation of all 
the States, as an initiative step for a final adjustment 
of the matters in conflict, that I so widely differed 
with Mr. Davis during this year. The contest, 
however, fierce and bitter as it was, resulted, as 
is known, in the success of Mr. Lincoln to the 
Presidency, and Mr. Johnson to the Vice- Presi- 
dency, at the election which took place on the 8th 
day of November. The various causes which co- 



APPENDIX P.— THE HAMPTON ROADS CONFERENCE. 



IOOI 



operated in producing this result, we will not now 
stop to notice. 

Let us return, therefore, to military movements. 
Before either of these nominations had taken place, 
the two great campaigns of this year, before referred 
to, had commenced; both at or near the same time. 
This was in the early part of May. The general re- 
sults of these need be but glanced at. Lee, with his 
most masterly military genius, with less than 60,000 
men, not only held Grant in check with an army of 
over 100,000 present, and as many more, perhaps, 
in his rear to draw upon for reinforcements, but en- 
tirely defeated all the plans and purposes of this favor- 
ite General of the Federals. In a series of battles 
beginning on the 6th of May, and ending the I2lh of 
June — first in the Wilderness, then at Spottsylvania 
Court-House, then at North Anna, and then at Cold 
Harbor, which will ever stand amongst the most 
memorable of history, he sent Grant and his hosts, as 
he had McClellan and his before, swinging around 
upon the same new base — James river — where the 
Federal Chief, with his headquarters established at 
City Point, continued ineffectual efforts, first to take 
Petersburg as a step towards Richmond, until winter 
closed upon the scenes. In this campaign, according 
to Mr Swinton, Grant lost from the 6th of May to 
the 1 2th of June, in his progress from the Rapidan to 
Cold Harbor alone, 54,551 men. His losses by the 
time he reached Petersburg were not less than 60,000 
— a number equal to Lee's entire army. 

While these operations were going on in Virginia, 
Johnston, with an equal masterly skill, with about 
45,000 men, was checking, delaying and defeating 
Sherman in his "onward" to Atlanta, with an army 
equal in number and strength to that of Grant's. For 
more than two months he had been enabled to pro- 
ceed but about one hundred miles on his grand 
march, and at a loss not much, if any, inferior to that 
of Grant; notwithstanding the great disparity of 
forces on the respective sides, Sherman had been 
checked, foiled, and balked at various points by the 
manoeuvres, strategy, and consummate generalship 
of Johnston. On the 17th day of July, however, 
Johnston was removed, and Major-General John B. 
Hood put in his place. Within a few days afterwards 
— on the 20th aid 22d of July — were fought the 
great battles of Atlanta. Hood, with unequal forces, 
attacked the Federals under great disadvantages, as 
it turned out, and in two most gallant and bloody 
assaults lost, in all, about 8,000 men, without carry- 
ing any point, or inflicting any serious injury upon his 
adversary. 

On the 31st of August, he gave up the city and re- 
tired towards Newnan. Sherman took possession of 
his prize on the 2d of September. Soon after, Hood, 
in a new position, projected his famous Tennessee 
Campaign. This was commenced on the 28th day 
of September. His army at this time, after all the 
recruits which could be brought to its ranks, amounted 
to about 35,000. The result of this Tennessee move- 
ment, as is known, was the battles of Franklin and 
Nashville. The battle of Franklin was fought on the 
30th of November. In this, Hood gained a signal 
victory, though at considerable loss. The battle of 
Nashville was fought on the 15th and 16th of Decem- 
ber. It lasted two days. The Confederates here 
were, finally, utterly defeated and almost routed by 
Thomas, whom Sherman had left in his rear, with 
forces amply sufficient to meet this meditated blow 
erf Hood, of which he was fully apprised. 



In the meantime, Sherman, after destroying and 
burning Atlanta, had set out anew from that point (on 
the 15th of November), on his grand march to the 
sea, with an army of 65,000 men. As there was no 
sufficient Confederate force to oppose him, he passed 
through the State almost unmolested,* laying waste 
the country in a belt of nearly thirty miles in breadth, 
and reached Savannah on the 22d of December, 1864. 
In the meantime, also, Sheridan, the most dashing and 
fiery of the Federal generals, had made his Valley 
campaign in Virginia, defeating the Confederates un- 
der Early, and laying waste that most beautiful coun- 
This rapid glance must suffice for the general aspect 
of affairs, both militarily and politically, up to Janu- 
ary, 1865. The prospect at this time, it is true, was 
exceedingly gloomy for us; but I did not then con- 
sider our cause .as utterly hopeless, notwithstanding. 
I thought the great object might even yet be attained, 
but I was deeply impressed by the conviction, that 
it could be done only by an immediate and thorough 
change in the policy of the administration, both in- 
ternally and externally. Being requested by the Sen- 
ate to give them my views on the situation, in a close 
session, I complied in a speech of considerable length, 
which was never reported. The sum and substance 
of it, however, was that cur policy, both internally 
and externally, should be speedily and thoroughly 
changed. Conscription, impressments, suspension of 
the writ of habeas corpus, and all those measures 
which tended to dispirit our people in the great cause 
for which they were struggling, should be immedi- 
ately abandoned. The resources of the country, both 
of men and subsistence, should be better husbanded 
than they had been. Proclamation should be made 
inviting back to the army all who had left it without 
leave, and all who were then subject to conscription, 
to come under chosen leaders of their own. In this 
way I believed Price and Johnston, to say nothing of 
others, would, in thirty days, bring to their ranks 
more than the conscript bureau had, by compulsory 
process, brought from the beginning. Men who 
should so come would never desert, and might be re- 
lied on to fight when they did come. 

I reminded them of what they knew had been my 
opinions upon these subjects from the beginning : that 
the policy of holding posts or positions against be- 
sieging armies, as well as of engaging in pitched bat- 
tles, should not be pursued. We could not match our 
opponents in numbers, and should not attempt to cope 
with them in direct physical power. War was a col- 
lision of forces, and in this, as in mechanics, the 
greater momentum must prevail. Momentum, how- 
ever, was resolvable into two elements — quantity of 
matter and velocity. The superior numbers — the 
quantity of matter in this instance — was on the other 
side; and to succeed in the end, we must make up 
the other requisite element of momentum, not only by 
the spirit, animation, and morale of our unequal num- 
bers, but by their skilful movements, and by other 
resorts which were at our command. These consisted 

* At Griswoldville, on the 11A of November, quite a bloody 
encounter took place between the Federal brigade of Genera] 
Walcott, who was demonstrating towards Macon, and a few 
Georgia Reserves at that place un ler the command of (iener.il 
Cobb. This conflict, considering the relative forces engaged, 
as well as the valor displayed in it, is justly entitled to a place 
amongst the heroic fights of the war. Several hundred fell in 
it, and G.i ecal Walcott himself was wounded. But, however 
great w.i> the honor reflected upon the Confederate arms l>y this 
engagement, it had no eff ct whatever in checking or thwarting 
the movement of the grand army of Sherman in its progress. 



1002 



ATTEND IX R.— 7HE HAMPTON ROADS CONFERENCE. 



in the many advantages which an invaded people have 
over invaders. The policy of Johnston from Dalton 
to the Chattahoochee was the right one. To preserve 
the lives of our arms-bearing men, was itself a matter 
of the utmost importance. Our supply of these was 
limited, while that of our opponents was inexhaustible. 
They could afford to lose any number of battles, with 
great losses of men, if they could thereby materially 
thin iiur ranks. In this way, by attrition alone, they 
would ultimately wear us out. The leading object 
should be to keep an army in the field, and to keep the 
standard up somewhere, wherever it could be done, 
without offering battle except where the advantages 
were decidedly in our favor. If in pursuing this course 
now, of retiring when necessary, instead of offering or 
accepting battle, as stated, our whole country should be 
penetrated, and should even be laid waste, as the Val- 
ley of Virginia and the smoking belt in Georgia had 
been by Sheridan and Sherman, these devastations 
would be borne by our people, so long as their hearts 
were kept enlisted in the cause. On this line of in- 
ternal policy, our standard might even yet be kept up 
for at least a year or two longer — perhaps for a period 
far beyond that; and, in the meantime, by a change 
of our external policy towards the masses of the peo- 
ple at the North, a reaction might reasonably be ex- 
pected to lake place there. A financial revulsion 
there might be certainly expected in less than two 
years. The depreciation of their currency had already 
reached a point which was quite alarming to capital- 
ists. Greenbacks had already sold in New York at 
nearly three for one in gold. When the crash did 
come, as soon it must, the effects would be, politically, 
as well as in other respects, tremendous. At that 
time they could not be even properly conjectured ; but 
when it did come, then with a proper policy towards 
the million eight hundred thousand and more of the 
other side, who had so recently and decidedly demon- 
strated their opposition to the Centralists in the late 
election, we might through them — thoroughly aroused 
to a sense of their own danger — look for a peaceful 
adjustment upon a basis which would best secure both 
their liberties and ours. My opinion was, that by 
pursuing this course, we might, in the end, succeed 
in the Cause for which we were struggling, without 
relying solely upon the sword. 

The policy thus stated necessarily involved the 
abandonment of a continued attempt to hold Rich- 
mond. This, however, I did not state in express 
terms in my speech to the Senate. I only left all to 
draw their own inferences. To Mr. Davis alone I 
submitted the propriety and necessity of this course ; 
for I knew if he could not first be brought to see it, it 
Would be not only useless, but, most probably, exceed- 
ingly injurious in the then state of the public mind, 
to mention it to others. When the subject was men- 
tioned to him, his reply in substance was, that the 
abandonment of Richmond would be a virtual aban- 
donment of the Cause. 

Now, it was in this stage of our affairs, early in 
January, 1865, in the midst of winter, when everything 
was comparatively quiet on the lines of defence around 
Richmond, and before Sherman had set out from Sa- 
vannah, on his march through the Carolinas, that Mr. 
Francis P. Blair, Sr., made his appearance in the Con- 
federate Capital. The arrival of this distinguished 
personage, who was, unquestionably, the master 
spirit — the real Warwick — of the party then in power 
at Washington, caused no little sensation. What 
could have brought him there ? And what was his 



business ? These were the inquiries of almost every 
one. He was immediately in close and private con- 
sultation with Mr. Davis. After remaining a few 
days, he returned. Nothing, however, touching the 
object of his visit escaped from the Executive closet, 
or got to the public in any way. The surprise occa- 
sioned by his first visit was even increased by a second 
in a few days afterwards. He was again in consulta- 
tion with Mr. Davis, and again returned. The same 
mystery still continued to hang over the object of his 
mission. 

It was then, you must know, in these interviews 
between Mr. Davis and Mr. Blair, which excited so 
much curiosity and comment at the time, that this 
Hampton Roads Conference originated ; and as to its 
objects, how I became connected with it, what oc- 
curred at it, and its results, I will now proceed to in- 
form you in regular order : 

1st. Its objects, and how I became connected with 
it. 

On the day after Mr. Blair's final departure, I was 
sent for by Mr. Davis, with a request to meet him at 
a stated hour, on special and important business. He 
wished the interview to be entirely private, and there- 
fore named the hour when he would be disengaged 
and ready to receive me. The message came through 
Mr. Hunter, who told me what the business was. I 
called at the hour, and found Mr. Davis alone. He 
said he wished what he should submit to be strictly 
confidential. He had mentioned it, as yet, to no one, 
except Mr. Hunter — not even to any member of his 
Cabinet; but had requested the Cabinet to meet him 
at four o'clock that evening, in consultation upon it, 
and wished to be in possession of my views before- 
hand. 

The substance of what he then stated was, that Mr. 
Blair, in a verbal and most confidential manner, had 
suggested to him a course by which a suspension of 
hostilities mi«ht be effected. This was to be done by 
a Secret Military Convention between the belligerents, 
embracing another object, which was the maintenance 
of the Monroe Doctrine, in the prevention of the es- 
tablishment of the then projected empire in Mexico 
by France. Mr. Davis stated that Mr. Blair had given 
it as his opinion, that the result of what he proposed 
would be the ultimate restoration of the Union, which 
he greatly desired ; and (hat it was much more in ac- 
cordance with his wishes that it should be effected in 
this way, than by a continued prosecution of the war 
to its extreme results. Mr. Davis gave me clearly to 
understand that he understood Mr. Blair to be acting 
under the firm belief that the attempt of the Confed- 
erate States to establish a separate independence would 
certainly fail in the end. This he did that I might be 
fully informed as to the candidly professed objects of 
the proposition. He also submitted, somewhat in de- 
tail, a programme suggested by Mr. Blair, for carrying 
the general outlines of his scheme into practical oper- 
ation. Now, whether Mr. Blair's ideas as to the ulti- 
mate result of such military convention, if it should be 
entered into — so far as they related to the restoration 
of the Union — were correct or not, and whether his 
wishes in this particular would be finally attained by 
the line of policy he proposed, was a grave question 
for mature consideration, as well as the general sub- 
ject itself; and what Mr. Davis wished to confer with 
me about was, whether or not it was advisable to enter 
into the arrangement at all, under the circumstances; 
and especially in view of the contingency of such a 
result as that contemplated by Mr. Blair : and if I were 



APPENDIX P.— THE HAMPTON POADS CONEEPEA'CE. 



IOO3 



of opinion that it was proper to do so, then who would 
be the most suitable persons to whom the matter should 
be committed? He showed me the two letters that 
had passed between Mr. Lincoln and himself through 
the medium of Mr. Blair, which have been published. 
These, however, were only intended to cover the other 
undisclosed object. 

I inquired it he thought Mr. Blair was really in 
the confidence of the Administration at Washington, 
and fully represented their views on the subject. He 
said that Mr. Blair had expressly disclaimed speaking 
by authority, but assured Mr. Davis that he believed 
the Administration would be willing to enter into such 
an arrangement ; and Mr. Davis, in reply to my in- 
quiry, said that he felt assured, notwithstanding what 
Mr. Blair had said of his acting in the matter of his 
own accord, that the Administration at Washington 
did, in fact, fully understand the object of Mr. Blair's 
mission, and would act in accordance with the views 
he had presented. 

In that view of the subject, I promptly told him that 
I thought the programme suggested by Mr. Blair 
should be acceded to, at least so far as to obtain, if 
possible, a Conference upon the subject as proposed. 
Perhaps such a Convention might be obtained, secur- 
ing a suspension of hostilities, without committing us 
to an active participation in the maintenance of the 
Monroe Doctrine. If so, it was an object of very 
great importance to us; and the agitation of the 
Monroe Doctrine, and the diversion of the popular 
mind at the North to the questions involved in it, 
might, itself, result in great benefit to our Cause. 
Whether Mr. Blair was right in his ideas as to the 
ultimate result or not, was, of course, uncertain ; but 
this result, to which he was looking, was not neces- 
sarily involved in it. Moreover, if such result should 
ensue, it would be by the voluntary assent of the Con- 
federate States, and this would secure the success of 
the Principles for which we were struggling. In 
every view, this was a matter which could safely 
be left to the future. Upon the whole, therefore, 
I was in favor of the Conference, if it could be 
obtained. 

I went on fur her to say, that if there was really 
anything authoritative in the arrangement proposed ; 
if in truth and in fact, Mr. Lincoln were then, or 
should be on its direct presentation, favorably inclined 
to the course suggested, such a Convention, it seemed 
to me, could not be effected without the utmost dis- 
cretion and the most perfect secrecy. Mr. Davis said 
in reply to this, that Mr. Blair had been very particu- 
lar in stating the same thing. 

Well then, said I, Mr. President, looking to the 
question in all its bearings, in my judgment, you and 
Mr. Lincoln, yourselves, are the persons who should 
hold the Conference. You and he can easily be 
brought together near City Point, without anybody 
knowing it except General Lee and General Grant. 
To this he decidedly objected, and said that the mat- 
ter, if it should be decided to hold the Conference, 
ought to be put in the hands of at least three Com- 
missioners. 

When he was so decided on that point, after some 
moments' reflection, I said that the C mimission should 
be composed of men of ability and discretion, and 
also of persons whose absence from the city would not 
attract public attention. Looking to these three re- 
quisites, I then suggested as the Commissioners, Judge 
John A. Campbell, of Alabama, then Assistant-Sec- 



retary of War,* General Henry L. Benning, Ex-Jus- 
tice of the Supreme Court of Georgia, then command- 
ing a brigade within a few miles of City Point, and 
Thomas S. Flournoy, of Virginia, a gentleman of dis- 
tinguished ability, and well known personally to Mr. 
Lincoln. This gentleman, to my knowledge, I stated, 
had reached the city the night before, expecting to 
remain only a day or two, and hence his leaving 
would give rise to no inquiry or comment. 

To all these suggestions, both as to qualifications 
and the persons possessing them, he yielded his ready 
assent, and I supposed the whole matter would be 
thus arranged, for I did not think the Cabinet would 
object to what Mr. Davis so cordially approved. Our 
conversation — begun on this subject and continued 
on others — lasted until the arrival of the Cabinet was 
announced. 

I heard nothing more of the matter until next day, 
when being sent for again by the President, I then, 
for the first time, learned that the result of the Cabinet 
consultation the evening before, was, that the Confer- 
ence should be proposed, and that Mr. Hunter, Judge 
Campbell, and myself should be the Commissioners. 
It is, perhaps, unnecessary to say that I was very much 
surprised at this. I urged and insisted upon the im- 
propriety of myself and Mr. Hunter being on the 
Commission — especially myself, for my absence as 
Presiding Officer of the Senate, would, of course, be 
noticed, and inquiries would almost certainly be made 
as to where I was. The same reason applied to some 
extent, though not to its full, to Mr. Hunter, who was 
one of the most prominent as well as active members 
of the Senate ; but the objection applied with more 
than double force to the appointment of us both. For, 
in case of my absence barely, he, of course, would 
take the Chair, as he was the President pro tetnpore, 
and this might, perhaps, pass off without special no- 
tice ; but for both of us to be absent at the same 
time — an event which had never occurred — would 
necessarily create inquiries as to the cause of our ab- 
sence. The Rules of the Senate would have to be 
changed to meet the case — a contingency that had not 
even been provided for, and some satisfactory reason 
would have to be given for an occurrence so extra- 
ordinary. 

I, therefore, with great earnestness, insisted that 
this arrangement should be abandoned, if anything 
was expected to be accomplished by it. My efforts 
to have it changed, however, were of no avail. The 
President and Cabinet persisted in the selection of 
the Commissioners which they had agreed upon ; so, 
in this instance, as in the other referred to, my judg- 
ment was yielded to theirs. 

The arrangement was, for the Commissioners to set 
out the next day, by way of Petersburg. I urged upon 
the President the importance of having it seen to, 
that no allusion to the Commission should be pub- 
lished in the city papers. 

According to the arrangement stated, the Commis- 
sioners next day, the 29th of January, proceeded as 
far as Petersburg. There we addressed Lieulenant- 
General Grant the letter of the 30th, which has been 
published, asking permission to cross the Federal 
lines. In reply, we received from him a communi- 
cation, dated at Head-quarters, Army of the United 
States, January 31, 1S65, signed by him as Lieutenant- 



* Ex-Justice U. S. Supreme Court — the same whose name 
appears in couuectioa with the first P^ce Commission at Wash- 
iactODa 



ioo4 



APPENDIX P.— THE HAMPTON ROADS CONFERENCE. 



General, and addressed to us at Petersburg. This has 
never yet been published, so far as I know ; and as it 
was upon this we passed the Federal lines at Peters- 
burg, I will read it : 

" Gentlemen : Your communication of yesterday, 
requesting an interview with myself, and a safe-con- 
duct to Washington and return, is received. 

" I will instruct the commanding officers of the 
forces near Petersburg, notifying you at what part of 
the lines, and the time when and where, conveyances 
will be ready for you. 

" Your letter to me has been telegraphed to Wash- 
ington for instructions. I have no doubt that before 
you arrive at my head-quarters, an answer will be re- 
ceived, directing ine to comply with your request. 
Should a different reply be received, I promise you a 
safe and immediate return within your own lines. 
" Yours, very respectfully." 

In pursuance of this letter we were met on the even- 
ing of the same day at that part of the lines at which 
we had, in the meantime, been notified to appear at 4 
o'clock, by an escort under the conduct of Lieutenant- 
Colonel Pabcock of General Grant's staff, and were 
conveyed by railroad to City Point. Upon reaching 
that place we were immediately taken to the head- 
quarters of the commander-in-chief. Here, for the 
first time, I met General Grant himself. 

Major Heister. — What impression did he make 
upon >ou on first acquaintance? How did he com- 
pare with General Lee in your estimation ? 

Mr. Stephens. — Why, sir, the idea of drawing a 
comparison between them did not occur to me. I 
should just as soon have thought of drawing a com- 
parison between Louis Napoleon and Washington. 
Put in answer to your question as to what impression 
he made upon me, I will say, in the first place, that I 
was never so much disappointed in my life, in my 
previously formed opinions, of either the personal 
appearance or bearings of any one, about whom I 
had read and heard so much. The disappointment, 
moreover, was in every respect favorable and agree- 
able. I was instantly struck with the great simplicity 
and perfect naturalness of his manners, and the en- 
tire absence of everything like affectation, show, or 
even the usual military air or mien of men in his 
position. He was plainly attired, sitting in a log- 
cabin, busily writing on a small table by a kerosene 
lamp. It was night when we arrived. There was 
nothing in his appearance or surroundings which in- 
dicated his official rank. There were neither guards 
nor aids about him. Upon Colonel Pabcock's rap- 
ping at his door, the response, " Come in," was given 
by himself, in a tone of voice, and with a cadence, 
which I can never forget. 

His conversation was easy and fluent, without the 
least effort or restraint. In this, nothing was so closely 
noticed by me as the point and terseness with which 
he expressed whatever he said. He did not seem 
either to court or avoid conversation, but whenever he 
did speak, what he said was directly to the point, and 
covered the whole matter in a few words. I saw be- 
fore being with him long, that he was exceedingly 
quick in perception, and direct in purpose, with a vast 
deal more of brains than tongue, as ready as that was 
at his command. 

We were here with General Grant two days, as the 
correspondence referred to shows. He furnished us 
with comfortable quarters on board one of his despatch 



boats. The more I became acquainted with him the 
more I became thoroughly impressed with the very 
extraordinary combination of rare elements of char- 
acter which he exhibited. During the time he met 
us frequently, and conversed freely upon various sub- 
jects, not much upon our mission. I saw, however, 
very clearly, that he was very anxious for ihe proposed 
Conference to take place, and from all that was said I 
inferred — whether correctly or not, I do not know — 
that he was fully apprised of its proposed object. He 
was, without doubt, exceedingly anxious for a termi- 
nation of our war, and the return of peace and har- 
mony throughout the country. It was through his 
instrumentality mainly, that Mr. Lincoln finally con- 
sented to meet us at Fortress Monroe, as the corre- 
spondence referred to shows. 

Put in further response to your inquiry, 1 will add : 
that upon the whole the result of this first acquaint- 
ance with General Grant, beginning with our going 
to, and ending with our return from Hampton Roads, 
was, the conviction on my mind, that, taken all in all, 
he was one of the most remarkable men 1 had ever met 
with, and that his career in life, if his days should be 
prolonged, was hardly entered upon ; that his char- 
acter was not yet fully developed ; that he himself 
was not aware of his own power, and that if he lived, 
he would, in the future, exert a controlling influence 
in shaping the destinies of this country, either for 
good or for evil. Which it would be, lime and cir- 
cumstances alone could disclose. That was the opin- 
ion of him, then formed, and it is the same which has 
been uniformly expressed by me ever since. This, 
Major Heister, is all I can now say in answer to your 
question, 

After Mr. Lincoln's telegram to him that he would 
meet us at Fortress Monroe, which General Grant 
brought to us himself, with evident indications of 
hi^h gratification, he immediately started us on one 
of his despatch boats. We reached the Roads in the 
evening of the same day. We remained on board 
the steamer which anchored near the fort. Mr. Lin- 
coln arrived in another steamer during the night, 
which anchored not far off. Mr. Seward, as is 
known, had been sent on a day or two in advance. 
So much then for the first point as to the objects, and 
how I became connected with this Conference. 

2d. We come now to the Conference itself, and 
what occurred at it. 

The interview took place in the saloon of the 
steamer, on board of which were Mr. Lincoln and 
Mr. Seward, and which lay at anchor near Fortress 
Monroe. The Commissioners were conducted into 
the saloon first. Soon after, Mr. Lincoln and Mr. 
Seward entered. After usual salutations on the part 
of those who were previously acquainted, and intro- 
ductions of the others who had never met before, con- 
versation was immediately opened by the revival of 
reminiscences and associations of former days. 

This was commenced by myself addressing Mr. 
Lincoln, and alluding to some of the incidents of our 
Congressional acquaintance — especially, to the part 
we had acted together in effecting the election of 
General Taylor in 1848. To my remarks he re- 
sponded in a cheerful and cordial manner, as if the 
remembrance of those times, and our connection with 
the incidents referred to, had awakened in him a train 
of agreeable reflections, extending to others. Mutual 
inquiries were made after the fate and well-being of 
several who had been our intimate friends and active 
associates in a " Congressional Taylor Club," well 



APPENDIX P.— THE HAMPTON POADS CONFERENCE. 



IOO5 



known at the time. I inquired especially after Mr. 
Truman Smith, of Connecticut, and he after Mr. 
Toombs, William Ballard Preston, Thomas S. Flour- 
nay, and others. With this introduction I said in 
substance: Well, Mr. President, is there no way of 
putting an end to the present trouble, and bringing 
about a restoration of the general good feeling and 
harmony then existing between the different States 
and sections of the country ? 

Mr. Seward said : It is understood, gentlemen, that 
this is to be an informal Conference. There is to be 
no clerk or secretary — no writing or record of any- 
thing that is said. All is to be verbal. 

I, speaking for the Commissioners, said that was 
our understanding of it. To this all assented, where- 
upon I repeated the question. 

Mr. Lincoln in reply said, in substance, that there 
was but one way that he knew of, and that was, for 
those who were resisting the laws of the Union to 
cease that resistance. All the trouble came from an 
armed resistance against the national authority. 

But, said I, is there no other question that might 
divert the attention of both parties, for a time, from 
the questions involved in their present strife, until the 
passions on both sides might cool, when they would 
be in better temper to come to an amicable and proper 
adjustment of those points of difference out of which 
the present lamentable collision of arms has arisen ? 
Is there no Continental question, said I, which might 
thus temporarily engage their attention ? We have 
been induced to believe that there is. 

Mr. Lincoln seemed to understand my allusion in- 
stantly, and said in substance : I suppose you refer to 
something that Mr. Blair has said. Now it is proper 
to state at the beginning, that whatever he said was of 
his own accord, and without the least authority from 
me. When he applied for a passport to go to Rich- 
mond, with certain ideas which he wished to make 
known to me, I told him flatly that I did not want to 
hear them. If he desired to go to Richmond of his 
own accord, I would give him a passport ; but he had 
no authority to speak for me in any way whatever. 
When he returned and brought me Mr. Davis' letter, 
I gave him the one to which you alluded in your ap- 
plication for leave to cross the lines. I was always 
willing to hear propositions for peace on the condi- 
tions of this letter and on no other. The restoration 
of the Union is a sine qua 71011 with me, and hence 
my instructions that no conference was to be held 
except upon that basis. 

From this I inferred that he simply meant to be 
understood, in the first place, as disavowing whatever 
Mr. Blair had said as coming authoritatively from 
him; and, in the second place, that no arrangement 
could be made on the line suggested by Mr. Blair, 
without a previous pledge or assurance being given, 
that the Union was to be ultimately restored. 

After a short silence, I continued : But suppose, 
Mr. President, a line of policy should be suggested, 
which, if adopted, would most probably lead to a res- 
toration of the Union without further bloodshed, 
would it not be highly advisable to act on it, even 
without the absolute pledge of ultimate restoration 
being required to be first given ? May not such a 
policy be found to exist in the line indicated by the in- 
terrogatory propounded ? Is there not now such 
a Continental question in which all the parties engaged 
in our present war feel a deep and similar interest? 
I allude, of course, to Mexico, and what is called the 
" Monroe Doctrine '' — the principles of which are 



directly involved in the contest now waging there. 
From the tone of leading Northern papers and from 
public speeches of prominent men, as well as from 
other sources, we are under the impression that the 
Administration at Washington is decidedly opposed 
to the establishment of an empire in Mexico by 
France, and is desirous to prevent it. In other 
words, they wish to sustain the principles of the Mon- 
roe doctrine, and that, as I understand it, is, that the 
United States will maintain the right of self-govern- 
ment to all peoples on this continent, against the do- 
minion or control of any European power. 

Mr. Lincoln and Mr. Seward both concurred in 
the expression of opinion that such was the feeling 
of a majority of the people of the North. 

Could not both parties then, said I, in our contest, 
come to an understanding and agreement to postpone 
their present strife, by a suspension of hostilities be- 
tween themselves, until this principle is maintained 
in behalf of Mexico ; and might it not, when success- 
fully sustained there, naturally, and would it not al- 
most inevitably, lead to a peaceful and harmonious 
solution of their own difficulties ? Could any pledge 
now given, make a permanent restoration or re-organ- 
ization of the Union more probable, or even so prob- 
able, as such a result would ? 

Mr. Lincoln replied with considerable earnestness, 
that he could entertain no proposition for ceasing 
active military operations, which was not based upon 
a pledge first given, for the ultimate restoration of the 
Union. He had considered the question of an 
Armistice fully, and he could not give his consent to 
any proposition of that sort, on the basis suggested. 
The settlement of our existing difficulties was a ques- 
tion now of supreme importance, and the only basis 
on which he would entertain a proposition for a 
settlement was the recognition and re-establishment 
of the National Authority throughout the land. 

These pointed and emphatic responses seemed to 
put an end to the Conference on the subject contem- 
plated in our mission, as we had no authority to give 
any such pledge, even if we had been inclined to do 
so, nor was it expected that any such would really 
be required to lie given. 

Judge Campbell then inquired in what way the 
settlement for a restoration of the Union was to be 
made? Supposing the Confederate States should 
consent to the general terms as stated by Mr. Lin- 
coln, how would the re-establishment of the National 
Authority take place? He wished to know some- 
thing as to the details. 

Theee inquiries were made by him upon the line 
agreed upon by the Commissioners before, that if we 
failed in securing an Armistice, we would then en- 
deavor to ascertain on what terms the Administration 
at Washington would be willing to end the war. 

Mr. Seward said, he desired that any answer to 
Judge Campbell's inquiries might be postponed, until 
the general ideas advanced by me might be more 
fully developed, as they had, as he expressed it, "a 
philosophical basis." All seemed to acquiesce in this 
suggestion. 

I then went quite at large into the development of 
my views, which, briefly stated, in substance amounie I 
to this : That the Monroe Doctrine, as it was called, 
so far as it commended itself to my favor, assumed 
the position, that no European power should impose 
Governments upon any peoples on this continent 
against their will. This principle of the sovereign. 
right of local self-government, was peculiarly ar.-l 



ioo6 



ATPEXDIX R.— THE I/A MP 70 X ROADS COXFEREXCE. 



specially sacred to the people of the United States, as 
well as to the people of the Confederate States. It 
was the one on which all our institutions, State and 
National, were based. At that time, the Emperor of 
France was attempting to violate this great principle, 
which was so sacred alike to the Belligerents on both 
sides of our contest. Now, if we could in any way 
agree to suspend our present strife, for the mainten- 
ance and vindication of this principle as to Mexico, 
might, and would not, the result most probably be, 
not only the allowance of time for the blood of our 
people on both sides to cool towards each other, but 
the leading of the public mind, on both sides, to a 
clearer understanding of those principles which ought 
to constitute the basis of the settlement of our own 
difficulties, and <>n which the Union should be ulti- 
mately restored ? 

A settlement of the Mexican question in this way, 
it seemed to me, would necessarily lead to a peaceful 
settlement of our own. I went on to give it as my 
opinion that, whenever it should be determined and 
firmly established that this right of local self-govern- 
ment is the principle on which all American institu- 
tions rest and shall be maintained, all the Stales might 
reasonably be expected, very soon, to return, of their 
own accord, to their former relations to the Union, 
just as they came together at first by their own con- 
sent, and for their mutual interests. Others, too, 
would continue to join it in the future, as they had 
in the past. This great law of the system would 
effect the same certain results in its organization as 
the law of gravitation in the material world. 

In a word, I presented briefly, but substantially in 
outline, the same view of our system of government 
which I gave you in one of our former conversations, 
and showed how we might become, in deed and in 
truth, an Ocenn-bound Federal Republic, under the 
operation of this Continental Regulator — the ultimate 
absolute sovereignty of each State. This inherent 
and natural right of all States and peoples to govern 
themselves as they please, in my judgment, was not 
only the foundation upon which our institutions were 
based in the beginning, but constituted the only sure 
ground of permanent peace and harmony in all parts 
of the country, consistent with the preservation of the 
liberties of each, even under a reorganized Union of 
the Slates. This Mexican epiestion, therefore, might, 
it seemed to me, afford a very opportune occasion for 
reaching a proper solution of our own troubles with- 
out any further effusion of fraternal blood. 

Mr. Seward said, in substance, that the ideas as 
presented had something specious about them in 
theory; but, practically, no system of government 
founded upon them could be successfully worked. 
The Union could never be restored or maintained on 
thai basis. Suppose, said he, a State under such a 
system, having within her limits and jurisdiction an 
important point, or port on the seacoast, should be 
induced by some foreign power to abandon the Union 
so sovereignly entered into, and after setting herself 
up as an independent nation, should enter into a 
trenty with such foreign power at enmity, or even at 
war with the other members of the Union — thus giv- 
ing their enemies an assumed rightful foothold in 
their vicinity, and by which great and irreparable in- 
juries might be inflicted upon them. Could this be 
tolerated by them for a moment ? Suppose, for in- 
stance, Louisiana, holding the mouth of the Missis- 
sippi, and controlling the commerce of its immense 
valley, and for which the United States paid so much, 



should, as she might, under this theory and doctrine, 
withdraw at pleasure, and form an alliance with a 
foreign enemy in time of war. Could the United 
States tolerate, for a moment, the recognition of any 
such right on her part ? Self-defence, if nothing else, 
would compel them to interfere, and prevent such 
withdrawal, and the formation of such an alliance. 
Self-preservation is the first law of nature, which ap- 
plies to nations as well as to individuals. No gov- 
ernment could have any stability or usefulness founded 
upon any such principle. 

To this I replied, thai it was not my purpose to (*o 
more than present briefly the outlines of the basis on 
which a settlement should be made, and how the 
Mexican question could be made subservient in bring- 
ing the public mind to that result. It was not my 
intention to argue the general principles as matters of 
fact or feasible theory. I granted that what he said 
was the legitimate effect of the system with some limi- 
tations. But, said I, in the supposed case of the State 
at the mouth of the Mississippi ; if her Confederates 
would so act towards her as to make it her interest to 
remain in the Confederation, as it was when she joined 
it, she would never think of leaving it, or forming any 
alliance with a foreign inimical power. She would 
abhor and spurn such an idea if presented. The ob- 
ject of all such Unions is the best interests of all the 
States composing them. This was the object of our 
Union. It was this that caused its formation. So 
long as this end is attained, theie need be no appre- 
hension of separation, or foreign alliance by any of 
them; but if the other States so act toward any one 
of their Confederates as to render it more to her in- 
terest to be out of the Union than in it, then she 
ought to quit is. The same doctrine staled by him, 
in reference to all the States jointly, applied with 
equal force to each State separately. Self-preserva- 
tion is as much the first law of nature to any one of 
the States of the Union as another or all the others 
combined. The principle of self-preservation ap- 
plied to every State, singly, in all such associations. 
It is only with a view to the better securing of the 
self-preservation of each State separately, that all 
such associations are formed. It was true, I admitted, 
if a State should wantonly, and without just cause, 
quit any association of this sort, and form an alliance 
with a foreign inimical nation, and with hostile in- 
tent, then that would, of course, be a just cause of 
war on the part of her former Confederates. All that 
I granted ; but urged that, if perfect justice should be 
done to the State in the supposed case, the great law 
of self-preservation and interest would restrain lur 
from any such course. This might be regarded as 
one of the most immutable of those laws which regu- 
late human societies in their voluntary relations 
towards each other. 

Dropping further remarks on that point, Mr. Sew- 
ard proceeded lo inquire of me, something of the de- 
tails of the plan I had in view for effecting the pro- 
posed purpose. What would be the general situation 
of affairs in the meantime, especially in States where 
there were two sets of authorities — one recognized l.y 
the Confederate States and one adhering to the na- 
tional government? How would the laws be admin- 
istered in the meantime in those States? and how 
was the object suggested to be practically accom- 
plished ? 

What he meant by presenting this question, after 
Mr. Lincoln had virtually closed all further confer- 
ence on that subject, I did not perceive, but proceeded 



APPENDIX P.— THE HAMPTON ROADS CONFERENCE. 



IOO7 



to answer him in a general way, by stating that I had 
no fixed plan, but there were several which might be 
suggested, and stated one, amongst other ways, by 
which it might be effected. The suggestions I made 
on this point, as of my own accord, were the same 
which had been communicated to me as coming from 
Mr. Blair. The whole, I said, could be easily ar- 
ranged by a military convention. This could be 
made to embrace, not only a suspension of actual 
hostilities on all the frontier lines, but also other mat- 
ters involving the execution of the laws in the Stales 
referred to. Whatever disposition of troops on both 
sides might be necessary for the purpose, could be 
easily arranged in the same way. This convention 
being known, however, only to the authorities at 
Richmond and Washington. All these matters of 
detail, I said, could be easily adjusted, if we should 
first determine upon an armistice for that purpose. 
If there was a will to do it, a proper way could easily 
be made clear. 

Mr. Hunter said that there was not unanimity in 
the South upon the subject of undertaking the main- 
tenance of the Monroe Doctrine, and it wa~ not prob- 
able that any arrangement could be made by which 
the Confederates would agree to join in sending any 
portion of their army into Mexico. In this view he 
expressed the joint opinion of the Commissioners; 
indeed, we had determined not to enter into any 
agreement that would require the Confederate arms 
to join in any invasion of Mexico, 

Mr. Lincoln and Mr. Seward stated that the feel- 
ing in the North was very strong for maintaining the 
Monroe Doctrine. 

The conversation was again diverted from that view 
of the subject by Mr. Lincoln. He repented that he 
could not entertain a proposition for an Armistice on 
any terms, while the great and vital question of re- 
union was undisposed of. That was the first ques- 
tion to be settled. He could enter into no treaty, 
convention, or stipulation, or agreement with the Con- 
federate States, jointly or separately, upon that or 
any other subject, but upon the basis first settled, that 
the Union was to be restored. Any such agreement, 
or stipulation, would be a quasi recognition of the 
States then in arms against the National Government 
as a separate Power. That he never could do. 

I stated that, as President, being Commander-in- 
chief of the Armies of the United States, he might 
without doubt, enter into a Military Convention. The 
arrangement suggested contemplated nothing but a 
Military Convention between the two Parties at 
war. All that was suggested could he easily ef- 
fected in that way, if there was a willingness on both 
sides. 

Mr. Lincoln admitted that a Military Convention 
could be properly entered into by him as President 
for some of the purposes proposed, but repeated his 
determination to do nothing which would suspend 
military operations, unless it was first agreed that the 
National Authority was to be re-established through- 
out the country. 

Judge Campbell now renewed his inquiry how 
restoration was to take place, supposing that the 
Confederate States were consenting to it ? 

Mr. Lincoln replied: By disbanding their armies 
and permitting the National Authorities to resume 
their functions. 

Mr. Seward interposed and said, that Mr. Lincoln 
could not express himself more clearly or forcibly in 
reference to this question, than he had done in his 



message to Congress in December before, and re- 
ferred specially to that portion in these words: 

" In presenting the abandonment of armed resist- 
ance to the National Authority, on the part of the in- 
surgents, as the only indispensable condition to end- 
ing the war on the part of the Government, I retract 
nothing heretofore said as to Slavery. I repeat the 
declaration made a year ago, that, ' while I remain 
in my present position, I shall not attempt to retract 
or modify the Emancipation Proclamation, nor shall I 
return to slavery any person who is free by the terms 
of that Proclamation, or by any of the Acts of Con- 
gress.' If the people should, by whatever mode or 
means, make it an Executive duty to rc-enslave such 
persons, another, and not I, must be their instrument 
to perform it. 

" In stating a single condition of peace, I mean 
simply to say that the war will cease on the part of 
the Government whenever it shall have ceased on 
the part of those who began it." 

After referring to this and stating its substance from 
memory, Mr. Seward went on to illustrate the mean- 
ing, by saying that the war would cease whenever the 
civil officers of the Federal Government should be 
permitted to discharge their duties under the laws of 
the United States — in other words, whenever the due 
execution of the laws of the United States should be 
submitted to in the Confederate States. 

[udge Campbell said that the war had necessarily 
given rise to questions which must, it seemed to him, 
require stipulation or agreement of some sort, or assur- 
ances of some sort, which ought to be adjusted under* 
standingly, before a harmonious restoration n{ former 
relations could properly be made. He alluded to the 
disbandment of the army, which would require time, 
and the disposition of its supplies. He alluded to the 
Confiscation Acts on both sides, and stated that prop- 
erty had been sold under them, and the title would 
be affected by the facts existing when the war ended, 
unless provided for by stipulations. 

Mr. Seward replied that, as to all questions involv- 
ing rights of property, the courts would determine; 
and that Congress would, no doubt, be liberal in 
making restitution of confiscated property, or provid- 
ing indemnity, after the excitement of the times had 
passed off. 

I asked Mr. Lincoln what would be the status of 
that portion of the slave population in the Confederate 
States, which had not then become free under his 
Proclamation ; or, in other words, what effect that 
Proclamation Would have upon the entire black popu- 
lation ? Would it be held to emancipate the whole, 
or only those who had, at the. time the war ended, be- 
come actually free under it? 

Mr. Lincoln said that was a judicial question. How 
the courts would decide it, he did not know, and could 
give no answer. His own opinion was, that as the 
I'roclamation was a "car measure, and would have 
effect only from its being an exercise of the war power, 
as soon as the war censed, it would be inoperative for 
the future. It would be held to apply only to such 
slaves as had come under its operation while it was 111 
active exercise. This was his individual opinion, hut 
the Courts might decide the other way, and hold that 
it effectually emancipated all the slaves in the States 
to which it applied at the time. So far as he was con- 
cerned, he should leave it to the Courts to decide. He 
never would change or modify the terms of the Proc- 
lamation in the slightest particular. 

Mr. Seward said there- were only about two hundred 



ioo8 



APPENDIX P.— THE HAMPTON POADS CONPE PENCE. 



thousand slaves, who, up to that time, had come under 
the actual operation of the Proclamation, and who 
were then in the enjoyment of their freedom under it ; 
so, if the war shouid then cease, the status of much 
the larger portion of the slaves would be subject to 
judicial construction. Mr. Lincoln sustained Mr. 
Seward as to the number of slaves who were then in 
the actual enjoyment of their freedom under the Proc- 
lamation. Mr. Seward also said it might be proper 
to state to us that Congress, a day or two before, had 
proposed a Constitutional Amendment* for the im- 
mediate abolition of slavery throughout the United 
States, which he produced and read to us from a news- 
paper. He said this was done asnwar measure. If 
the war were then to cease, it would probably not be 
adopted by a number of States sufficient to make it a 
part of the Constitution ; but presented the case in 
such light as clearly showed his object to be to impress 
upon the minds of the Commissioners that, if the war 
should not cease, this, as a war measure, would lie 
adopted by a sufficient number of States to become a 
part of the Constitution, and without saying it in direct 
words, left the inference very clearly to be perceived 
by the Commissioners that his opinion was, if the Con- 
federate States would then abandon the war, they 
could of themselves defeat this amendment) by voting 
it down as members of the Union. The whole num- 
ber of States, it was said, being thirty-six, any ten of 
them could defeat this proposed amendment. 

I inquired how this matter could be adjusted, with- 
out some understanding as to what position the Con- 
federate States would occupy towards the others, if 
they were then to abandon the war. Would they be 
admitted to representation in Congress? 

Mr. Lincoln very promptly replied that his own in- 
dividual opinion was, they ought to be. He also 
thought they would be; but he could not enter into 
n ti \- stipulation upon the subject. His own opinion 
was, that when the resistance ceased and the National 
Authority was recognized, the States would be imme- 
diately restored to their practical relations to the 
Union. This was a form of expression repeatedly 
used by him during the conversation, in speaking of 
the restoration of the Union. He spoke of it as a 
" restoration of the States to their practical relations 
to the Union." 

Upon my urging the importance of some under- 
standing on this point, even in case the Confederate 
States should entertain the proposition of a return to 
the Union, he persisted in asserting that he could not 
enter into any agreement upon this subject, or upon 
any other matters of that sort, with parties in arms 
against the Government. 

Mr. Hunter interposed, and in illustration of the 
propriety of the Executive entering into agreements 
with persons in arms against the acknowledged right- 
ful public authority, referred to repeated instances of 



*Be it Resolved by the Senate and House of Representatives 
of the United States in Congress, assembled : That the follow- 
ing article be proposed to the Legislatures of the s< vera! S:..tc-, 
as an amendment to the Constitution of the United States, 
which, when ratified by three-fourths of said Legislature 5, shall 
be valid to all intents and purposes, as a part of said Constitu- 
tion, namely : 

Article XIII. 

Section i. Neither slavery nor involuntary servitude, except 
as a punishment for crime, whereof the party shall have been 
duly convicted .shall exist within the United States, or any place 
subject to their jurisdiction. 

Section 2. Congress shall have power to enforce this article 
by appropriate legislation. 



this character between Charles I. of England, and the 
people in arms against him. 

Mr. Lincoln in reply to this said : " I do not profess 
to be posted in history. On all such matters I will 
turn you over to Seward. All I distinctly recollect 
about the case of Charles I. is, that he lost his head 
in the end." 

This was the familiar manner in which Mr. Lin- 
coln, throughout the conversation, spoke ol and to M r. 
Seward. In the same familiar manner he addressed 
me throughout, as was his custom with all his intimate 
acquaintances when in Congress. 

I insisted that if he could, as a war measure, issue 
his Proclamation for Emancipation, which he did not 
venture to justify under the Constitution on any other 
grounds, he could certainly, as a like war measure, or 
as a measure for putting an end to the war rather, en- 
ter into some stipulation on this subject. 

He then went into a prolonged course of remarks 
about the Proclamation. He said it was not his in- 
tention, in the beginning, to interfere with slavery in 
the States ; that he never would have done it if he 
had not been compelled by necessity to do it, to main- 
tain the Union ; that the subject presented many diffi- 
cult and perplexing questions lo him; that he had 
hesitated for some time, and had resorted to this 
measure only when driven to it by public necessity ; 
that he had been in favor of the General Government 
prohibiting the extension of slavery into the Territories, 
but did not think that that Government possessed 
power over the subject in the Stales, except as a war 
measure; and that he had always himself been in 
favor of emancipation, but not immediate emancipa- 
tion, even by the States. Many evils attending this 
appeared to him. 

After pausing for some time, his head rather bent 
down, as if in deep reflection, while all were silent, 
he rose up and used these words, almost, if not quite, 
identical : 

" Stephens, if I were in Georgia, and entertained 
the sentiments I do — though, I suppose, I should not 
be permitted to stay there long with them: but if I 
resided in Georgia, with my present sentiments, I'll 
tell you what I would do, if I were in your place: I 
would go home and get the Governor of the State to 
call the Legislature together, and get them to recall 
all the State troops from the war; elect Senators and 
Members to Congress, and ratify this Constitutional 
Amendment prospectively, so as to take effect — say in 
live years. Such a ratification would be valid, in my 
opinion. I have looked into the subject, and think 
such a prospective ratification would be valid. What- 
ever may have been the views of your people before 
the war, they must be convinced now that slavery is 
doomed. It cannot last long in any event, and the 
best course, it seems to me, for your public men to 
pursue, would be to adopt such a policy as will avoid, 
as far as possible, the evils of immediate emancipation. 
This would be my course, if I were in your place." 

Mr. Seward also indulged in remarks at consider- 
able length on the progress of the anti-slavery senti- 
ment of the country, and stated that what he had 
thought would require forty or fifty years of agitation 
to accomplish, would certainly be attained in a much 
shorter time. 

Judge Campbell inquired of Mr. Seward if he 
thought that agitation upon the subject of the political 
relations between the two races would cease upon the 
emancipation of the blacks — the point to which here- 
tofore it had been entirely confined. 



APPENDIX P.— THE HAMPTON ROADS CONFERENCE. 



IOO9 



Mr. Seward replied, perhaps not, or possibly not. 

Other matters were then talked over relating to the 
evils of immediate emancipation, if that policy should 
be pressed, especially the sufferings which would 
necessarily attend the old and the infirm, as well as 
the women and children, who were unable to support 
themselves. These were fully admitted by Mr. Lin- 
coln, but in reference to them, in that event, he illus- 
trated all he could say by telling the anecdote, which 
has been published in the papers, about the Illinois 
farmer and his hogs.* The conversation then took 
another turn. 

Mr. Hunter inquired of Mr. Lincoln what would 
be the result of a restoration of the Union, according 
to his idea, as to Western Virginia ? Would the " Old 
Dominion" be restored to her ancient boundaries, or 
would Western Virginia be recognized as a State in 
the restored Union? 

Mr. Lincoln said he could only give an individual 
opinion, which was, that Western Virginia would be 
continued to be recognized as a separate State in the 
Union. 

Mr. Hunter after this went into a sort of recapitu- 
lation of the subjects talked over in the interview, 
and the conclusions which seemed to be logically de- 
ducible from them; which amounted to nothing as a 
basis of peace, in his judgment, but an unconditional 
surrender on the part of the Confederate States and 
their people. There could be no agreement, no 
treaty, nor even any stipulations as to terms — nothing 
but unconditional submission. A good deal of force 
was given to the points in this summation by the tone 
in which the whole was expressed. 

Mr. Seward promptly replied by insisting that no 
words like unconditional submission had been used, 
or any importing or justly implying degradation, or 
humiliation even, to the people of the Confederate 
State-. He wished this to be borne in mind. 

Mr. Hunter repeated his view of the subject. What 
else could be made of it? No treaty, no stipulation, 
no agreement, either with the Confederate States 
jointly, or with them separately, as to their future 
position or security ! What was this but unconditional 
submission to the mercy of the conquerors? 

Mr. Seward said they were not conquerors further 
than they required obedience to the laws. The force 
used was simply to maintain National authority in the 
execution of laws. Nor did he think that in yielding 
to the execution of the laws under the Constitution 
of the United States, with all its guarantees and 
securities for personal and political rights, as they 
might be declared to be by the Courts, could be 



* Mr. Lincoln had a wonderful talent for illustrations of this 
sort. His genius for anecdotes was fully equal, if not superior, 
to that of .-Esop for Apologues or Fables. They were lus chief 
resort in conveying his ideas upon almost every question. His 
resources for producing them seemed to be inexhaustible, and 
they were usually exceedingly pointed, apt, and telling in their 
application. The one on this occasion was fir from being enti- 
tled to a place on a list of his best and most felicitous hits of this 
character. The substance of it was this ; 

An Illinois farmer was congratulating himself with a neighbor 
upon a great discovery he had made, by which he would econ- 
omize much time and labor in gathering and taking care of the 
food crop for his hogs, as well as trouble in looking after and 
feeding them during the winter. 

" What is it? " said the neighbor. 

" Why, it is," said the farmer, " to plant plenty of potatoes, 
and when they are mature, without either digging or housing 
them, turn the hogs in the field and let them get their own food 
as they want it." 

" But," said the neighbor, " how will they do when the win- 
ter comes and the ground is hard frozen? " 

" Well," said the farmer, " let 'em root ! " 

64 



properly considered as unconditional submission to 
conquerors, or as having anything humiliating in it. 
The Southern people and the Southern States would 
be under the Constitution of ihe United States, with 
all their rights secured thereby, in the same way, and 
tint nigh the same instrumentalities, as the simiiar 
rights of the people of the other States were. 

Mr. Hunter said : But you make no agreement that 
these rights will be so held and secured! 

Mr. Lincoln said that so far as the Confiscation Acts, 
and Other penal acts were concerned, their enforcement 
was left entirely with him, and on that point he was 
perfectly willing to be full and explicit, and on his 
assurance perfect reliance might be placed. He should 
exercise the power of the Executive with the utmost 
liberality. He went on to say that he would be willing 
to be taxed to remunerate the Southern people for 
their slaves. He believed the people of the North 
were as responsible for slavery as the people of the 
South, and if the war should then cease, with the 
voluntary abolition of slavery by the States, he should 
be in favor, individually, of the government paying a 
fair indemnity for the loss to the owners. He said 
he believed this feeling had an extensive existence at 
the North, lie knew some who were in favor of an 
appropriation as high as $400,000,000 for this purpose. 
I could mention persons, said he, whose names would 
astonish you, who are willing to do this, if the war 
shall now cease without further expense, and with 
the abolition of slavery as stated. But on this sub- 
ject he said he could give no assurance — enter into 
no stipulation. He barely expressed his own feelings 
and views, and what he believed to be the views of 
others upon the subject. 

Mr. Seward said that the Northern people were 
weary of the war. They desired peace and a restora- 
tion of harmony, and he believed would be willing 
to pay as an indemnity for the slaves, what 
would be required to continue the war, but stated 
no amount. 

After thus going through with all these matters, in 
a conversation of about four hours, of which I have 
given you only the prominent leading points, and 
these in substance only, there was a pause, as if all 
felt that the interview should close. I arose and 
stated that it seemed our mission would be entirely 
fruitless unless we could do something in the matter 
of the exchange of prisoners. This brought up that 
subject. 

Mr. Lincoln expressed himself in favor of doing 
something on it, and concluded by saying that he 
would put the whole matter in the hands of General 
Grant, then at City Point, with whom we could inter- 
change views on our return. Some propositions were 
then made for immediate special exchanges, whi< h 
were readily agreed to. 

I then said : I wish. Mr. President, you would re- 
consider the subject of an armistice on the basis which 
has been suggested. Great questions, as well as vast 
interests, are involved in it. If, upon so doing, you 
shall change your mind, you can make it known 
through the military. 

Well, said he, as he was taking mv hand for a fare- 
well leave, and with a peculiar manner verv charac- 
teristic of him : Well, Stephens, I will reconsider it, 
but I do not think my mind will change; but I will 
1 e r it. 

The two parties then took formal and friendly leave 
of each oiher, Mr. Lincoln and Mr. Seward with- 
drawing first from the saloon together. Colonel Bab- 



IOIO 



APPENDIX P.— THE HAMPTON ROADS CONFERENCE. 



cock, our escort, soon came in to conduct us back 
to the steamer on which we came. 

During the interview no person entered the saloon 
besides the parlies named, except a colored servant or 
steward, who came in occasionally to see if anything 
was wanted, and to bring in water, cigars, and other 
refreshments. 

This is as full and accurate an account as I can now 
give of the origin, the objects, and conduct of this 
Conference, from its beginning to its end. In giving 
it, as stated before, I have not undertaken to do more 
than to present substantially what verbally passed be- 
tween all the parties therein mentioned. 

At City Point we again had an interview with Gen- 
eral Grant. He evidently regretted very much that 
nothing had been accomplished by the Conference. 
The subject of the exchange of prisoners was then 
mentioned to him, and what Mr, Lincoln said about 
it, when he expressed a like willingness for an imme- 
diate and general exchange. That subject was then 
left with him and our commissioner of exchange, 
Colonel Ould. Thus ended this misnion. 

3d. It now remains, according to the order pre- 
scribed, to say something of its results. A considera- 
tion of these will necessarily bring us to the close of 
the war, for the end was now rapidly approaching. 

On the return of the Commissioners to Richmond, 
everybody was very much disappointed, and lio one 
seemed to be more so than Mr. Davis. He thought 
Mr. Lincoln had acted in bad faith in the matter, and 
attributed this change in his policy to the fall of Fort 
Fisher, in North Carolina, which occurred on the 15th 
of January, after Mr. Blair's first visit to Richmond. 
The fall of this fort was one of the greatest disasters 
which had befallen our cause from the beginning of 
the war — not excepting the loss of Vicksburg or 
Allan! a. Forts Fisher and Caswell guarded the en- 
trance to the Cape Fear river, and prevented the com- 
plete blockade of the port of Wilmington, through 
which a limited foreign commerce had been carried 
t)ii during the whole time. It was by means of what 
cotton could thus be carried out, that we had been 
enabled to get along financially, as well as we had; 
and at this point also, a considerable number of arms 
and various munitions of war, as well as large sup- 
plies of subsistence, had been introduced. All other 
ports, except Wilmington, had long .since been closed 
by naval siege. Furls Jackson and St. Philip, which 
guarded the mouth of the Mississippi and the entrance 
to New < Irleans, had been captured in March, 1S62. 
Fort Pulaski, at the mouth of the Savannah, had 
fallen on the I2th of April, in the same year; and 
Fort Macon in North Carolina, a month or two 
earlier. Forts Gaines, Powell and Morgan, at Mobile, 
had also fallen in August, 1S63. Fort Sumter, at 
Charleston, it is true, had still held out, and had never 
been taken, but the harbor there had been virtually 
closed by a strict blockade; so that the closing of the 
port of Wilmington was the comp'ete shutting out of 
the Confederate States from all intercourse by sea 
with foreign countries. The respiratory functions of 
(Menial trade, so essential to the vitality of all com- 
munities, had been performed for the whole Confed- 
eracy, mainly, for nearly three years, through the 
small aperture of this little port, choked to wheezing 
a> it was, by a cordon of armed ships, drawn around 
its neck. The passing in and out of necessary com- 
merce at this place, all the time, was very much like 
breathing through a quill in extreme cases of quinsy 
or croup; still, as such breathing often saves life, so 



this channel of external trade was of the utmost im- 
portance to m at that time. The closing of this port, 
therefore, and the great advantage against us secured 
by it, was what Mr. Davis supposed to be the cruise 
of a change of policy on the part of the Administra- 
tion at Washington. 

We reported to him, verbally, all that had occurred 
at the Conference, and much more minutely in detail 
than I have given it to you. In this report to him, 1 
gave it as my opinion, that if he were not himself 
mistaken as to Mr. Blair's knowledge of the policy 
of the Administration at Washington, and of his 
being in its confidence; in other words, if there was 
really at that time, entertained by Mr. Lincoln, any 
such views as those suggested by Sir. Blair, I was not 
at all disappointed myself at the result of the inter- 
view at Fortress Monroe. I thought the publicity 
of the mission was enough to account for its failure, 
without attributing it to any bad faith, either on the 
part of Mr. Blair or Mr. Lincoln; that 1 had ex- 
pressed the opinion to Judge Campbell and Mr. 
Hunter, when we saw our departure announced in ihe 
papers as it was (the whole North being in a stir 
upon the subject by the time we reached City Point), 
that this would most probably defeat our accomplish- 
ing anything, even if Mr. Luicoln really intended to 
do anything on that line; and that it was in this view 
of the subject solely, I had made the request to him, 
at the close of the interview, to reconsider the matter 
of the Armistice. 

I called Mr. Davis' attention specially to the fact, 
that in reply to that request Mr. Lincoln declared he 
would reconsider \t ; and notwithstanding the qualifica- 
tion with which he made the declaration, yet 1 thought 
if there ever had been really anything in the projet, 
Mr. Davis would still hear from it in a quiet way 
through the military, after all the then "hubbub" 
about peace negotiations had subsided.* In this view 
of the subject, I gave it to him as my opinion, that 
there should be no written report by the Commission- 
ers touching the Conference, especially as a full dis- 
closure of its real objects could not, with propriety, 
then be made; and that any report without this, how- 
ever consistent with the facts, as far as they should be 
set forth, would fail to give full information upon the 
exact posture of the affairs to which it related, by 
which the public mind in reference to it would be 
more or less misled. 

He insisted that a written report should be made, 
and the other commissioners concurring with him, I 
again yie'ded my views on that point, and joined 
them in the report which you have seen, believing, 
as I did, that if I declined, more harm would cer- 
tainly result from a misconstruction of my course and 
reasons in the matter, than would by conforming to 
his views and those of my colleagues. 



* Not long afterwards, General Ord, of the Federal army, in 
command below Richmond, did approach General Longstr^ct, 
commanding on the Confederate side, with a proposition for a 
Military Convention of some sort, and stated that it could be 
enured into if General Lee should be clothed with proper au- 
thority, etc. Whether this came from the promised reconsider- 
ation nr not, the author dots not know. 

Of the nature of this proposition or its objects, he knows 
nothing, except wh;u was published in the papers. It was re- 
sponded to, as thus appeared, by General Lie being clothed 
with authority, Under instructions, to treat wi h (..cneral Grant 
upon the sulject of Peace I 

General Grant replied, that he had no authority to treat upon 
the question of peace, or lo enter into a convention on any sub- 
ject which was not strictly of a military charite t€T, and that 
General Ord must have referred to some subject on which he 
(General Grant) was authorized to act. 



APPENDIX R.— THE HAMPTON ROADS CONFERENCE. 



IOII • 



The question then was, what was next to be done ? 
Mr. Davis' position was, that inasmuch as it was 
now settled beyond question, by the decided and 
pointed declarations of Mr. Lincoln, that there 
could be no peace short of Unconditional Submission 
on the part of the people of the Confederate States, 
with an entire change of their social fabric through- 
out the South, the people ought to be, and could be, 
more thoroughly aroused by appeals through the 
press and by public addresses, to the full conscious- 
ness of the necessity of renewed and more desperate 
efforts, for the preservation of themselves and their 
institutions. Hy these means they might yet be saved 
from the most humiliating threatened degradation. 
In these lay the only hope left of escaping such a 
cilamity. lie himself seemed more determined than 
ever to fight it out on this line, and to risk all upon 
the issue. 

By the course he proposed, I understood him to 
hold the opinion, that Richmond could still be de- 
fended, notwithstanding Sherman had already made 
considerable progress on his march from Savannah; 
and that our cause could still be successfully main- 
tained, without any change in the internal policy upon 
the subjects referred to before. His general views 
and purposes at the time, were set forth with that 
firmness and decision so characteristic of him, in the 
message he sent to Congress on the report of the 
Commissioners, and in a speech he made at the Afri- 
can Church (a noted place for public speaking in the 
city of Richmond), on the night of the .-econd day 
after our return. The newspaper sketches of that 
speech were meagre, as well as inaccurate, in several 
particulars, and, upon the whole, came far short of so 
presenting its substance even, as to give those who 
did not hear it anything like an adequate conception 
of its full force and power. It was not only bold, 
undaunted, and confident in its tone, but had that 
loftiness of sentiment and rare form of expression, as 
well as magnetic influence in its delivery, by which 
the passions of the masses of the people are moved 
to their profoundest depths, and roused to the highest 
pitch of excitement. Many who had heard this 
master of oratory in his most brilliant displays in the 
Senate and on the hustings, said they never before 
saw Mr. Davis so really majestic! The occasion, 
and the effects of the speech, as well as all the cir- 
cumstances under which it was made, caused the 
minds of not a few to revert to like appeals by Rienzi 
and Demosthenes. 

While it was well calculated to awaken associations 
and suggest comparisons of that sort, it, nevertheless 
by the character of its policy, equally reminded me 
of the famous charge of the "Six Hundred" at 
Balaklava, of which some one — I forget who — in 
witnessing it, said, in substance: "It is brilliant; it 
is grand ; but it is not war !" 

However much I admired the heroism of the sen- 
timents expressed, yet in his general views of policy to 
be pursued in the then situation, I could not concur. 
I saw nothing to prevent Sherman himself from pro- 
ceeding right on to Richmond and attacking Lee in 
the rear, to say nothing of any movements by Grant, 
who then had an army in front, of not much, if any, 
under 200,000 men. Lee's forces were not over one- 
fourth of that number. Sherman's army, when united 
with Schofield's and Terry's, which were joining him 
from Wilmington, North Carolina, would be swelled 
to near 100,000. To meet these, the Confederates 
had in his front, nothing but the fragments of shat- 



tered armies, amounting in all to not one-half the 
number of the Federals. 

When the programme of action, thus indicated by 
Mr. Davis in our interviews, as well as in his mes- 
sage and the speech referred to, was clearly resolved 
upon, I, then, for the first time, in view of all the 
surroundings, considered the cause as utterly hopeless. 
It may be that it was utterly hopeless anyhow ; that 
nothing could have saved it at that time, or at any 
time. It may be that if the course which I thought 
would or could then save it, or would or could have 
saved it at any time, had been adopted, it would have 
come as far short of success, as the one which was 
pursued ; and it may be, that the one which was taken 
on this occasion, as well as on all the other occasions, 
on which I did not agree, was the very best that 
could have been taken. These are now all matters 
purely of speculation, as I said before; and it is not 
my purpose at this time to discuss them, or to pass any 
judgment in reference to them, one way or the other. 
I doubt not that all — the President, the Cabinet and 
Congress — did the very best they could, from their 
own convictions of what was best to be done at the 
time. 

The ablest and truest men often differ upon vital 
questions ; and all are liable to err in judgment. I 
wish, therefore, in all I say on this occasion touching 
these and kindred subjects, as well as what I say in re- 
lation to the conduct of others in regard to them, to be 
understood as only presenting the views from which 
my own convictions sprung, and the motives by which 
I was actuated throughout, especially in declining, as 
I did, to appear and speak at the meeting which was 
addressed by Mr. Davis as stated, and also at another 
grand meeting arranged to take place a few days 
after, in Capitol Square, for similar purposes. I de- 
clined, because I could not undertake to impress upon 
the minds of the people the idea that they could do 
what I believed to be impossible, or to inspire in them 
hopes which I did not believe could ever be real- 
ized. 

It was then that I withdrew from Richmond. 
My last interview with Mr. Davis before leaving, was 
after my thus declining to address the meetings pro- 
posed. He inquired what it was my purpose to do? 
I told him it was to go home and remain there. I 
should neither make any speech, nor even make 
known to the public in any way my views of the 
general condition of affairs, but quietly abide the 
issues of fortune, whatever they might be. Differing 
as we did, at that time, upon these points, as we had 
upon others, we parted in the same friend-hip which 
had on all occasions marked our personal inter- 
course. 

I left Richmond in no ill-humor with Mr. Davis, 
or with any purpose of opposing or obstructing the 
execution of the designs of the Administration, in 
any way; but because I could not sanction a policy 
which I though! would certainly end in disaster, and 
I did not wish to be where my opinions might, by 
possibility, be the cause of divisions and dissensions, 
which would just as certainly lead to the same re- 
sult. General confidence in the Administration was 
,1 to success on any line, and this 1 did not 
wish to weaken or impair in others at this most criti- 
cal juncture, though I could not, niy-elf. approve the 
Course which had been taken. I. therefore, left on 
the 9th of February, and reached home the 20th, 
where I remained in perfect retirement, until I was 
arrested on the nth of May. 



• 1012 



A /TIC. YD IX R.— TI1E HAMPTOX ROADS COXFEREXCE. 



In the meantime was enacted the last scenes in the 
grand drama of this terrible conflict of arms, which 
we have so rapidly glanced at, in considering the con- 
flict of the principles out of which it arose. t mly a 
few matters now, connected with its closing events, 
on the same line, remain to be noticed. 

Mr. George Davis, of North Carolina, had suc- 
ceeded Mr. Thomas H. Watts as Attorney-General. 
Mr. George A. Trenholm, of South Carolina, had 
been put at the head of the Treasury department, 
upon the resignation of Mr. Memmmger, in June, 
1S64. Mr. Seddon, also, who bad succeeded Mr. 
Randolph, as Secretary of War, resigned that position 
about the time I left Richmond. This position was 
immediately assigned to Mr. Breckinridge, then a 
Major-General. 

Alter Sherman had proceeded in his famous march 
beyond Columbia, leaving a blackened waste in his 
track, and when our affairs were "in extremis" — 
almost "111 artictdo r/zo/tis" — General Joseph E. 
Johnston, upon the earnest appeal of members of 
Congress and the Virginia Legislature, was again 
assigned to the command of the remnants of the 
shattered Confederate Armies alluded to, in the Caro- 
linas, which did not exceed 35,000 effective men in 
all. With these he was to oppose the advancing 
Federal forces in front of not much, if any, under 
100,000. 

Grant commenced operations as early as the season 
would permit. ( >n the 2d of April he succeeded, by 
a concentration of forces, in making breaches in 
Lee's lines of defence near Petersburg. The whole 
line for the defence of the capital then extended at 
least thirty five miles in length. By these breaches, 
made in this line on the 2d of April, Lee was neces- 
sarily compelled to retire, and thus give up Richmond 
at last. Several bloody and heroic struggles ensued. 
The remaining thinned, but resolute and undaunted 
columns of the noble Confederate chief, like the 
Spartan band at Thermopylae, were now pressed to a 
death-grapple by the surrounding legions of the mon- 
ster Army of the Potomac under Grant. The tragic 
/male was at hand! On the 9th of April, at Appo- 
mattox Court-House, the sword of Lee was surren- 
dered. Not much else pertaining to the "annihil- 
ated" Army of Northern Virginia was left to be 
passed under the formula of that ceremony! 

Mr. Davis and Ins Cabinet had left Richmond on 
the night of the 2d of April, after Lee's lines were 
thus broken, as stated. They went as far as Dan- 
ville, \ irginia, where they remained for several days, 
and where Mr. Davis issued another most stirring 
and animating address; but after being informed of 
what had occurred at Appomattox Court-House, he 
and the Cabinet proceeded to Greensboro, North 
Carolina, where some days afterwards, in consultation 
with Generals Johnston and Beauregard and his 
Cabinet, General Johnston was authorized by him to 
make such terms as he might be able with General 
Sherman for a terminal i( n of the war and a general 
pacification. The result of this was the celebrated 
Sherman and Johnston Convention, which was for- 
mally a and signed on the I.Sth of April by 
these two commanding generals of the respective 
sides. 

Hut while these distinguished parties were thus 
negotiating, little diil they know ol what had occurred 
and was going on elsewhere. Pour days before, on 
the night of the 14th of April, Mr. Lincoln had been 
assassinated, which produced a state of feeling never 



before known in the country. The Vice-President, 
Mr. Andrew Johnson, immediately succeeded to the 
Presidential office. From the great excitement 
created by the horrible act, by which Mr. 1 
had been taken off, or from some other most unfor- 
tunate cause, this Sherman-Johnston Conventii n was 
disapproved by the newly-installed President at Wash- 
ington. 

Upon being notified of this fact by General Sher- 
man, General Johnston then did the next best thing 
in his power. lie entered into a stipulation with 
General Sherman, by which he surrendered all the 
Confederate forces north of the Chattahoochee river, 
upon similar terms to those agreed to between Geil 
erals Lee and Grant, in reference to the forces under 
General Lee. 

The course of General Johnston was promptly fol- 
lowed by General " Dick " Taylor, commanding in 
Alabama, who surrendered his forces to General 
Edward R. S. Canby, upon similar terms, on the 4th 
of May. A like surrender of all the ConU 
forces west of the Mississippi, was made by General 
E. Kirby Smith, to the same Federal officer, on the 
26th of the same month. All other smaller detach- 
ments of Confederate forces scattered about in vain us 
parts of the country, had, in the meantime, been sur- 
rendered by their officers in command, upon the same 
or similar terms. Kirby Smith's surrender was the fast. 

The whole number of Confederates thus surren- 
dered, from the 9th of April to the 25th of May, 
according to the muster-rolls, amounted to a little 
under 175,000 in number. This embraced quite a 
number who, from disease, were not actively in the 
field at the time. Making due allowance for these, 
there was, therefore, then, hardly more than 150,000 
Confederates under arms. The whole number of 
Federal forces then in the field, and afterwards mus- 
tered out of service, as their records show, amounted 
in round numbers to 1,050.000. 

Thus ended this greatest of modern wars — if not 
the greatest, in some respects, "known in the history 
of the human race." It lasted four years ami a 
little over, as we have seen, marked throughout by 
many sanguinary conflicts, with heroic exploits on 
both sides, which it has not been in the line of our 
investigation to notice, but all of which deserve to be, 
if they have not been, duly chronicled in proper 
place. Even in memory, many of them will be per- 
petuated as legends, and thus treasured as themes for 
story ami song for ages to come. 

One of the most striking features in it was the 
great disparity between the number of the forces on 
the opposite sides. Prom its beginning to its end, 
near, if not quite, two millions more Federals were 
brought into the field than the entire force ol the Con- 
federates. The Federal records show that they hail, 
from lirst to last, over 2.(00,000 men in the service; 
while the Confederates, all told in like manner, could 
not have much, if any, exceeded 600,000! No people 
on earth ever maintained the great right ot self gov- 
ernment so long as the Confederates did in this con- 
test, with such sacrifices of blood and treasure, against 
such odds ! 

The entire loss on both sides, including those who 
were permanently disabled, as well as those killed in 
battle and who died from wounds received and dis- 
eases contracted in the service, amounted, according 
to Mr. Greeley's estimate, which is more likely to be- 
under than over the maik, to the " stupendous aggre 
gate of one million of men ! " 



APPENDIX R.— TJIE HAMPTON ROADS CONFERENCE. 



1013 



The like aggregate of expenditure of money on both 
sides, including the loss and sacrifice of property, 
could not have been less than eight thousand millions 
of dollars! — a sum fully equal to three-fourths of the 
assessed value of the taxable properly of the entire 
country, when it commenced ! 

In concluding our review, may we not well ask, as 
the dying soldier did in the first great battle on the 
plains of Manassas : " What was all this for? " 

It remains for us now to see what it has so far come 
to. This subject has been set down for our next con- 
versation. 



APPENDIX R.— No. 2. 

Message of President Lincoln on the Hampton 
Roads Conference. 

To the Honorable House of Representatives : 

In response to your resolution of the 8th inst., re- 
questing information in relation to a Conference held 
in Hampton Roads, I have the honor to state that on 
the date I gave Francis P. Blair, Senior, a card written 
as follows, to wit : 

"December 28, 1864. 

"Allow the bearer, F. P. Blair, Sr., to pass our lines, 
go South and return. 

(Signed) "A. Lincoln." 

That at the time I was informed that Mr. Blair 
sought the card as a means of getting to Richmond, 
Va., but he was given no authority to speak or act for 
the Government. Nor was I informed of anything 
he would say or do on his own account or otherwise. 

Mr. Blair told me that he had been to Richmond 
and had seen Mr. Jefferson Davis, and he (Mr. Blair) 
at the same time left with me a manuscript letter as 
follows, to wit : 

"Richmond, Va., January 12, 1865. 

" F. P. Blair, Esq. : 

" Sir : I have deemed it proper and probably de- 
sirable to you to give you in this form the substance 
of the remarks made by me to be repeated by you to 
President Lincoln, etc. I have no disposition to find 
obstacles in forms, and am willing now, as heretofore, 
to enter into negotiations for the restoration of peace. 
I am ready to send a Commission whenever I have 
reason to suppose it will be received, or to receive a 
Commission if the United States Government shall 
choose to send one. Notwithstanding the rejection 
of our former offers, I would, if you could promise 
that a Commission, Minister, or other agent would be 
received, appoint one immediately, and renew the 
effort to enter into a Conference with a view to secure 
peace to the two countries. 

" Yours, etc., 

"Jefferson Davis." 

Afterward, with a view that it should be shown to 
Mr. Davis, I wrote and delivered to Mr. Blair a letter, 
as follows, to wit : 

" Washington, January iS, 1S65. 

" F. P. Blair, Esq. : 

" Sir : Ybu having shown me Mr. Davis' letter to 
you of the 12th inst., you may say to him that I have 
constantly been, am now, and shall continue ready to 
receive any agent whom he, or any other influential 



person now resisting the National authority, may in- 
formally send me, with a view of securing peace to 
the people of our common country. 

" Yours, etc., " A. Lincoln." 

Afterwards Mr. Blair dictated for, and authorized 
me to make, an entry on the back of my retained copy 
ol the letter just above recited, which is as follows : 

"January 28, 1865. 
" To-day Mr. Blair tells me that on the 2isl inst. 
he delivered to Mr. Davis the original, of which the 
within is a copy, and left it with him ; that at the time 
of delivering Mr. Davis read it over twice in Mr. 
Blair's presence, at the close of which he (Mr. B.) re- 
marked that the part about our common country re- 
lated to the part of Mr. Davis' letter about the two 
countries, to ■which Mr. D. replied that he understood 
it. " A. Lincoln." 

Afterwards the Secretary of War placed in my 
hands the following telegram, indorsed by him, as 
appears : 

"Office U. S. Military Telegraph, "I 
" War Department. J 

" (Cipher). The following telegram was received 
at Washington, January 29, 1865 : 

" ' From Headquarters Army of the James, ) 

" ' 6.30 P. M., January 29, 1865. / 

" ' To Hon. E. M. Stanton, Secretary of War: 

" ' The following despatch is just received from 
Major-General Parke, who refers it to me for my ac- 
tion. I refer it to you in lieu of General Grant — ab- 
sent. (Signed) 

" ' E. O. C. Ord, Major-General Coni'd'g.'' " 

" ' Headquarters Army of the James. 

" ' The following despatch is forwarded to you for 
your action, since I have no knowledge of General 
Grant's having had any understanding of this kind. 
I refer this matter to you as the ranking officer present 
in the two armies. (Signed) 

" ' John G. Parke, Major- General Com'd'g.' " 

" ' From Headquarters Ninth Army Corps, \ 

"'January 29, 1865. J 

•" Major-Generai John G. Parke. 

" 'Headquarters Army of the Potomac: 
"'Alexander II. Stephens, R. M. T. Hunter, and 
I. A. < lamphell desire to cross my lines, in accordance 
with an understanding claimed to exist with Lieuten- 
ant-General Grant, on their way to Washington as 
Peace Commissioners. Shall they be admitted ? They 
desire an early answer.su a- to come through imme- 
diately. They w.mld like to reach City Point ((■-night, 
if they can. If they cannot do this, they would like 
to come through to-morrow morning. 
" « 0. B. WILSON, Major Commanding Ninth Corps'" 

" Respectfully referred to the President for such in- 
structions as he may be pleased to give. 

" Edwin M. Si v.nton, Secretary of War. 

"January 29, 1S65, S.30 P. M." 

It appears that about the time of placing the fore- 
going telegram in my hands, the Secretary of War 
despatched to General Ord as follows, to wit: 



ioi4 



APPEXDIX R.— THE HAMPTON ROADS CONFERENCE. 



" War Department, Washington City, ) 
"January 29, I&05 — IO P. M. J 
" Major-General Oru: 

" This Department has no knowledge of any under- 
standing by General Grant to allow any person to come 
within his lines as Commissioners of any sort. You 
will therefore allow no one to come into your lines 
under such character or profession until you receive 
the President's instructions, to whom your telegrams 
will be submitted for his directions. 

'■ EDWIN M. STANTON, Secretary of War. 
" (Sent in cipher at 2 A. M.) " 

Afterward, by my directions, the Secretary of War 
telegraphed General Ord as follows, to wit : 

'• War Department, Washington, D. C.,\ 
'■•January 30, 1865 — 10 >A. M. J 
" Major General E.O.C. Oru, 

" Headquarters Army of the James: 
"By the direction of the 1'reMdent you are instructed 
to inform the three gentlemen, Messrs. Stephens, Hun- 
ter, and Campbell, that a message will be despatched 
to them at or near where they now are, without un- 
necessary delay. 

" Edwin M. Stanton, Secretary of War." 

Afterward I prepared and put into the hands of 
Major Thomas T. Eckert, the following instructions : 

" Executive Mansion, Washington, "t 
'•January 30, 1865. J 
" Major T. T. Eckert : 

"Sir: You will proceed with the documents 
placed in your hands, and on reaching General Ord 
will deliver him the letter addressed him by the Sec- 
retary of War. Then, by General Ord's assistance, 
procure an interview with Messrs. Stephens, Hunter, 
and Campbell, or any of them, deliver to him or them 
the paper on which your own letter is written. Note 
on the copy which you retain the time of delivery and 
to whom delivered. Receive their answer in writing, 
waiting a reasonable time for it, and which, if it con- 
tain their decision to come through without further 
conditions, will be your warrant to ask General Old 
to pass them through as directed in the letter of the 
Secretary of War. If by their answer they decline to 
come, or propose other terms, do not have them pass 
through, And this being your whole duty, return 
and report to me. 

"Yours truly, "A. Lincoln." 

" City Point, February 1, 1865. 
" Messrs. Alexander II. Stephens, J. A. Camp- 
bell, and R. M. T. Hunter : 

" Gentlemen : I am instructed by the President 
of the United States to place this paper in your hands, 
with the information that if yon pass through the 
United States military lines, it will be understood that 
you do so for the purpose of an informal conference 
on the basis of that letter, a copy of which is on the 
reverse side of this sheet ; and that you choose to pass 
on such understanding, and so notify me in writing. 
I will procure the Commanding General to pass you 
through the lines and to Fortress Monroe, under such 
military precautions as he may deem prudent, and at 
which place you will he met in due time by some per- 
son or persons for the purpose of such informal con- 
ference; and further, that you shall have protection, 
safe conduct, and safe return in all events. 
" Thomas T. Eckert, Major and Aid-de-CampP 



Afterward, but before Major Eckert had departed, 
the following despatch was received from General 
Grunt : 

" Office U. S. Military Telegraph, ) 
" War Department. J 
" (Cipher). 

" The following telegram was received at Washing- 
ton, January 31, 1865, from City Point, Ya., 10.30 
a. m., January 31, 1665 : 

"His Excellency Abraham Lincoln, 
"President of the United Stales : 
" The following communication was received here 
last evening : 

'" Petersburg, Va., "> 
" 'January 30, 1865. / 
" ' Lieut.-Gen. U. S. Grant, 

" ' Commanding Armies of the i 'nited States : 
"'Sir: We desire to pass your lines under safe 
conduct, and to proceed to Washington to hold a con- 
ference with President Lincoln upon the subject of the 
existing war, and with a view of ascertaining upon 
what terms it may be terminated, in pursuance of the 
course indicated by him in his letter to Mr. Blair, of 
January 18, 1865, of which we presume you have a 
copy, and if not, we wish to see you in person, if con- 
venient, and to confer with you on the subject. 
"' Very respectfully yours, 

" 'Alexander H. Stephens, 

" ' y. A. Campbell, 

"• R. M. T. Hunter.' " 

" ■ I have sent directions to receive these gentle- 
men, and expect to have them at my quarters this 
evening awaiting your instructions. 

" * U. S. Grant, Lieut. General, 

" 'Commanding Armies of the United States.' " 

This, it will be perceived, transferred General Ord's 
agency in the matter to General Grant. I resolved, 
however, to send Major Eckert forward with his mes- 
sage, and accordingly telegraphed General Grant as 
follows, to wit : 

" Executive Mansion, Washington, \ 

"January 31, 1S65. J 

"Lieut.-Gen. Grant, City Point, Va..' 

"A messenger is coming to you on the business 
contained in your despatch. Detain the gentlemen 
in comfortable quarters until he arrives, and then act 
upon the message he brings as far as applicable, it 
having been made up to pass through General Ord's 
hands, and when the gentlemen were supposed to be 
beyond our lines. 

" (Sent in cipher at 1. 30 p. m.) 

"A. Lincoln." 

When Major Eckert departed, he bore with him a 
letter of the Secretary of War to General Grant, as 
follows, to wit : 

"War Department, Washington, D. C, 

"January 30. 1 865. 
" LlEt'T.-GENERAL GRANT, Commanding, etc. : 

"General: The President desires that you pro- 
cure for the bearer. Major Thomas '1". Eckert, an in- 
terview with Messrs. Stephens, Hunter, and Campbell, 
and if, on his return to you, he requests it, pass them 
through our lines to Fortress Monroe by such route 
and under such military precautions as you may deem 



APPENDIX P.— THE HAMPTON ROADS CONFERENCE. 



101$ 



prudent, giving them protection and comfortable 
quarters while there, and that you let none of this 
have any effect upon any of your movements or 
plans. 

" By order of the President, 
" Edwin M. Stanton, Secretary of War." 

Supposing the proper point to be then reached, I 
despatched the Secretary of State with the following 
instructions, Major Eckert, however, going ahead of 
him : 

" Executive Mansion, 1 
"January 31, 1865. J 

" Hon. Wm. H. Seward, Secretary of State : 

"You will proceed to Fortress Monroe, Va., there 
to meet and informally confer with Messrs. Stephens, 
Hunter, and Campbell, on the basis of my letter to 
F. P. Blair, Esq., of January 18, 1865, a copy of which 
you have. You will make known to them that three 
things are indispensable, to wit : 1st, the restoration 
of the National authority throughout all the States ; 
2d, no receding by the Executive of the United States 
on the Slavery question from the position assumed 
thereon in the late Annual Message to Congress, and 
in the preceding documents ; 3d, no cessation of hos- 
tilities short of an end of the war and the disbanding 
of all the forces hostile to the Government. You will 
inform them that all propositions of theirs not incon- 
sistent with the above, will be considered and passed 
upon in a spirit of sincere liberality. You will hear 
all they may choose to say and report it to me. You 
will not assume to definitely consummate anything. 
" Yours, etc., "Abraham Lincoln." 

On the day of its date the following telegram was 
sent co General Grant : 

" War Department, Washington, \ 
February I, 1 865. J 

" Lieut.-Gen. Grant, City Point, Va. : 

" Let nothing which is transpiring change, hinder, 

or delay your military movements or plans. 
" (Sent in cipher at 9.30 A. M.) 

" A. Lincoln." 



Afterward the following despatch was received 
from General Grant : 



Office U. S. Telegraph, 
" War Department 



w, \ 



" (In cipher.) 

" The following telegram was received at Washing- 
ton at 2.30 p. m., February 1, 1865, from City Point, 
Va., February 1, 12.30 P. M., 1865 : 

"'His Excellency Abraham Lincoln, 
"President of the United States : 
" ' Your despatch is received. There will be no 
t armistice in consequence of the presence of Mr. Ste- 
phens and others within our lines. The troops are 
kept in readiness to move at the shortest notice, if oc- 
casion should justify it. 

" ' U. S. Grant, Licut.-Gen? " 

To notify Major Eckert that the Secretary of State 
would be at Fortress Monroe and to put them in com- 
munication, the following despatch was sent : 



" War Department, Washington, | 
"February 1, 1865. / 

" T. T. Eckert, care General Grant, City Point, Va. : 
" Call at Fortress Monroe and put yourself under 
the direction of Mr. S., whom you will find there. 

"A. Lincoln." 

On the morning of the 2d inst., the following tele- 
grams were received by me from the Secretary of Slate 
and Major Eckert : 

" Fortress Monroe, Va. — 1 1.30 p. m., 1 
" Febi uary I, 1S65. / 
" The President of the United States ; 

"Arrived here this evening. Richmond party not 
here. 1 remain here. 

" Wm. H. Seward." 

" City Point, Va. — 10 p. m., ) 

"February I, 1865. / 

" His Excellency A. Lincoln, 

"President of the United States : 
" I have the honor to report the delivery of your 
communication and my letter at 4.15 this afternoon, 
to which I received a reply at 6 P. m., but not satis- 
factory. At 8 P. M. the following note, addressed to 
General Grant, was received : 

"'City Point, February 1, 1865. 
"' To Lieutenant-General Grant: 

" ' Sir : We desire to go to Washington City to 
confer informally with the President personally, in 
reference to the matters mentioned in his letter to 
Mr. Blair of the 18th of January, ult., without any 
personal compromise on any question in the letter. 
We have the permission to do so from the authorities 
in Richmond. 

" ' Very respectfully yours, 

•• ■ Alexander H. Stephens, 
"'R. M. T. Hunter, 
" 'J. A. Campbell.' " 

"At 9.30 P. M., I notified them that they could not 
proceed further unless they complied with the terms 
expressed in my letter. The point of meeting desig- 
nated in the above would not, in my opinion, be in- 
sisted upon. I think Fortress Monroe would be 
acceptable. Having complied with my instructions, 
will return to Washington to-morrow, unless other- 
wise ordered. 

" Thomas T. Eckert, Major, etc" 

On reading this despatch of Major Eckert's I was 
about to recall him and the Secretary of State, when 
the following telegram of Ceneral Grant to the Sec- 
retary of War was shown me : 

" Office U. S. Military, War Department. 
" (In cipher.) 

" The following telegram, received at Washington, 
at 4.35 A. M., February 2, 1S65, from City Point, Va., 
February I, 1865 : 

"'To Hon. F. M. STANTON, Secretary of War : 

"'Now that the interview between Major Kckert, 
under his written instructions, and Mr. Stephens and 
party, has ended, 1 will state confidentially, but not 
officially, to become a matter of record, that I am con- 
vinced, upon conversation with Messrs. Stephens and 



ioi6 



APPEXDIX P.— THE HAMPTON ROADS CONFERENCE. 



Hunter, that their intentions are good and their desire 
sincere to restore peace and Union. I have not felt 
myself at liberty to express even views of niv own, 

or to account f>r my reticence. This has placed me 

in an awkward position, which I could ha\e avoided 
by not seeing them in the first instance. I fear now 
i heir going back without any expression to any one 
i.i authority will have a bad influence. At the same 
nine 1 recognize the difficulties in the way of receiv- 
ing these informal Commissioners at this time, and 
1 do not know what to recommend. I am sorry, 
i trover, that Mr. Lincoln cannot have an interview 
with the two named in this despatch, if not all three 
now within our lines. Their letter to me was all 
that the President's instructions contemplated to 
secure their safe-conduct, if they had used the same 
language to Captain Eckert. 

" ' L. S. Grant, Lieutenant- General? " 

This despatch of General Grant changed my pur- 
pose, and accordingly 1 telegraphed him and the Sec- 
leiary of War as follows: 

"War Department, Washington,') 

''February 2, 1S65. / 

'* To Lieutenant-General Grant, City Point, Va. : 
" Say to the gentlemen that I will meet them per- 
sonally at Fortress Monroe as soon as I can get there. 
'• (Sent in cipher at 9 a. M.) "A. Lincoln." 

" War Department, Washington, D. C., "i 
" February 2, 1865. / 

"To Hon. Wm. II. SEWARD, Fortress Monroe, Va.: 
" Induced by, a despatch from General Grant, I 

join you at Fortress Monroe as soon as I can come. 
" (Sent in cipher at 9 a. m.) "A. Lincoln." 

Before starting the following despatch was shown 
me. I proceeded, nevertheless: 

"Office U. S. Military Telegraph, \ 
" War Department. J 

" (In cipher.) 

"The following telegram was received at Wash- 
ington, February 2, 1865, from City Point, Va., 9 
A. M., February 2, 1S65; 

'"To Hon. w. II. Seward, 

"Secretary of State, Fortress Afonroe : 
" ' (Copy to Hon. E. M. Stanton, Secretary of War.) 
"'The gentlemen here have .accepted the pro- 
posed terms and will leave for Fortress Monroe at 
9.31) A. M. 

" ' U. S. Grant, Lieutenant' General?, " 

On the night of the 2d T reached Hampton Roads, 
and found the Secretary of State and Major Eckerl in 
a steamer anchored off the shore, and learned of them 
that the Richmond gentlemen were in another steamer, 
also anchored off shore in the Roads, and that the 
Secretary of State had not yet seen or communicated 
with them. I ascertained that Major Eckert had lit- 
erallv complied with his instructions, and I saw for 
the first time the answer of the Richmond gentlemen 
to him, which, in his despatch to me of the 1st, he 
characterized as not satisfactory. That answer is as 
follows, to wit : 



"City Point, Va., February \, 1S65. 
"To Thos. T. ECKERT, Major and Aide-de- Camp: 

" Major ; Your note delivered by yourself this day 
has been considered. In reply, we have to say that 
we were furnished with a copy of the letter of Presi- 
dent Lincoln to F. P. Blair, of the iSth of January, 
nit. Another copy of which is appended to your 
note. Our intentions are contained in the letter, of 
which the following is a copy : 

" ' Richmond, January 2S, 1865. 

" ' In conformity with the letter of Mr. Lincoln, of 
which the loregoing is a copy, you are to proceed to 
Washington City for an informal conference with him 
upon the issues involved in the existing war, and for 
the purpose of securing peace to the two countries. 
" ' With great respect, your obedient servant, 

" 'Jefferson Davis.' 

"The substantial object to be attained by the in- 
formal Conference is to ascertain upon what terms 
the existing war can be terminated honorably. ( lur 
instructions contemplate a personal interview between 
President Lincoln and ourselves at Washington; but, 
With this explanation, we are ready to meet any per- 
son or persons that President Lincoln may appoint, at 
such place as he may designate. Our earnest desire 
is that a just and honorable peace may be agreed 
upon, and we are prepared to receive or to submit 
propositions which may possibly lead to the attain- 
ment of that end. 

" Very respectfully yours, 

" Alex. h. Stephens, 
" Robert M. T. Him er, 
" John A. Campbell." 

A note of these gentlemen, subsequently addressed 
to General Grant, has already been given in Major 
Kckert's despatch of the 1st inst. I also saw here for 
the first time the following note addressed by the 
Richmond gentlemen to Major Kckert : 

" City Point, Va., February 2, 1S65. 
" Thomas T. ECKERT, Major and A. I). C. : 

" Major : In reply to your verbal statement that 
your instructions did not allow you to alter the con- 
ditions upon which a passport would be given to u>, 
we say that we are willing to proceed to Fortress 
Monroe, and there to have an informal Conference 
with any person or persons that President Lincoln 
may appoint, on the basis of his letter to Francis P. 
Blair of the 1 8th of January, ultimo, or upon any 
other terms or conditions that he may hereafter pro- 
pose not inconsistent with the essential principles of 
Self-government and Popular Rights, upon which our 
institutions are founded. It is our earnest wish to 
ascertain, after a free interchange of ideas and infor- 
mation, upon what principles and terms, if any, a just 
and honorable peace can be established without the 
further effusion of blood, and to contribute our utmost 

efforts to accomplish such a result. We think it bet- 
ter to add, that in accepting your passport, we are not 
to be understood .is committing ourselves to anything, 
but to carry on this informal Conference with the views 
and feelings above expressed, 

" Very respectfully yours, etc., 

'• A i.i x. II. Stephens, 
"R. M. T. Hunter, 
"J. A. Campbell." 



APPENDIX S.— SPEECH OF HON. LINTON STEPHENS. 



1017 



" \_Note. — The above communication was delivered 
to me at Fortress Monroe at 4.40 P. M., February 2, 
by Lieutenant-Colonel Babcock, of General Grant's 
Staff. 

" Thos. T. Eckert, Major and A. D. C] 

"Executive Mansion, February 10, 1S65." 

On the morning of the 3d, the gentlemen, Messrs. 
Stephens, Hunter, and Campbell, came aboard of our 
steamer and had an interview with the Secretary <>f 
State and myself of several hours' duration. No 
question of preliminaries to the meeting was then 
and there made or mentioned. No other person 
was present. No papers were exchanged or pro- 
duced, and it was in advance agreed that the con- 
versation was to be informal and verbal merely. On 
my part the whole substance of the instructions to the 
Secretary of State, hereinbefore recited, was stated 
and insisted upon, and nothing was said inconsistent 
therewith, while, by the other party, it way not said 
that in any event or on any condition they ever would 
consent to reunion ; and yet they equally omitted to 
declare that they would never so consent. They 
seemed to desire a postponement of that question and 
the adoption of some other course first, which, as 
some of them seemed to argue, might or might not 
lead to reunion, but which course we thought would 
amount to an indefinite postponement. 

The Conference ended without result. 

The foregoing, containing, as is believed, all the 
information sought, is respectfully submitted. 

Abraham Lincoln. 



APPENDIX S. 

SjtEECH of Hon. Linton Stephens, in Macon, 
Georgia, on the " Reconstruction M easures " 
and the " Enforcement Act" of 1S70, Deliv- 
ered 23D of January, 187 i. 

May it please the Court ; I know full well that, if 
your Honor is not superior to the average of poor 
human nature, you will find it difficult, if not impos- 
sible, to give my defence in this case an impartial 
consideration and an honest decision. The prosec 1- 
tion against me is founded on the course which I took 
in the recent political election, which resulted in a 
victory for my party and a defeat for yours. It is 
also directly in the line of an assault which was lately 
made against me in the newspapers by the official 
head of your party in this State. I, therefore, recog- 
nize in this case a political prosecution, just as dis- 
tinctly as I recognize in my judge a most zealous and 
determined political opponent. Yet, sir, there are 
other considerations which encourage me to hope 
that I may obtain, even from you, that decision which 
is demanded by justice and by the laws. From the 
personal knowledge of you which I have acquired 
since the beginning of this trial, I have discovered 
that you are a man of decided intelligence; and I am 
told that you are a man of courage. I am also told 
that you, yourself, have been, in some instances, a 
victim of political persecution, and an object of un- 
just obloquy. Surely, such a man, with such an ex- 
perience, ought to give a fair hearing to one whose 
only fault is not any wrong which he lias committed 
against the laws, but the damage which he has in- 
flicted upon a political party. My greatest encour- 



agement, however, is derived from my confidence in 
the lawfulness of my conduct and the power of truth. 
To truth, bravely upheld, belongs a triumph which 
cannot be defeated nor long delayed, not even by the 
intensest prejudices of partisan strife. I am strength- 
ened, too, in the advocacy of truth, on this occasion, 
by the consciousness thai, in defending myself, I 
shall be but defending principles which are dear to 
every American, because they lie at the foundation of 
the whole fabric of American constitutional liberty. 
Now, sir, unless I am much mistaken in the estimate 
which I have formed of your character, will you listen 
to my defence any the less favorably because of the 
frankness and boldness with which I shall present 
it? 

I am accused under the Enforcement Act of Con- 
gress. 

My first proposition is, that this whole act is not a 
law, but a mere legal nullity. 

It was passed with the professed object of carrying 
into effect what are called the XlVth and XVth 
amendments of the Constitution of the United States, 
and depends on their validity for its own. 

These so-called amendments are, r> I shall now 
proceed to show, not true amendments of the Consti- 
tution, and do not form any part of that sacred instru- 
ment. They are nothing but usurpations and nulli- 
ties, having no validity themselves, and therefore 
incapable of imparting any to the Enforcement Act, 
or to any other act whatsoever. 

I take occasion to say, that I regard the XHIth 
amendment, abolishing slavery, as clearly distin- 
guishable from the XIYth and XVth so-called amend- 
ments, in the manner both of its proposal and of its 
ratification. The contrast between it and them will 
contribute to make their invalidity all the more ap- 
parent. It is true, that when the XII Ith amend- 
ment was proposed, ten States of the Union were ab- 
sent from Congress; but their absence was voluntary, 
and therefore did not affect the validity of their pro- 
posal. It is true, also, that the Legislatures which 
ratified it for these ten States had their initiation in 
a palpable usurpation of power on the part of the 
President of the United States; yet, it is also unques- 
tionably true, that they were elected and sustained by 
overwhelming majorities of the true constitutional 
constituencies of the States for which they acted; 
they rested on the consent of the people, or constitu- 
tional constituencies of the States, and were therefore 
truly " Legislatures of the States." This amend- 
ment was ratified by these Legislatures of the States 
in good faith, and in conformity with the almost 
unanimous wish of the constitutional " Peoples." 

I low different is the case of the XIYth and XVth 
so-called amendments! If these are parts of the 
Constitution, I ask. How did they become 
Were they proposed by Congress in a constitutional 
manner? 

In framing and proposing them, every State in the 
Union was entitled, by the express terms ot the ('in- 
stitution, to be represented in speech and vote by 
"two Senators " and "at least one Representative." 
But ten States of the Union were absent. This time 
their absence was not voluntary, but compulsory: 
when they were claiming a hearing, through their 
Constitutional representatives, they were driven away, 
and denied all participation in framing and proposing 
intendments! Was this a constitutional mode 
of proposal? I say it was an unconstitutional mode, 
and that the proposal was, ai initio, null and void. 



ioi8 



APPENDIX S.— SPEECH OF HON. LINTON STEPHENS. 



But how stands the ratification of these so-called 
amendments? To say nothing about the duress of 
bayonets and Congressional dictation, under which 
the ratification was forced through the ratifying bodies 
in the ten Southern States, the great question is, Who 
were these ratifying bodies? Were they Legislatures 
of the States? They were not. They were the 
creatures of notorious and avowed congressional 
usurpation. They were elected, not by the constitu- 
tional constituencies of the States, but by constitu- 
encies created by Congress, not only outside of the 
Constitution, but in palpable violation of one of its 
express provisions. The suffrage, or political power, 
of the States is not delegated to the general govern- 
ment by the Constitution ; but, on the contrary, its 
reservation, by the States, is rendered exceedingly 
emphatic by that provision of the Constitution which, 
instead of creating a constituency to elect its own 
officers — President, Vice-President, and members of 
Congress — adopts the constituencies of the States, as 
regulated by the States themselves, for the election 
of the most numerous branch of their own Legis- 
latures. 

Ten of the ratifications, which were falsely counted 
in favor of these miscalled amendments as ratifica- 
tions by Legislatures, were only ratifications by bodies 
which had their origin in Congressional usurpation, 
were elected by illegal constituencies, unknown to 
the Constitution of the United States, or the Consti- 
tutions of the States, and were organized and manipu- 
lated under the control of military commanders who 
claimed and exercised the jurisdiction of passing 
upon the election and qualification of their mem- 
bers. Can these joint products of usurpation, fraud, 
and force be palmed off as Legislatures of States ? 
Can ratifications by them he accepted as ratifications 
by Legislatures of States? Can falsehood thus be 
converted into truth Uy the thimble-rigging of Presi- 
dential proclamations ? These bodies were, indeed, 
set up by their usurping creators as Legislatures for 
and ever States; but until the known trulh of re- 
cent history can be blotted out by the mere power of 
shameless assertion, they cannot be recognized as 
Legislatures of States. The Parliament of Great 
Britain is a Legislature for and over poor, down- 
trodden Ireland; but what Irishman will ever recog- 
nize it as the Legislature of Ireland? 

The false, spurious, and revolutionary character of 
these ratifying bodies is rendered still more glaring 
by the fact that, supported by the bayonet, they sub- 
verted, or rather repressed, the true, legitimate Leg- 
islatures of all the States where reconstruction was 
applied. That such Legislatures existed in these 
States, and are indeed still existing, is demonstrable 
from the facts, viewed in the light of either of the 
two theories of secession — that of its validity or in- 
validity. On either theory, the seceding States re- 
mained States. On the one theory, they were States 
of the Union ; on the other, they have remained all 
the while States in the Union. The Supreme Court 
of the United States, in the recent case of White vs. 
Texas, speaking through Mr. Chief-Justice Chase, 
held that secession was invalid, and that the States 
which had attempted it remained, and still are, States 
in the Union. 

A State is not a disorganized mass of people: it 
is an organized political body. It must have a Con- 
stitution of some sort, written or traditional. Being 
an organized body, it must have a law of organiza- 
tion, or composition, or constitution, defining the 



depositary of its political power. Where there is no 
such constitutional, or constituting, or organizing, or 
fundamental law, there can be no organizaiion — no 
State. These ten States, then, which seceded, or 
attempted to secede (as the one theory or the other 
may be held), have all the while had Constitutions. 
In point of fact, each of these has ever been a written 
Constitution, giving the ballot to defined classes of 
citizens who are known as the constitutional con- 
stituency of the State. This constitutional constitu- 
ency is entrusted by each of these Constitutions with 
power over the Constitution itself, in modifying or 
changing it, and, of course, in modifying or changing 
the organization or composition of the constitutional 
constituency. This constitutional constituency is the 
depositary of the highest political power of the Stale. 
Any change made in the Constitution or organization 
of the State, or in the composition of the constitu- 
tional constituency, as it may exist at any time, with- 
out the concurrent action of the constitutional con- 
stituency itself, is revolution: it is disorganization; 
it is the subversion or suppression (as it may prove 
permanent or temporary) of one organization, and 
the substitution of any other; it is the abolition (per- 
manent or temporary) of the old State, and the in- 
troduction of a new one. 

Each of these ten States, in 1865, at the close of 
the war, being then a State, had a Constitution and 
a constitutional constituency linked back by unbroken 
succession to the Constitution and the constitutional 
constituency as they existed before secession. Seces- 
sion made no break in the chain. The provision 
which was put in the Constitution at the time of se- 
cession, connecting the State with the Confederate 
States, instead of with the United States, as its Fed- 
eral head, is wholly immaterial to the present pur- 
pose. On the one theory, it was simply void, and 
left the organization of the State, the Constitution, 
and the constitutional constituency intact. On rhe 
other theory, being valid, it modified, but did not 
impair, the integrity of the State organization. All 
this follows from, or rather is comprehended in, the 
one proposition that these ten States have never lost 
their character as Slates. 

Each of these ten States, being a State at the close 
of the war, in 1865, stands now de jure, just as it 
stood then, unless it has, since that time, been 
changed by the action of its constitutional constitu- 
ency. I think each of them was so changed in the 
latter part of that same year. In each of them, a 
convention was elected by a large and unquestion- 
able majority of the constitutional constituency (al- 
though a portion of them were excluded from voting), 
for the purpose of modifying the Constitution. 
These conventions repealed the ordinance of seces- 
sion, abolished slavery, and made some other changes 
in the several Constitutions, but, in most of the States, 
left the constitutional constituencies just as they stood 
before. In conformity with the Constitutions, as last 
modified by those conventions, each of the States was 
speedily provided with a complete government, con- 
sisting of a legislative, executive, and judicial depart- 
ment. It was by the Legislatures thus formed that 
the XHIth amendment of the Constitution of the 
United States, abolishing slavery, was ratified. 

Since that time, no change has been made in the 
organization of any of these States, with the co- 
operation or concurrence of the constitutional con- 
stituencies. Only very small minorities of the consti- 
tutional constituencies have co-operated in the work 



APPENDIX S— SPEECH OF HON. LINTON STEPHENS. 



IOI9 



of reconstruction. It is a notorious and unquestion- 
able fact, that an overwhelming majority of them, in 
each of the States, have been steadily and unswerv- 
ingly opposed to it, and have voted against it, when- 
ever they have voted at all. 

The clear result, in my judgment, is that each of 
these States now stands de jure, just as she was left by 
the action of her convention in 1865, with a complete 
government, formed under the Constitution of that 
year, including a legislature which still constitution- 
ally exists, and is capable of assembling any day, if 
it were only allowed to do so by the withdrawal of 
the bayonet. But she stands de facto, suppressed by 
a government originated and imposed on her by an 
external power, and supported alone by the bayonet. 
Such a government is the embodiment of anti-repub- 
licanism and despotism. Under just such a govern- 
ment, Ireland is writhing and Poland is crushed. 

Is it not now demonstrated that the bodies which 
ratified the so-called XlVth and XVth amendments, 
in the name of these ten States, were the revolution- 
ary products of external force and fraud, displacing 
the true legislatures which alone could have given a 
constitutional ratification? 

The so-called amendments, then, have been neither 
constitutionally proposed nor constitutionally ratified. 
How can they form parts of the Constitution ? 

A successful answer to this question would long 
ago have brought that peace and harmony which can 
never come from might overbearing right. Instead 
of giving such an answer, the authors of these meas- 
ures have sought to drown reason and argument in 
clamorous charges of violence and revolution against 
the victims, not the perpetrators of those crimes. 

But an answer has at last been attempted from an 
unexpected quarter. Strangely enough, it comes from 
one who has greatly distinguished himself by the 
vigor and ability with which he has denounced the 
whole scheme of reconstruction as a revolutionary 
usurpation and nullity; and, still more strangely, he 
adheres to that denunciation, while now arguing that 
these so-called amendments — the creatures and cul- 
minating points of that reconstruction scheme — are 
valid parts of the Constitution. Such a conclusion 
from such a beginning ! And yet, he is hailed by his 
new allies as a very Daniel come unto judgment. 
They were in a sore strait for an argument. 

He says these so-called amendments have become 
parts of the Constitution, because they have been pro- 
claimed as such by the power which, under the Con- 
stitution, has the "jurisdiction" to proclaim amend- 
ments. 

There has been much said, sir, about issues which 
are " dead :" surely here is one which is not only 
alive, but very lively. Let Americans hear and mark 
it: The Constitution of the United States can be 
changed — can be subverted — by Presidential procla- 
mation ! I once knew a man whose motto was, that 
a lie, well told, was better than the truth, because, he 
said, truth was a stubborn, unmanageable thing; but 
a lie, in the hands of a genius, could be fitted ex- 
actly to the exigencies of the case ; but even he ad- 
mitted that the lie must be well told, or it would not 
serve. If it should appear to be a lie, it would be 
turned from a thing of power into a thing for con- 
tempt. There has been progress, sir, since that man 
taught. It is now discovered that a known, proven 
lie is as good as the truth/provided it can only get 
♦'proclaimed" by a power having "jurisdiction" to 
proclaim it ! I, sir, know of no power — either on 



the earth, or above it, or under it — that has " jurisdic- 
tion " to " proclaim " lies ! Nay, sir, I know of no 
power which has jurisdiction to proclaim amendments 
to the Constitution. According to my leading of that 
instrument, amendments constitutionally proposed 
" shall be valid, to all intents and purposes, as part 
of the Constitution, when ratified by the legislatures 
of three-fourths of the several States, or bj conven- 
tions in three-fourths thereof, as the one or the other 
mode of ratification may be proposed by the Con- 
gress." The ratification by three-fourths of the 
States, acting through their legislatures or their con- 
ventions, sets the seal of validity on the amendment 
and makes it a part of the Constitution. Nothing 
else can do it. It must be a true ratification by a 
true legislature, or a true convention of the State. A 
false ratification by a true legislature of the State will 
not do. A true ratification by a spurious legislature 
will not do. The validity of the amendment, and its 
authority as a part of the Constitution, are made to de- 
pend upon the historic truth of its ratification as re- 
quired by the Constitution. Proclamations of false- 
hoods from Presidents, or from anybody else, have 
nothing to do with the subject. This is plain doc- 
trine, drawn from the Constitution itself. The valid- 
ity of the Constitution, in all its parts, depends upon 
the facts of their history. 

But, according to this new discovery, the President 
of the United States can subvert the whole Constitu- 
tion, and make himself a legal and valid autocrat, by 
simply "proclaiming" that an amendment of the 
Constitution to that effect has been proposed by two- 
thirds of each house of Congress, and ratified by the 
legislatures of three-fourths of the States, although it 
may be known of all men that there is not one word 
of truth in the proclamation. The President of the 
United States can legally convert himself into an au- 
tocrat by his own proclamation. Theories are quickly 
put into practice in these days. Let the country be- 
ware ! 

We are also told by this new Daniel, not only that 
the usurpation has become obligatory by its success, 
but there is no hope of getting rid of it; for he says 
it cannot be changed without another amendment, 
ratified by three-fourths of the States, and that there 
is no prospect of getting these three-fourths. Won- 
derful ! Why, he himself has taught us that the 
whole thing may be accomplished by a Presidential 
proclamation. We have only to elect a 1 tcmocratic 
President, and let him " proclaim " that a new amend- 
ment, abolishing the XlVth and XVth, has been duly 
proposed and duly ratified, and the thing is done. 
That, sir, would be the way taught by this new light; 
but it would never be my way. I do not propose to 
walk in the ways of falsehood : I prefer truth, be- 
cause it is nobler and grander. I believe, also, that, 
when it is supported by true and bold men, it is al- 
ways more powerful. My way would be to elect a 
Democratic President, and let him treat the usurpa- 
tion as a usurpation and a nullity, and let uim with- 
draw the bayonet and "proclaim" that the revolu- 
tionary governments in these ten States would not be 
supported by him, but thatlheconstitutioii.il repub- 
lican governments which now exist lure would be 
left free to rise from their state of forcible repn 
and do their natural ami legitimate work of true 
restoration, real p ace, sincere and cordial fraternity. 
The whole problem is solved by the simple with- 
drawal of the bayonet. 

I have now shown that the XlVth and XVth 



1020 



APPENDIX S.— SPEECH OF I/OX. LINTON STEPHENS. 



amendments do not form any part of the Constitution, 
and thus have made good my first position, that the 
whole Enforcement Aet, which depends solely upon 
(hem for its validity, is not a law, but merely a legal 
nullity. 

My second position is that, even if the so-called 
XlVth and XVth amendments were valid, yet all 
parts of the Enforcement Act, claimed as appli- 
cable to my case, are utterly "outside" of them, and 
(being confessedly outside of the Constitution, apart 
horn them) are unconstitutional, and not binding as 
law. 

The XIYih amendment, and the small part of the 
Enforcement Act relating to it, have no relevancy to 
this prosecution, and I shall say nothing further about 
them. 

Those parts of the act, claimed as applicable to my 
case, rest solely upon the XVth for their validity; 
and, in order to see whether they are outside of it or 
not, it becomes necessary to know what are the terms 
and extent of the amendment. 

The etlect of its terms is strangely misapprehended. 
It seems to be regarded as a thing which, by its 
terms, secures the right of suffrage to the negro, and 
empowers Congress 10 enforce that right. This is a 
total and most dangerous mistake. Here is the 
amendment ; it is not longer than the first joint of my 
little finger : 

"Sec/ion I. The right of citizens of the United 
States to vote shall not be denied or abridged by the 
I nited States, or by any State, on account of race, 
color, or previous condition of servitude. 

"Section 2. The Congress shall have power to en- 
force this article by appropriate legislation." 

This is the whole of it. Now, sir, I defy refuta- 
tion, when I affirm that, by these terms, the right of 
suffrage is not conferred upon, nor secured to, any 
person or class of persons whomsoever. The whole 
is simply a prohibition on the United States, and the 
several States. The United States, in legislating for 
the District of Columbia or a Territory, and the 
several States, in regulating their suffrage, each for 
herself, are prohibited from denying it to anybody, 
or abridging its exercise on either one of the three 
grounds — race, color, or previous condition of servi- 
tude — but are left perfectly free to abridge it or deny 
it on any other ground whatsoever — sex, female or 
male, ignorance or intelligence, poverty or wealth, 
crime or virtue, or any other of an innumerable mul- 
titude of other grounds. In point of fact, the right 
i- denied, both by the United States and by each one 
ol the several States, on many of these other grounds, 
and the denial is enforced under heavy penalties, not 
only by the laws of the States, but by this very En- 
forcement Act itself. To say that the right is con- 
ferred on or secured to anybody, because it cannot be 
denied for any one or all of three reasons out of an 
indefinite number of possible and usual reasons, is 
pimply absurd. As well say that a plat of ground is 
fenced or secured from intrusion by putting a wall on 
"in- o( its many sides, leaving all the other sides per- 
fectly open. A righl is not conferred or secured by 
.1 law when it can be denied without a violation of 
thai law. 

This brings me to the crucial test of my second po- 
sition. Whether I have violated any provisions of 
the Enforcement Act or not, it is at least certain that 
I hive not violated the XVth amendment. It is af- 
firmatively proven, by the testimony of the two prose- 
cutors in this case — the two negro managers of elec- 



tion — that I did not object to, or in any manner in- 
terlere with, any vote on the ground of either race, 
color, or previous condition of servitude. It is mani- 
fest, then, that if I have violated any part or parts of 
the Enforcement Act, such part or parts are "out- 
side - ' of the amendment, and unauthorized by it, 
since I have not violated the amendment itself. I 
have not violated the amendment, even il its prohi- 
bition reached private citizens, instead of being con- 
fined, as it plainly is, to the United States and the 
Stales severally. 

The truth is, that far the greater part of the En- 
forcement Act is "outside" of the amendments 
which it professes to enforce. This act presents an- 
other live and very lively issue to the people of this 
country; and already are the thunders of opposition 
heard from Republican as well as from Democratic 
quarters. Under the pretence of restraining the 
United States and the several States from denying or 
abridging the right of suffrage on account of race, 
color, or previous condition of servitude, this act 
takes control of the general and local elections in all 
the States — seizing the whole political power of the 
country, and wielding it by the bayonet; and fills up 
pages of the statute-book with new offences and 
heavy penalties leveled, not against the United States 
or the several States, or their officers, by whom alone 
the XVth amendment can possibly be violated, but 
against private citizens. The Alien and Sedition 
acts, which, by the power of their recoil, extermin- 
ated their authors, were not equal to this act. either 
in the nakedness or the danger of their usurpation. 
If this act shall prevail and abide as law, then our 
heritage of local self-government, lost to us, will pass 
into history, and there stand out forever a glory to 
the noble sires who wrung it from one tyranny, and a 
shame to the degenerate sons who surrendered it to 
another. 

My third and last position is, that even if the En- 
forcement Act were valid in all its parts, yet I hi ve 
not violated any one of them. I am accused under 
its fifth and nineteenth sections. 

The fifth provides a penalty against " preventing, 
hindering, controlling, or intimidating, or attempting 
to prevent, hinder, control, or intimidate," any person 
from voting, " to whom the right of suffrage is secured 
or guaranteed by the XVth amendment." I have 
already demonstrated that the XVth amendment se- 
cures or guarantees the right of suffrage to nobody 
whomsoever. It is impossible, therefore, that 1 am, 
or that anybody ever can be, guilty under that section. 

liut again : The testimony utterly fails to show- 
that I interfered in any way with the voting of any 
person legally entitled to vote, or, indeed, with the 
voting of any person whomsoever. It was incumbent 
upon the prosecution to show what persons, if any. 
and that they were persons entitled to vote. The 
Enforcement Acl itsell indicts a penalty on all per- 
sons who vote illegally, anil, of course, cannot intend 
to punish the prevention or hindrance of illegal vot- 
ing. The attempted proof, as to my interference with 
voters, relates to four persons only. It fails to show 
that either one of the four was a person entitled to 
vote; it fails to show that three of them did not 
actually vole; it fails to show that any one of them 
offered to vote, or even desired to do so; it tails to 
show that any one of them heard me make a single 
remark, saw me do a single act, fir was even in my 
presence from the beginning to the end of the three 
days' election. 



APPENDIX S.— SPEECH OF HON. LINTON STEPHENS. 



1 02 I 



As to the remark which I made to a small crowd, 
about prosecuting all who should vote without having 
paid their taxes, I have this to say : In the first 
place, it is not shown who composed that crowd, nor 
that a single one of them was a person entitled to 
vote. In the next place, the remark was a lawful 
one ; for it was simply the declaration of an intention 
not to interfere with legal voters, but to prosecute 
criminals; and, therefore, cannot be tortured into a 
threat in any legal or criminal sense of that word. A 
threat, to be criminal, must be the declaration of an 
intention to do some unlawful act; and it never caif 
be unlawful to appeal to the laws. 

I pass to the charge, under the nineteenth section, 
that I interfered with the managers of election in the 
discharge of their duties, by causing their arrest under 
judicial warrant. That part of the nineteenth section 
which is invoked against me is in these words : " Or 
interfere in any manner with any officer of said elec- 
tions in the discharge of his duties." 

My first answer to this charge is, that the managers 
were arrested, not in the discharge of their duties, 
but in the violation of one of the most important of 
them — one prescribed, not only by the Constitution 
of the State, but by this very Enforcement Act itself: 
for the act made it their duly to reject all illegal votes, 
and provided a penalty for receiving them. These 
managers had received, and were still receiving, the 
votes of persons who had not paid their taxes of the 
year next preceding the election, as required by the 
Constitution of this State. The testimony shows that 
this fact was fully proven, and not denied by them, 
on the commitment trial before the magistrate. The 
reply to it then was, and now is, not a denial, but a 
justification, on two grounds ; one of these grounds, 
was, that the oath which they had taken, under the 
Akerman Election Act, required them to let every 
person vote who was of apparent full age, was a resi- 
dent of the county, and had not previously voted in 
that election. They said then, and it is now said 
again here, that they could not inquire into the non- 
payment of taxes, or any other constitutional qualifi- 
cation for voting, except only non-age, non-residence, 
and previous voting in that election ; and yet, a man 
who was of full age, and a resident of the county, 
and who had not previously voted, was excluded by 
these same managers on the ground that he was a 
convicted felon. Their own action in excluding the 
felon is utterly inconsistent with their construction of 
the obligation of their oath. The oath, as construed 
by them, and now construed here by the prosecuting 
attorney, is in plain conflict with the Constitution, 
and is, therefore, void, and could not relieve them 
from their constitutional duty to exclude all who had 
not paid their taxes. The first ground of the man- 
agers' justification, therefore, fails. 

Their other ground was, that the unpaid tax of 
those whom they had allowed to vote without pay- 
ment of taxes was only poll-tax, and that the poll-tax 
had been declared by the Legislature to be illegal and 
unwarranted by the Constitution, and its further col- 
lection suspended. 

The fact that it was only poll-tax does not appear 
from the evidence before your honor, but I admit it 
to be true. I did not come here to quibble: I am 
here to justify my conduct under the law, on the 
truth as it exists, whether proven here or not. My 
answer is, that this declaratory act of the Legislature 
is false, unconstitutional, null and void. The act is 
but the opinion of the Legislature, concerning the 



constitutionality of a previous act of 1869, imp wmg 
the poll-tax of that year. That act is before me, im- 
posing a poll-tax of one dollar per head '• for educa- 
tional purposes," using the very words which are 
used by the Constitution itself in defining the purpose 
for which poll-taxes may be imposed. Now, sir, the 
question which I ask is, What is it that makes this 
act "illegal" or unwarranted by the Constitution? 
Surely it is not made so by the subsequent declara- 
tion of the Legislature, put forth just before the elec- 
tion, to serve a palpable, fraudulent, party purpose. 

The Legislature is not a court; but, on the contrary, 
it is expressly prohibited by the Constitution Irom 
exercising judicial functions, and its declarations con- 
cerning the constitutionality of legislative acts have 
no more authority than those of private citizens. The 
single question, then, is whether the declaration in 
this case is true. The Legislature assigned its rea- 
son for the opinion it gave. What is that reason ? 
It is, that the Constitution limits the imposition of 
poll-taxes to educational purposes; and that when 
the poll-tax in question was imposed, there was no 
system of common schools or educational purpose to 
which it could be applied. Therefore, they said its 
imposition was "illegal and unwarranted by the I 'mi- 
stitution." They said it was unwarranted by the 
Constitution to provide the money before organizing 
the schools to which the money was to be applied ; 
that is to say, the only constitutional way to 01 
the schools was to go in debt for them ! 1 lack 
words, sir, to properly characterize the silliness of this 
reason. 

But, curiously enough, the Constitution itself took 
the very course which these sapient legislators de- 
clared to be illegal and unwarranted by the Constitu- 
tion. It provided money and devoted it to these 
very common schools, which were still in the womb 
of the future at the time of its adoption. It dedicated 
to that purpose the whole educational fund which 
was then on hand. Therefore, I say, this declaratory 
act is not only false, but is in the very teeth of the 
Constitution itself. Mark you, sir : it did not repeal, 
nor attempt to repeal, the poll-tax : it only suspended 
its collection. But, 1 say, if it had been a repeal in 
terms, instead of a mere suspension, it could not 
change the case as to the right of a person to vote 
without having paid the tax. The constitutional re- 
quirement is, that " he shall have paid all taxes which 
may have been required of him, and which he may 
have had an opportunity of paying agreeably to law 
for the year next preceding the election." The poll- 
tax was required in April, 1869, and continued lo be 
required up to the passage of the aforesaid false 
declaratory act in October, 1870 — a yenr and a-half. 
During all that period, taxpayers had "opportunity" 
to pay it. On the day of election, then, any man 
who had not paid his poll-tax for 1869 stood in the 
position of not having paid a tax which had been re- 
quired of him, and which he had had very many oppor- 
tunities of paying agreeably to law. lie stood clearly 
within the letter of the constitutional disqualification 
for voting. He stood also within its reason and 
spirit, for its true intention was to discriminate against 
the citizen who should not have discharged a public 
duty for the year next preceding the election. Noth- 
ing but payment could remove from him the character 
of a public delinquent. Legislative remission of the 
tax cannot serve the purpose, for he still stands, after 
that, as a man who has (ailed in a public duty. The 
most that can be said for him is, that after the repeal, 



IC22 



APPENDIX T.— RESULTS OF THE WAR. 



the tax ceased to be required of him ; but the only 
material facts — that it hail been required, and could 
hue been paid, but had not been paid — remain 
unaltered. 

The managers, then, in receiving the votes of per- 
sons who had not paid their poll-tax were not in " the 
discharge of their duties." Whether they thought so 
is not the question. If they were really wrong, then 
I was right; and surely I am not to be punished for 
being right. There was no interference with them 
in the discharge of their duties. 

But again : even if I were wrong in the opinion 
which I entertained of their duty, yet I did not inter 
fere with them unlawfully. The whole context of 
that clause, in the nineteenth section, under which 1 
am accused, shows that the interference contemplated 
is an unlawful interference — especially the words 
which come immediately after it: "Or by any of 
such means or other unlawful means," etc. This 
Word "other" shows, conclusively, that all the means 
contemplated were only such as were of an unlawful 
character. This would be implied in construing any 
penal statute, even if it were not expressed ; for the 
universal rule of construction for penal statutes is to 
con-true strictly against the prosecution, and liberally 
in favor of the accused. Is it possible that any judge 
can have the hardihood to hold that it was the inten- 
tion of this Enforcement Act to impart to managers 
of election the sacred character of Eastern Brahmins, 
making them too holy to be touched even for their 
crimes? Surely it was not intended to give them 
greater sanctity than belongs to peers of the British 
Parliament, or to legislators in our own country, 
while engaged in legislation. Notwithstanding all 
the high privileges accorded to them, all of these are 
subject to arrest in any place, at any moment, under 
a warrant charging breach of the peace or felony. 
"Was it intended to protect these managers from im- 
mediate accountability for all felonies which they 
might commit during three whole days? Until this 
shall be held as the intention of the Enforcement 
Act, it is impossible to maintain that I have violated 
it in any particular whatever. 

The Constitution declares that " the right of the 
citizen to appeal to the courts shall never be im- 
paired." My whole offence, sir, is this — that I ap- 
pealed to a court of competent jurisdiction ! I de- 
voutly believed that I was right in my opinion of the 
law 1 . I believe so now; but, whether I was right or 
wrong in my opinion, who will dare to say that I 
was wrong in testing that opinion — not by the strong 
hand, but by appealing to a court appointed by the 
Constitution for the very purpose of deciding the 
ijuestion ? That court decided that I was right ; and 
the "interference" which followed, sir, was the inter- 
ference, not of myself, but of the law, as expounded 
and administered by a judicial tribunal. Moreover, 
sir, the decision of that tribunal stands as the law of 
the case until it shall be reversed according to law. 
These managers were charged with felony under the 
laws of this State. Was it a crime for me to seek a 
judicial inquiry into the truth or probability of such 
a charge? I suspect, sir, that my real crime, in the 
estimation of my prosecutors, is that the judicial in- 
terposition invoked by me had the effect of preventing 
numerous repetitions of a crime which would have 
done signal service to their political parly. 

If angry power demands a sacrifice from those who 
have thwarted its fraudulent purposes, I feel honored, 
sir, in being selected as the victim. If my suffering 



could arouse my countrymen to a just and lofty indig 
nation against the despotism which, in attacking me. 
is but assailing law, order, and constitutional gov- 
ernment, I would not shrink from the sacrifice, 
though my blood should be required instead of my 
liberty ! 



APPENDIX T. 

Results of the War. 

[From the " War Between the States."] 

Results of the War — Refusal of Mr. Johnson to approve the 
Sherman-Johnston Convention— Effects of this — The Presi- 
dent's I'olicy — The Reconstruction Policy of Congress — The 
XlVth Amendment to the Constitution — General Situation 
of the South — Condition of Things in Georgia— < > 
Rrown's Position — The Actual Results of the War thus far — 
The Abolition of Slavery — The Adoption of the XII Ith 
Amendment, but no Essential Feature in the Federal Systi m 
as yet Affected — Tendencies to ultimate Centralism and Em- 
pire. 

Mr. Stephens. — We come now, gentlemen, to the 
consideration of the results of this terrible conflict of 
arms, which grew out of the conflict of principles re- 
ferred to in the beginning, especially its effects upon 
the general character of the institutions of the Stales 
severally, as well as upon the nature and character of 
their relations to the Union, or upon the Federal sys- 
tem itself. This doub'e conflict, both in the council- 
chamber and on the field, we have seen, was between 
the defenders of the principles of federation on one 
side, and the advocates of consolidation on the other ; 
or in other words, between the defenders and opposers 
of the sovereign right of local self-government on 
the part of the peoples of the several States engaged 
in it. 

In considering these results in this view, up to this 
time, we can, of course, at present only note existing 
facts, and actual changes already effected, so far as 
they bear upon State and Federal affairs; and in con- 
nection with them, indulge such speculations as to the 
future, as these facts seem most reasonably to warrant. 
The real and permanent results of this war upon our 
institutions, and complex system of governments, are 
not yet fully developed. Though peace has been pro- 
claimed, the smoke from the battle-fields still clouds 
the horizon. President Johnson himself seems to be 
almost as much in the dark upon what will be the 
ultimate consequences of (he war, as lie was when, 
as Senator, he offered the celebrated resolution which 
we have specially noticed, declaring its objects and 
purposes. As he then did not " sec his way clearly," 
so, at the surrender of the Confederate armies, he 
seemed to be quite as incapable of having a clear per- 
ception of the legitimate consequences which neces- 
sarily and logically followed the doctrines and prin- 
ciples of that resolution. According to these doc- 
trines and principles, which expressly set forth the 
objects of the war on the Federal side not to be a 
subjugation of the peoples of the Confederate States, 
nor for the purpose of overthrowing or interfering 
with their rights or established institutions, but to pre- 
serve the Union of the States with all their dignity, 
equality, and rights unimpaired, as they then existed 
under the Constitution, he ought, by all means, it 
seems to me, as President, to have ratified and con- 
firmed the " Sherman Johnston Convention " before 
alluded to. This, as its terms show, was a complete 
abandonment of the war, and a formal engagement 
on the part of the Confederates no longer to resist 



APTENDIX T.— RESULTS OF THE WAR. 



I023 



the due execution of the laws of the United States. 
This engagement, as we have seen, had been entered 
into on the part of the Confederates, in pursuance of 
authority from President Davis, Commander-in-chief 
of the armies of the Confederate Stales. 

In considering the results of the war, therefore, as 
far as they have as yet developed themselves, and ob- 
serving to what they have as yet led, in the view it is 
proposed to take of them, it is not only important, 
but essential to note specially the most prominent 
facts bearing upon the subject in hand since the 
surrender up to this time. These, according to their 
importance, ill my judgment, I wdl now proceed to 
state in regular order. 

I. In the first place, then, the most important 
matter bearing upon the points we have in hand 
and which claims special attention, was this dis- 
approval by Mr. Johnson of the '* Sherman-Johnston 
Convention" referred to. His action on this occa- 
sion, in my opinion, must ever be considered as great 
an error in accomplishing his object, as was his error 
in the beginning in holding that the Union of the 
States under the Constitution could be preserved and 
rightfully maintained by force. This most extra- 
ordinary, if not fatal error of disapproving that Con- 
vention, is the more worthy of special notice here, 
from the fact that this action was so inconsistent with 
his own avowed principles, as well as with the avowed 
policy of Mr. Lincoln throughout the war, even down 
to the Fortress Monroe Conference, as we have seen. 
General Sherman, whether expressly clothed with 
authority by Mr. Lincoln, to enter into that Conven- 
tion, or not, in doing it and agreeing to the terms 
which he did, certainly acted not only in strict con- 
formity with the principles of Mr. Johnson's resolu- 
tion, which had been sanctioned by every member of 
the Senate and by every member of the House with 
two exceptions, but with the uniformly avowed policy 
of Mr. Lincoln throughout the war. Indeed, the 
facs warrant the belief that General Sherman, in 
entering into that Convention, acted under express 
authority, verbal if not written, from Mr. Lincoln 
himself; for it is well known that, just before it was 
entered into, he had gone round to City Point, where 
he had met, and had a pergonal interview with Mr. 
Lincoln; and had consulted him fully as to the course 
he should take in winding up the war, which he saw 
was now rapidly approaching its end. On these 
matters he had consulted him, even down to the 
minute detail as to what course he should take toward 
Mr. Davis — whether he should make a point to cap- 
ture him, or let him escape. This clearly appears 
from the newspaper accounts of a speech made by 
General Sherman in Ohio, not long afterwards. It 
was in this speech he related the very characteristic 
as well as felicitous anecdote, by which Mr. Lincoln 
in that interview illustrated his position, views, and 
wishes (exceedingly politic as they were), in regard 
to the arrest of Mr. Davis, and to which you, Judge 
Bynum, referred in illustration of your own position 
a few days ago.* 



* This is the newspaper account : 

" President Lincoln and Jeff Davis. — General Sherman 
says he asked President Lincoln explicitly when at City Point, 
whether he wanted him to capture Jeff Davis or l°t him escape, 
but the President gave him no reply except a Story about a tem- 
perance lecturer, who, one day, after a long ride in the hot sun, 
Stopped at th: house of a friend, an I was regaled with lemon- 
ade. His h >st insinuatingly asked, if he wouldn't like the 
least drop of something stronger to brace up his nerves after 
the exhaust rig- hi at and exercise? 

" ' No,' replied the lecturer. ' I couldn't think of it ; I'm op- 



Now, if President Johnson had, on this occasion, 
approved that Convention, he would have carried 
out his own principles as well as the policy of Mr. 
Lincoln, and the States would have been imme- 
diately restored (whether for better or worse) to 
their " practical relations to the Union," which was 
the whole professed object of the war; and he would 
have saved himself from those inextricable difficul- 
ties about "Reconstruction" in which he has since 
been involved by a departure from them. The Na- 
tional Authority, as Mr. Lincoln styled it, would 
have been immediately restored, and this, according 
to his idea, was a restoration of the Union. 

But instead of giving his approval to this Conven- 
tion, and thus, at once, effecting a complete restora- 
tion of the Union, or of the " States to their practical 
relations " to it, Mr. Johnson most strangely directed 
the war to be pushed to the overthrow of all the ex» 
isting State governments in all the Confederate States 
(except Tennessee, Kentucky and Missouri), and the 
arrest and imprisonment of all their chief executive 
officers, and the temporary establishment of complete 
military rule throng out the entire limits of the Con- 
federacy, with the exception mentioned. This, there- 
fore, as just stated, must be looked upon as an error 
of Mr. Johnson, differing in no respect in principle 
from the error of Mr. Lincoln in the inauguration of 
the war at the beginning. It was, moreover, a clear 
violation of the understanding of the Confederates, 
of the terms upon which their arms had been sur- 
rendered. The then existing State governments and 
their laws were clearly recognized in these terms. 

2. The next fact to be noticed in this connection, 
is the proclamation issued by Mr. Johnson as Presi- 
dent, on the 29th of May, which was a virtual an- 
nouncement of the close of the war, with an offer of 
amnesty and pardon upon certain conditions, to all 
who had participated in it on the Confederate side, 
except fourteen designated classes. Now, according 
to the principles as well as purposes set forth in his 
own resolution referred to before, when resistance 
had ceased, and the last Confederate arm had been 
surrendered, and when the Federal civil officers had 
been permitted to perform their functions in all the 
States, without let or hindrance, then the insurrec- 
tion, or rebellion, as he held the war to be on the part 
of the Confederates, was certainly put down, and the 
Union was, of course, instantly restored; and all the 
States should have been so recognized under their 
then existing State Constitutions; for the war had 
been professedly waged against individuals and not 
against organized communities or States, or against 
any of their institutions, much less their Constitute ins ! 
The States could be recognized only in their organ- 
ized character, as they existed by the terms of their 
fundamental law. But this he did not do. We are 
therefore brought to another step in the progress of 
events to be specially noted. 

3. On the same day — 29th of May — Mr. Johnson, 
as Commander-in-Chief of the Army of the United 
Slates, issued another proclamation, by which, as 
such Commander-in-Chief, he appointed Win. W. 
Holden military or provisional Governor of the State 



pcMtd to it on principle. But,' he added, with a longing glance 
at the black bottle that stood conveniently at hand, ' it you 
could manage to put in a drop unbeknownst to me, I guess it 
wouldn't hurt me much ' 

"'Now, General, said Mr. Lincoln, in conclusion, 'I'm 
bound to oppoM the escap; of Jeff Davis ; but if you Could 
manage to let him slip out unbeknownst like, 1 guess it wouldn't 
hurt me much.' " 



1024 



APPEXDIX P.— RESULTS OF THE WAR. 



of North Carolina, basing it upon a declaration that 
no civil government then existed in i hat State. This 
fact being so announced, the proclamation went on to 
set forth the terms and conditions upon which certain 
classes of electors under the Constitution of North 
Carolina a> it existed when the war commenced to 
the exclusion of others, might form a new Constitu- 
tion and St.ite government, which would be recog- 
nized by him as the legitimate government of that 
State. Similar proclamations were subsequently is- 
sued by him, in relation to the other Confederate 
States which were in the same condition. 

Out of the principles upon which these proclama- 
tions were based and issued, have arisen all those 
other agitating questions, to which I have just re- 
ferred, about " Reconstruction," in which he, the 
Congress, and the whole country are now embroiled. 
i But ju-t at this point, let it lie borne in mind that, 
in pursuance of these proclamations, the classes desig- 
nated by him in all the States respectively, did pro- 
ceed to make new Constitutions, to organize new 
State governments, and to elect members of the 
Senate and House of Representatives of the Con- 
gress of the United States. This was all done as 
speedily as could be done, after the issuance of the 
proclamations in reference to each of the Stales 
respectively. In the formation of their new Consti- 
tutions, however, two other prominent conditions 
were subsequently imposed by executive requisitions 
not embraced in the proclamations. One was the 
abolition of slavery, and the other the repudiation of 
what was called the war debt on the part of each 
State respectively. The power exercised in the issu- 
ance of these proclamations, and in the imposition of 
these executive requisitions upon the State conven- 
tions, must again be looked upon as differing in no 
respect whatever, so far as principle is concerned, 
from the powers claimed by Mr. Lincoln in his proc- 
lamations heretofore reviewed. Mr. Johnson, as yet, 
seems to have been, as Saul of Tarsus on his way 
to Damascus, " breathing out threatenings and 
slaughter !" Still, the great majority of the masses 
of the Southern people, being exceedingly desirous 
for peace ami harmony, notwithstanding the deep 
wrongs thus inflicted, were willing to accept the 
entire situation, and to comply in good faith, with all 
the terms thus imposed — especially as the whole was 
avowedly based on the idea, that when those terms 
should be complied with, the Slates would then be 
restored " to their practical relations to the Union." 
With these feelings and views, they did thus in good 
faith comply. Moreover, their legislatures elected 
under their new Constitutions, ratified the proposed 
Thirteenth Amendment to the Constitution of the 
United States; and by these ratifications on their 
part, that new provision in the organic law of the 
Union, was carried and proclaimed to be a part of 
the Constitution. Without counting their votes, it 
was lost ! 

In their action, throughout, on these subjects, they 
were influenced mainly by the strong hope that, not- 
withstanding the Union would be thus restored, some- 
what like the violent and unskilful resetting of dislo- 
cated joints with some ruptured ligaments, yet, when 
all the members of the Federal body politic sh^ild 
be once more in their proper places and their normal 
functions restored, the whole, after a while, would 
again assume healthful and vigorous action, by which 
future tranquillity, happiness, and prosperity would be 
amply secured. These were the feelings and views 



by which they were influenced in promptly complying 
with what is known as the President's policy. 

But now a new obstacle arose in a different quarter, 
which brings us to the consideration of another im- 
portant step in the progress of events. The Thirty- 
ninth Congress assembled in December, 1S65. Soon 
after its assemblage, all the States embraced in these 
proclamations, except Texas, were thoroughly reor- 
ganized under the executive policy, as just stated, 
with senators and memhers of Congress ready to take 
their seats, which Mr. Seward, who was Mr. John- 
son's as well as Mr. Lincoln's Secretary of State, had 
declared were still empty and ready for them in the 
National councils. This Congress, both in the Senate 
and House of Representatives, it must be recollected, 
refused to admit the senators and members elected 
from the Stales thus reorganized under the executive 
policy. They repudiated not only the resolution of 
the 26th July, 1S61, referred to, as Mr. Johnson had 
done himself, but also repudiated the principles upon 
which he had acted; not upon the grounds, however 
— which consistency required — that the Union was 
restored when the insurrection, or rebellion, so called, 
had been put down; but upon the grounds, that Mr. 
Johnson had not gone far enough in his action to- 
wards the great object of Centralism aimed at from 
the beginning by the party leaders of this Congress. 
They turned over the whole subject to a joint com- 
mittee of the two Houses, known as the celebrated 
" Reconstruction Committee." To this grand joint 
committee, organized upon the model of a Jacobin 
Junto, was given the entire control of the whole sub- 
ject. The restoration of the Union as it was (even 
with the abolition of slavery, so called) was not 
what they wanted. They demanded a thorough re- 
construction, so far as the Confederate States were 
concerned. This committee now openly proclaimed 
that the war had been waged, not for the preservation 
of the Union with the rights, dignity and equality of 
all the several States unimpaired under the Constitu- 
tion ! The mask so long worn by the leading spirits 
of the war party at the North, was now partly raised, 
and Mr. Johnson himself seems to have discovered 
for the first time, from the disclosures made, what 
were the real objects and purposes ol the controlling 
leaders of his late associates and allies, from the be- 
ginning! The monster principle of ultimate com- 
plete Centralism, from clear indications, now stood 
before him in new lights, and as he had never viewed 
it before ! 

This committee assumed the position that not only 
the States reorganized under Mr. Johnson's policy, 
but even Tennessee, should never more lake part in 
the public councils, without being first required not 
only to change their domestic institutions so far as 
concerned the relations of the two races (constituting 
parts of their population), but without also being 
shorn of their rights, dignity, and equality rs members 
of the Union under the Constitution! They thus 
openly repudiated their many most solemn declara- 
tions during the war, and in so doing showed clearly 
that these declarations were nothing but specious pre- 
texts resorted to at the time, by which thousands, and 
hundreds of thousands, and millions, perhaps, at the 
North had been designedly misled and deceived ! 

This position of the reconstruction committee upon 
these subjects is what led to the open rupture between 
Mr. Johnson and his late allies, and the mutual de- 
nunciations of treason and traitor, which are now pass- 
ing between them, and to which I referred some days 






APPENDIX T.— RESULTS OF THE WAR. 



IO25 



ago. But, wkhout commenting upon these, may it 
not most appropriately he here asked, if anything 
could more completely show the great wrong and in- 
justice of the war on the part of the Federals 
throughout, than the position assumed by this recon- 
struction committee, and which was affirmed by Con- 
gress ? During the whole period of four years' 
bloody strife, their avowed object was nothing more 
than to compel the Seceding States to return to a re- 
newal of their obligations under the Constitution ; 
and when this object was entirely effected, they stood 
before the country with the public declaration that 
they could not safely permit that to take place for 
which so much blood and treasure had been ex- 
pended ! 

What a spectacle they thus exhibited ! To fully 
appreciate its monstrous character, it should be con- 
sidered from two points of view: 

The war, remember, was waged by them for this 
avowed object of making other parties perform their 
duties under a compact, while they, themselves, were, 
at the very time and before, as we have seen, openly 
and confessedly faithless in the discharge of their 
own duties under the same compact ! Nay, more, 
this faithlessness on their part, remember also, was 
the cause of the Secession on the part of the others. 
Now, the spectacle would have been bad enough, 
if they had stopped with what they had, by superior 
power, been enabled thus to accomplish and had 
been satisfied with results so most wrongfully at- 
tained ! But how infinitely increased is the mon- 
strousness of their conduct, when, not content with 
the result so wickedly and nefariously reached, they 
proceeded to make further exactions for their own 
special advantage and greater power ! Is there to be 
found in the annals of mankind a parallel of such 
unblushing, double-faced, insolent and infamous ini- 
quity ? 

One thing which induced this extraordinary course 
was doubtless the discovery of the fact that by the 
abolition of slavery, so called, the Confederate States 
would be entitled to thirteen more members in the 
House under the then ratio of representation, than 
they had theretofore been under the three-fifths count 
of their black population, about which so much false 
clamor had been raised before the war. It now be- 
came clearly apparent, that the just and equal rights 
of the South had been curtailed by that clause of the 
Constitution, and that her political power, in the 
Federal Government, would be considerably aug- 
mented by the change in this respect, which had 
been effected in the new order of things. The terms 
at first exacted of the Confederate States by this 
Reconstruction Committee, whose report was agreed 
to in both Houses, were, that these States should 
agree to and ratify what they proposed to them as a 
further amendment to the Constituti >n of the United 
Spates, known as the Fourteenth Amendment, as a 
condition precedent to their being allowed represen- 
tation in either branch of Congress.* With these 



* Resolved by the Senate and House of Representatives 0/ 
the United States of America in Congress assembled (two- 
thirds of both Houses concurring) : That the It'll iwing Artii le 

be proposed to the Legislatures of the several St it' 
Amendment to the Constitution of the United States, which. 
when ratified by three-fourths of said Legislatures, shall be 
Talid as part of the Constitution, namely : 

Akticle XIV. 
Section 1. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of 
the United States and of the States wherein they reside. No 

65 



Congressional terms, Tennessee, on the 12th of Julv, 
1866, complied. The other States all failed, or refused 
to do so. This brings us to that scene in the drama 
now being enacted. How far it will come short of 
being the last scene of a like character, the great 
future alone can determine. To what is at present 
passing, therefore, on the political boards, and ex- 
hibiting the actual results of the war up to this time, 
as well as their general tendency to inevitable ulti- 
mate results of a far more serious nature, if action 
upon the line on which the whole has thus far been 
conducted be not arrested, we must now look. 

4. The next great fact, therefore, to be here spe- 
cially noticed, is the adoption by Congress of the 
" Reconstruction Measures," so called, which are 
now pending before the people of those States which 
have been denied representation in Congress. The 
first act of this character passed Congress in Feb- 
ruary of this year. This act more clearly shows the 
tendency of what may be looked to as the ultimate 
results of the war than any of the previous matters 
noted. The reasons assigned for this most extra- 
ordinary measure on the part of Congress, were no 
less extraordinary than the measure itself. It is 
amazing that men with intelligence and any regard 
for their character, could have had the audacious- 
ness in the face of notorious truths to assign the rea- 
sons which they did for their action in thi> matter! 
These were given in the Freamble to the act, and are ' 
as follows : 

" Whereas, no legal State Governments, or adequate 
protection for life or property, now exists in the rebel 
States of Virginia, North Carolina, South Carolina, 
Georgia, Mississippi, Alabama, Louisiana, Florida, 
Texas, and Arkansas; and, Whereas, it is necessary 
that peace and good order should be enforced in said 
States, until loyal and Republican State Governments 
can be legally established ! " etc. 

Was ever a solemn public declaration made by any 

State shall make or enforce any law whicb shall abridge the 
privileges or immuni ies of citizens of the United States ; nor 
shall any State deprive any person of life, liberty or property, 
without due procss of law, nor deny to any person within its 
jurisdiction the equal protection of the 1 ws. 

Section 2. Representatives shall be apportioned among the 
several States according to their respective numbers, counting 
the whole number of persons in each State, excluding In 
not taxed; but when the right to vote at any election, for the 
choice of electors for President and Vice- President of the Unit rl 
States, Representatives in Congress, the Executive and I 
officers of a State or the members ol the L gi.-l mire thereof, is 
denie I to any of the male inhabitants of such State (being 
twenty-one years of age, and citizens of the United States), or 
in any way abridged except fir participation in rebellion or 
other crime, the basis of representation therein shall he reduced 
in the proportion which the number of sueh male citizens shall 
bear to the whole number of male citizens twenty-one years of 
age, in said State. 

Section 3. No person shall be a Senator or Representative in 
Congress, or elector of President and Vice-President, or hi Id 
any office, civil or military, under the United States or under 
any State, who, having previously taken an oath as a meinl er 
of Congress, or as an officer of the United States, or as a mem- 
ber of .my Mate Legislature, cecutive or judicial 
officer of any State, to support the Constitution of the United 
States, shall have engaged in insurrection or rebellion a 
the same, or given aid or comfort to the enemies there 
Congress may, by a vote of two-thirds of ea h House, remove 
sin h disability. 

Section 4. The validity of the public debt of the Unit d 
States authorized by law, including debts incurred for pa\ no nt 
of pensions and bounties for services in suppressing in 
tion or rebellion, shall not be questioned ; but neither the Unite' 1 
States nor any State sh ill assume or pay an\ debt or obligation 
incurred in aid of insurrection or rebellion against the United 
States, or any claim for the loss or emancipation of any slave , 
but all such debts, obligations and claims shall be held 
and void. 

5. The Congress shall have power to enforce by ap- 
propriate legislation the provisions of this Article. 



1026 



APPENDIX T.— RESULTS OF THE WAR. 



respectable bodies of intelligent men, so utterly in- 
consistent with well-known facts, and facts, too, 
which had been previously recognized and acted upon 
by themselves? Were there not legal State Govern- 
ments then existing in every one of these " Rebel 
Stales," so called ? Was not every department of 
civil government — legislative, executive, and judicial 
— as regularly administered in them as ever before, 
and as regularly as in any of the States represented 
in the Congress which made this declaration ? If not, 
how was it that their nc's in ratifying the Thirteenth 
Amendment to the Constitution of the United States 
had been regarded as legal and valid by this very 
Congress which made this declaration ? If these 
State Governments were not legal, how could that 
amendment to the Constitution, carried by their 
action, be held and declared to be valid ? Moreover, 
were not life and property as thoroughly protected 
in them, as far as they can be protected by efficient 
laws, as in any of their own States? If there were 
violations of law, murders and other outrages, com- 
mitted in some of them, or all of them, was not the 
same true of all the States? Where is the State in 
\\ hich outrages of like character were not committed? 
Had General Grant, who had been sent specially 
lo examine into this matter, in bis report, intimated 
that there \va< any difference in these particulars be- 
tween the general state of things South and North? 
He certainly had not. 

But, again, how, with any regard for truth, could 
these States, in February, 1867, be said lo be Rebel 
States? Was there a single man in arms against the 
General Government within their entire limits? Was 
not the whole mass of their entire people perfectly 
submissive, even to the unjust and unconstitutional 
demands of the authorities at Washington ? How, 
also, could they be said to be disloyal in any sense? 
„;k1 not every officer in them, from their chief 
executives to their lowest magistrates, in the most 
bona fide manner, resumed their obligations to sup- 
port and defend the Constitution of the United States? 
Is there any other test of loyalty but this known to 
the Constitution, either for State or Federal officers? 
This Preamble, thus fixed to this first Reconstruction 
Act, can be regarded in no other light, than as one 
of the most reckless perversions of truth ever put 
upon public record; while the act itself must ever be 
regarded as one of the most palpable usurpations of 
power to be found in the history of the world. Well 
:id President Johnson, in his veto of such a mon- 
strous outrage, say : 

" I submit to Congress whether this measure is not, 
in its whole character, scope, and object, without ] re- 
cedent, and without authority — in palpable conflict 
with the plainest provisions of the Constitution, and 
utterly destructive of those great principles of liberty 
and humanity for which our am ■ s < 1 , on both sides 
of the Atlantic, have shed so much blood, and ex- 
pended so much treasure? - ' 

And most pertinently did he further add : 

" Those who advocated the right of secession al- 
leged in their own justification, that we had no regard 
tor law, and that their rights of property, life, and 
liberty would not be safe under the Constitution as 
administered by us. If we now verify their assertion, 
pve that they were, in truth and in fact, fighting 
lor their liberty; and instead of branding their leaders 
with the dishonoring name of traitors against a right- 
eous and legal government, we elevate them in his- 
tory in the rank of self-sacrificing patriots, consecrate 



them to the admiration of the world, ..and place them 
by the side of Washingtcn, Hampden and Sydney!" 

Most truthful utterances these ! And most remark- 
able, too, coming as they did from him, who had, 
himself, just before been so full of " breathing out 
ihreatenings and slaughter" against the " self-sacri- 
ficing patriots ! " Delivered as they were, and under 
the circumstances they were, they remind us forcibly 
of some which came from the same Saul of Tarsus 
after the scales had fallen from his eyes, and he had 
been brought to see his persecutions of the disciples 
of the true faith, in their proper light. Paul, after he 
was brought to a full realization of his great 1 
thus warring against them, most bitterly repented of 
all that he had thus done, and especially that he had 
consented to the death of the martyred Stephen, and 
had even held the clothes of those who slew him, 
even though he had believed at the time that he was 
doing right ! 

It is true, there is nothing in these expressions of 
Mr. Johnson, which directly shows that he had then 
as fully reached a perfect realization of error on his 
part, in any matter connected with the war, as Paul 
had in the matter of his persecutions, when the utter- 
ances referred to by him were given; and yet there 
is a good deal in the tone and manner in which Mr. 
[ohnson's expressions were given forth, which clearly 
indicates that he was very near the same point, whether 
he had then, or has since, or ever shall, actually reach 
it or not. The expressions as they stand in the con- 
text, were presented only as a strong argument to his 
late associates and allies, to induce them, if possible, 
to reconsider and abandon the monstrous provisions 
of their measure. Still, he must have felt, as his lan- 
guage unmistakably implies, that if they did not so 
reconsider and abandon, a very great wrong had been 
done to those who would srfier from them, by other 
measures to which he had unwittingly given his con- 
sent — never supposing that they would lead to such 
ruinous results and most disastrous consequences! 
This, his words clearly import. 

But this and other arguments, strong and pointed 
as they all were, and coming from the high 
they did, produced no effect whatever, but increased 
rage, upon those to whom they were so conscien- 
tiously, earnestly, and truthfully addressed. Deaf in 
their madness alike to principles, consistency, and all 
considerations of their own honor, as well as of hu- 
manity, they were resolved upon the cxecu' 
their purpose, though in it they destroyed every ves- 
tige of civil liberty, swept away every existing legal 
barrier for the protection of life and property in ten 
States, and put nine millions of people in time of pro- 
found peace under absolute military sway! And this, 
too, was done by them under the atrocious pretext ol 
providing for the establishment of peace and good 
order! They promptly passed this Reconstruction 
Act, so called, over the President's veto, by a two- 
thirds vote in both Houses of Congress ! 

There is no necessity for looking into, or examining 
the provisions of this act in detail. It is enough to 
know that under it, all the civil authorities of ten 
States are completely subverted, and their entire popu- 
lation subjected — temporarily, at least — to the des- 
potism of martial law! Not even a Federal judge is 
permitted to interfere, or redress any wrong, whether 
small or great, inflicted by either of the five Satraps, 
among whom the several military districts are divided. 
The ostensible object of this unparalleled measure, 
with those which have followed it (as amendments 






APPENDIX T.— RESULTS OF THE WAR. 



I02! 



or supplements), was to compel the Southern States to 
submit to degrading conditions before being allowed 
future representation in either branch of Congress. 

These conditions in short are : 

First. That the States embraced in the act shall, 
before being allowed such representation, agree to 
the disfranchisement and virtual attainder of all that 
class of their white citizens who had, before the war, 
received the public confidence so far as to be entrusted 
with any civil office, either executive, legislative or 
judicial, Federal or State, from the highest to the 
lowest ; and 

Second. To the enfranchisement in their stead, of 
the entire male black population who have attained 
the age of twenty-one years. 

To commend this monstrous outrage to the favor 
of their constituents, it was pretended to be justified 
by those who voted for it, as a proper measure of 
punishment for those who had engaged in the rebel- 
lion, so called, and as a necessary security in the fu- 
ture, for the loyal States, so called ! But while this 
is the ostensible object, the real one was doubtless of 
a very different character. Viewed in its proper 
light — looking at its real design — it must be consid- 
ered, with all its wrongs, as but another advanced 
step, stealthily taken, under false colors, towards that 
complete ultimate consolidation of power at which 
these leaders have been aiming all the time, but which 
they are not yet quite prepared openly to declare! 

But viewed in that, or any other light, these meas- 
ures of Congress again most incontestably prove, even 
in Mr. Johnson's judgment, on which side the right 
lay in that conflict of arms, which we have so fully 
reviewed. 

In this connection, a negative error of Mr. Johnson 
should receive, at least, a passing notice, and the more 
so from the fact that I believe his sole object now is, 
to restore the Union and maintain the P'ederal system 
established by the fathers. To this end his every en- 
ergy seems, at this time, to be most patriotically di- 
rected, and however much I may have disagreed with 
him in the past, he is, in my judgment, now, entitled 
to the confidence, support, and cordial co-operation, 
of every friend of constitutional liberty throughout 
the country. The error, however, to which 1 here 
allude was, that (with his views of the Constitution 
and the powers and duties of the President under it 
and the nature of the Union) he did not refuse to rec- 
ognize as the Congress of the United States, any 
bodies in which any one of the States of the Union 
was denied representation in the House and an equal 
voice in the Senate. Had he thus proclaimed and 
thus acted, when the policy of the Reconstruction 
Committee was at first openly declared, he might 
have sustained his own views and prevented the con- 
summation of that most iniquitous policy. There 
were then in Congress enough anti-centralists in the 
Senate and House from the Northern States, with the 
Senators and Representatives returned from the South, 
to constitute a majority of a 'egitimate Congress. By 
such union, a constitutional Congress could have been 
organized; and if Mr. Johnson had invited such union, 
and recognized such an organization as the only true 
Congress of the United States, as it would have been, 
these gross usurpations never would have been per- 
petrated. But no more of that on this occasion. 
What has been said very clearly exhibits the present 
situation, and leads us one step further in the review 
proposed. 

5. The next and last great fact to be borne in mind, 



in considering the results of the war, and to w 
has led thus lar in the view we are taking, is that ihe 
centralists have not as yet openly proclaimed their 
ultimate object, much less have they acted in any- 
thing dune by them up to this time, upon any chum 
of the actual consummation of that object, which we 
have seen, is consolidation and empire. They have 
not as yet openly denied the federative character of 
the government, however in direct war upon its prin- 
ciples their acts have been covertly aimed. This i-. 
an exceedingly important fact to be specially noted 
and kept in mind. These monstrous reconstruction 
measures, with all their enormities and fatal tenden- 
cies towards ultimate complete centralism and empire, 
are still based upon the assumption that the States, as 
separate integral parts, constitute members of what is 
still, in words, at least, acknowledged to be a Federal 
Union ! All these bold usurpations of power are, 
upon their face, nothing but resorts to induce, or to 
compel, under duress, the peoples of the several 
Southern States to go through the forms of adopting 
the Fourteenth Amendment, as an additional article 
to the Constitution. This policy is avowedly based 
upon the principle of voluntary consent on the part of 
these States. The programme of the reconstruc 
tionists thus far proceeds upon the assumption that 
the voluntary ratification of all amendments to the 
Constitution by at least three-fourths of the integral 
members of the Union is essential to their validity. 
It is true, they did not pretend to have any const, tu- 
tional power to pass these measures. On the con- 
trary, they openly and avowedly proclaim, that in 
adopting them they are acting " outside of the Con- 
stitution ! " This, too, they so proclaim to the world, 
immediately after taking solemn oaths to support 
that instrument ! But not to stop here to comment 
upon such gross inconsistency, as well as moral dere- 
liction, the point to be noted is, that nothing 
affecting the vital principles of the organic structure 
of our federative system of government has ytt been 
accomplished, or is even claimed to have been ac- 
complished. There is, therefore, still hope for the 
preservation of the essential features of the system, if 
there is remaining virtue, intelligence, and patriotism 
enough to save it, on the part of the peoples of ihe 
Northern States. No system of representative gov- 
ernment can be long maintained by any people who 
have not the intelligence to understand it, the patriot- 
ism to approve it, and the virtue to maintain inviolate 
both its form and principles as established. 

The future destiny, therefore, of the free institu- 
tions of this country, is now in the hands of the peo- 
ples of the Northern States. We, at the South, are 
utterly powerless to do anything in shaping 1 
trolling, at this time, the progress of coming political 
events. The only hope left to us is, that a reaction 
on all these questions, in the public mind, in the 
Northern States, will take place in time to save cur 
liberties as well as their own. This, you may be 
assured, can be done only by driving the Usurpers 
from their places, and bunging back the administra- 
tion of the Federal government to those princi| 
which it was so harmonii usly and prosperou 
ducted foi the first sixty years ol it- existence. Tins 
is to be done through the ballot-box alone. Should 
this take place, and the judicial department maintain 
its integrity, all may vet be well, even though this 
Fourteenth amendment should go through the mock- 
ery of a ratification under the present programme, 
for, no amendment of the Constitution proposed as 



1028 



APTEXDIX T.— RESULTS OF THE WAR. 



this has been, and adopted as it must be, if at all, 
can ever be held lo be valid by a firm and upright 
judiciary. 

So, you see, my opinion is, that the cause which 
was lost at Appomattox Court- House, was not the 
federative principle upon which American Iree insti- 
tutions were based, as some have very erroneously 
supposed. This is far from being one of the results 
of the war. The cause which was lost by the surren- 
der of the Confederates, was only the maintenance of 
this principle by arms. It was not the principle itself 
that they abandoned. They only abandoned their 
attempt to maintain it by physical force. This prin- 
ciple on which rest die hopes of the world for spread- 
ing and perpetuating free institutions by neighboring 
States, in my judgment, like the principles ot Chris- 
tianity, ever advances more certainly and safely with- 
out resort to aims, than with it. Its teachings are 
peace, harmony, and good-will to all, and is much 
more sure of attaining its end, when the actions of 
its. advocates are in conformity with its teachings. 
This principle, therefore, though abandoned in its 
maintenance on battle-fields, still continues to live in 
all its vigor, in the forums of reason, justice and truth, 
and will, 1 trust, there continue to live forever! Its 
continued exigence in our system, with vital power, 
is not yet denied, as we have seen, even by its bitter- 
est and most covert enemies, who have been so long 
making such extraordinary eflorts for its destruction 
and extinction ! Obeisance has been done to it by 
them, even in these despotic Reconstruction meas- 
ures. Those who are looking to and desiring ultimate 
centralism and empire, have, as yet, in iheir progress 
that way, thus far, reached only to the point of 
attempting to induce by duress, certain States, as 
States, and as sovereign States, to conform to their 
action under the semblance, at least, of voluntary 
consent ! This is the present position of affairs on 
that subject. 

Professor Norton — Being a conservative, as you 
know, I agree with you, Mr. Stephens, in the 
main, in all you have said on the present situation, 
gloomy as the prospect it presents certainly i~- ; and 
I .111 inclined to think, too, that our friend Judge 
Bynum, Radical as he is, is not very far from concur- 
ring with us, in these general views. This I infer 
from a remark he made to Major Heister and myself 
in the walk we took, after the conversation of this 
morning. 

Judge Bynum. — Represent me fairly. 
Professor Norton. — It is not my wish or intention 
to do otherwise. The remark I alluded to was, that 
you were inclined to think Congress had gone too far, 
and that was why you were so anxious to hear Mr. 
Stephens upon the results of the war. 

Judge Bynum. — Well, that is about correct. While 
I approved all that was done up to the passage of 
these Reconstruction measures, yet, in them, I have 
thought that they, perhaps, went too far; for, not- 
withstanding I am a Radical, I am by no means in 
favor of a centralization of all power in Congress, 
or the establishment of an empire, which, it seems 
to me, would amount to nearly the same thing. I 
abhor the very idea of a result of that kind. 

Professor Norton. — That is all I mean to state in 
reference to your positi in, and 1 believe we have all 
come to one point, on which we agree, however much 
we have or may differ upon others. lint what I was 
going on to say was, that while I agree in the main 
with all that Mr. Stephens has said about the results 



of the war, yet I was not expecting to hear him ex- 
press himself on the subject in the terms and lan- 
guage which he has. Of course I could not suppose 
that he approved them, but as Governor Brown of 
this State, with whom he had generally agreed and 
acted on all public questions during the war, had 
come out in lavor of Georgia's acceptance ol the 
terms proposed by Congress, I thought Mr. Stephens 
was, most probably, co-operating with him, especially 
as he has been so silent upon the subject — before the 
public at least. 

Mr. Stephens. — I have been thus silent, simply 
because I have seen no prospect of being able lo do 
any good by anything that I could say to the public, on 
any of these questions. I do not see that any South- 
ern man can say or do anything, which will have any 
effect in arresting the tendency of affairs. I have 
taken no part in the discussions in this State, because 
I saw that such course would but lead to divisions 
amongst our own people, and I did not think there 
was enough that could possibly be accomplished, even 
in securing a temporary relief, to cause old friends to 
^row angry with each other and quarrel about. If 
Governor Brown and others gee lit " to take to life- 
boats " in our stranded condition, 1 have no quarrel to 
make with him or them for pursuing that course; 
though I believe that he, and all who make similar 
ventures, will be swamped in the surfs at last. 1 see 
no hope in that course, or any other which we can 
lake. My only hope for relief is in a reaction of 
public sentiment at the North, as stated. If that 
conies in time, all may yet be well with us. It not, 
we must all go under anyhow; and I prefer, without 
ill-will towards any, to remain in perfect quiet on the 
old craft as long as she is afloat, and at last, if needs 
must he, go down with her. 

As to ihe feelings of the people of this State gen- 
erally upon these measures, I think Mr. Benjamin 
H. Hill, in one of his stirring " Notes," or, rather, 
Philippics " on the Situation," gave a very correct 
statement, in a very few words, when, in speaking 
of the position of our people in reference to them, 
he said in substance: "The complying accept, the 
resolute reject, none approve, while all despise ! " 

This, in my opinion, is as true of Governor Brown 
as of all the rest. While he accepts, 1 have no idea 
that he approves. Few men hold the principles 
of constitutional liberty in higher esteem than he 
does. 

In reference to my relations with Governor lkown, 
while it is true we did agree upon many leading pub- 
lic questions, before as well as during the war, yet it 
is aNo true, we differed very widely upon others; and 
upon no question have we ever differed more widely 
than upon this one. Personally, however, I have a 
very high regard for him, and esteem him as a man 
of very great ability, as well as integrity. He is in 
every respect, entitled to high rank among our public 
men and statesmen. 

Major Heister. — You do not agree, then, with 
those who think, as I see from your papers some do, 
that his course has been influenced by motives of 
ambition, excited by temptations offered to him on the 
'• High Mountain," lo which he was carried in Wash- 
ington ? 

Mr. Stephens. — No, not at all. I have no idea 
of tint sort. If, when in Washington, he was taken 
to any of the places mentioned in the good book, I 
think it was not to the " Mountain of Temptations," 
but rather to the verge of that other place known as 



APPENDIX T.— RESULTS OF THE WAR. 



IO29 



the bottomless pit, or so near to it as for him to get a 
view of its horrors below, where his fears instead of 
his hopes were operated upon. In other words, in 
my opinion, his course has been taken more from 
apprehensions awakened by threats of attainder, of 
confiscation, and the thousands of other ills that might 
bi expected to attend the rejection of the proposed 
measure, than from any promise of rewards or official 
position to him, in consideration of his giving them 
his suppoit. It was to avoid what he considered im- 
pending individual as well as public evils, and not to 
secure special personal benefits or honors to himself, 
that he acted as he did. He came honestly and sin- 
cerely, I have no question, to the conclusion that we 
might all go further and fare much worse ; and hence 
his recommendation to the people to accept the terms 
proposed by Congress, and to comply with the condi- 
tions offered, however unjustly and wrongfully ex- 
acted. With his views and feelings he acted under 
the conviction that we were a conquered people, and, 
as such, should accept these terms, as there was, in 
his opinion, no probability of any better ever being 
offered. 

Major Heister. — You do not think, then, that he 
was really untrue to the Southern cause during the 
war, and is now carrying out the previously cherished 
purposes of his heart ? I have seen this opinion of 
him expressed by some. 

Mr. Stephens. — Some people may think and write 
so, but my opinion is, that no truer man to our 
cause lived, while its standard was up, than Governor 
Brown. 

Major Heister. — Why, did not he and Holden, of 
North Carolina, in their quarrels with Mr. Davis, 
wish to withdraw from the Confederacy, and to make 
terms with Mr. Lincoln by separate State action? 

Mr. Stephens. — No, sir, never! As to what Gov- 
ernor Holden may have done, or been willing to do 
in North Carolina, I cannot, of course, speak. I do 
not even know that gentleman personally, and hence 
I can say nothing of him. But Governor Brown I 
do know ; and, further, I know that all such state- 
ments in regard to him are utterly untrue. It is true, 
he differed widely with President Davis upon many 
matters connected with the administration of affairs. 
This led to what has been called the " quarrel " be- 
tween them, but while the published official corre- 
spondence shows a very decided disagreement between 
them, yet it was only a disagreement on points of 
policy as to the best and surest way of securing ulti- 
mate success to our arms. Governor Brown was as 
true to the cause as any man in the country. He and 
Mr. Davis are both men of very strong convictions 
and great earnestness of purpose. Neither of them 
are very yielding in their opinions; and while, in my 
judgment, he sincerely believed that Mr. Davis' 
policy was not the best to secure success, and endeav- 
ored to get him to change it, stid, he never for a mo- 
ment cherished the dastardly idea attributed to him. 
This clearly appears from his reply to the overture of 
General Sherman to meet him in Atlanta, in Septem- 
ber, 1864, after the fall of that place. 

This overture on the part of General Sherman was 
doubtless with a view of such separate Stale action, 
and sprung perhaps from impressions on his mind 
produced by charges of this sort attain-.! Governor 
Brown in some of the Confederate newspapers, about 
that time. In that reply, while Governor Brown 
claimed, to the fullest extent, the absolute ultimate 
sovereignty of the State of Georgia, yet he most em- 



phatically declared that, being then in Confederation 
with her Southern sisters for the maintenance of the 
same sovereignty on the part of each severally, her 
public faith, thus pledged, should never be violated 
by him ; and that, " Come weal or come woe," the 
State of Georgia should never by his consent with- 
draw from that Confederation in dishonor. " She 
will never make separate terms with the enemy," 
said he, " which may free her territory from invasion, 
and leave her Confederates in the lurch." 

Further, upon the nature of the conflict and the 
principles involved, he said to General Sherman : 
The liberties of the people in this country " rest 
upon the sovereignty of the States as their chief 
corner-stone. Destroy the sovereignty of the States, 
and the whole fabric falls to the ground, and central- 
ized power with military despotism takes the place 
of constitutional liberty." Thus, said he, "to de- 
stroy our liberties must cost the Northern people 
their own, and the Republicanism of America must, 
in future, be regarded as a reproach and a by-word 
among all nations." 

This language sufficiently fixes the character of 
Governor Brown, and shows the principles by which 
he was governed throughout the war. If he had en- 
tertained such sentiments as were attributed to him; 
or if he had been a man likely to be influenced by 
temptations of ambition held out to him, that was 
certainly an occasion when the weakness and base- 
ness of such a nature would have manifested itself. 
In my judgment, he then entertained no such views 
or ideas as were imagined by some ; nor is he now 
influenced by any such as are similarly imputed. 
This at least is my opinion of him. When the prin- 
ciple involved in the conflict failed to be maintained 
by arms, he, as I understand him, then gave up, not 
only the cause, but the principle itself, as lost. His 
public acts, since, have been governed by this convic- 
tion. Our present differences arise from the differ- 
ent views we take of the results of the war. 

In my view, you perceive that while the mainten- 
ance of the principle, or the maintenance of the right 
of local self-government was lost on the battle-field ; 
yet on other grounds, and in other forums, it still 
lives in all its vigor. The issue decided by the 
sword, was the attempt on the part of the Confeder- 
ates to maintain this principle and right, by physical 
force, in withdrawing from the Union. To thi- ex- 
tent alone was the great cause affected by the arbi- 
trament of arms; and to this extent alone was it then 
settled, by their abandonment of its further mainten- 
ance in that way ; but the principle itself was not 
abandoned. It involves questions which cannot be 
settled by arms — no more than questions relating to 
the diurnal rotation of the earth, or its annual circuit 
round the sun. These are matters which belong ex- 
clusively to the domain of reason and logic. They 
belong to other arenas — to those of thought, of pub- 
lic discussions, council chambers, and courts of jus- 
tice. They can never be brought under the subjec- 
tion of physical power. Force may control human 
action, and effect settlements so far as that is con- 
cerned ; but it can never enslave the human in • 
or disarm truth of its inextinguis ibl ■ power in its 
appropriate sphere, upon the human understanding. 
In this way, by its peaceful, quiet and effective work- 
ings, all great advances and high achievements in 
civilization have heretofore been made; and all true 
progress in the science of government — slow as that 
has been — as well as in all other departments of 



1030 



APPENDIX T.- RESULTS OF THE WAR. 



human knowledge, have been accomplished ! Wars, 
upon the whole, have done much more in retarding 
than in advancing either the principles of liberty, the 
cause of civilization, or the general amelioration of 
mankind. 

In this connection it must be borne in mind, that 
notwithstanding all that was said about the treason 
of the Confederates, about "traitors," about the "in- 
surrection," and the "atrocious rebellion," so called, 
the authorities at Washington have not yet put that 
question in issue before the judicial tribunals. Im- 
mediately after the surrender, as we have seen, nil- 
merous arrests were made of high Confederate, as 
well as State officials; but as yet not a single one of 
these has been put upon trial. 

Prof. Norton. — Pray tell us, Mr. Stephens, how 
long it was before you were discharged, and how you 
were treated during your imprisonment? 

Mr. Stephens. — I was arrested on the I Ith of May, 
was taken to Fort Warren, Boston Harbor, as is 
known, and was discharged on parole the 13th of 
October thereafter. It affords me pleasure to state 
that during the whole of that period of five months 
and two days, I was treated with the utmost respect 
and kindness by all, both officers and men, who had 
charge of me ; or at least with the utmost respect and 
kindness consistent with their duties in obedience to 
orders from superiors. While in Fort Warren I was 
very much afflicted with neuralgia, and a complica- 
tion of diseases, greatly aggravated, if not produced, 
by my being first put upon soldiers' rations, and 
closely confined in one of the lower rooms connecting 
with a casemate, which was below the surface of the 
adjacent grounds, and which was consequently very 
humid and damp. Through the kind interposition 
of the officers, a change was soon allowed as to the 
matter of diet; and I was permitted by General Dix, 
who commanded the district, and whose head-quarters 
were at New York, to be supplied with such articles 
in this respect as I might desire from the sutler, at my 
own expense All went along very well in that par- 
ticular after this change. 

But the close confinement in the quarters which 
had been assigned me by special orders from supe- 
riors, operated very injuriously upon the general en- 
feebled condition of my health. Indeed I think if a 
change in this particular also had not been allowed, I 
should have died. This did not take place until late 
in August. It was at last effected through the kind 
interposition of Mr. Senator Henry Wilson of Massa- 
chusetts. He visited me, and seeing my situation, 
went to Washington and interceded in my behalf. 
The order for the change of quarters came under the 
hands of President Johnson himself. From this it 
seemed that the Secretary of War, Mr. Stanton, 
would not give his consent to it to the last. It had 
been in vain that Dr. Seaverns, the surgeon, had for 
some time recommended and urged the change. 

During all this time Dr. Seaverns had been ex- 
ceedingly kind and attentive in administering to my 
relief and comfort in every way in his power. So 
had been Major Appleton, the officer in command of 
the fort, and his most estimable wife. All that they 
could do to alleviate actual suffering and mitigate Un- 
necessary discomforts of the situation was done. 
Their charming little daughter (Mabel), not four 
years old), brought me flowers almost daily. She 
would get the guard to raise her up, and would put 
them herself, with her little tiny hand, between the 
bars of the iron grate of the window, where was 



placed a vase to receive them, when I was unable to 
take them myself! Lieutenant Win. II. Woodman, 
who had special charge of all prisoners, was also ex 
ceedingly kind and unremitting in his attention to my 
wants and comforts. So, too, was John Geary, the 
corporal, whose business it was to attend particularly 
to my room. 

After Major Appleton left the post, Major Charles 
F. Livermore, who succeeded him, was equally kind 
and attentive, as was also his most excellent and 
amiable wile. 

The many, many acts of kindness I received from 
all these parties, as well as from quite a number of 
the good people of Boston, during my affliction and 
imprisonment at Fort Warren, can never be forgotten 
by me, and can never be thought of without the most 
grateful emotions ! But, as I said, it was to Senator 
Wilson, I think, I was chiefly indebted for the change 
of quarters. 

Judge Bynum. — You discovered some good, then, 
even in as extreme a Radical as Henry Wilson ? 

Mr. Stephens. — Oh, yes; and I doubt not he pos- 
sesses many more good qualities besides kindness "I 
heart. Human nature is a strange compound at 
best! No person I have ever yet met with was >•> 
bad as not to have some good qualities; and 1 
I have ever seen was so good as not to have some bad 
ones. Perfection is not the lot of humanity. How- 
ever much I have differed with Mr. Wilson, and do 
now differ with him, upon many public questions — 
however great, in my opinion, are his errors, on 
many subjects ; yet I believe he possesses many ex- 
cellencies of both head and heart. He was cer- 
tainly very kind to me in a time of great need, for 
which I felt, at the time, and now and ever shall feel, 
most profoundly thankful ! Indeed I did not then, 
or now, cherish any resentment even towards Mr. 
Stanton, whose course and conduct toward me seemed 
to be so strange as well as cruel, and which I be- 
lieved if not changed would soon end in my death. 
The prevailing sentiment with me towards him, and 
ail who were co-operating with him, then was, 
" Father, forgive them; for they know not what they 
do !" I thought it not improbable that he and they 
were acting conscientiously; while I thought it not 
less probable that he and others thus acting would 
live to repent most bitterly what they were then 
doing. 

This, Professor Norton, is all I can now say upon 
the subject of my arrest and imprisonment. To 
return, therefore, from this digression to the point I 
was upon. As I was discharged, so were all the 
other Confederate and State officials who had been 
arrested and discharged, after an imprisonment more 
or less prolonged without any criminal accusation 
being even lodged against them for their participation 
in the war, except Mr. Davis. 

As to Mr. Davis, it is true, after the infamous 
charge upon which he was arrested — that is, of com- 
plicity in the assassination of Mr. Lincoln — was 
proven to have had no foundation whatever, except 
the perjury of suborned witnesses, a formal bill of 
indictment for treason, in the matter of secession and 
the war, was brought in against him. This has not 
yet been tried, though he has continuously de- 
manded a trial, and urged it in the most earnest 
manner. His late enlargement on bail, without a 
trial* (through the unexampled generosity and mag- 



* The following news items of the day possess historic intei- 



APPENDIX T.— RESULTS OF THE WAR. 



103I 



nanimityof Mr. Horace Greeley, Gerrit Smith, Au- 
gustus Schell, H. F. Clark, Aristides Welsch, of 
New York, David J. Jackman, of Pennsylvania, and 
others, in becoming sureties for his appearance to 
answer the charge when the government shall be 
ready to proceed with it), may be considered as 
settling the question, that the officials at Washington 
do not intend to allow that point on the principle in- 
volved in the issue, decided by the arbitrament of 
arms, to come before the judicial forum for decision 
and adjudication there. An arbitrament on the 
arena of reason, logic, truth, and justice, they have, 
thus far, eschewed and avoided ; so that the great 
fact is to be borne in mind, that up to this lime, 
nothing really affecting this " corner-stone" of our 
Federal institutions, as Governor Brown styled the 
principle in his reply to General Sherman, has, as 
yet, been definitely settled, except the abandonment 
of an attempt to maintain it by a resort to arms. 

This, then, is one of the main differences between 
Governor Brown and myself. To his idea that we 
are a conquered people, and as such should make the 
best terms we can, my reply is, that this was not the 
understanding at the time of the surrender. The 
States, as Stales, were distinctly recognized in that 
surrender, as we have seen ; nor have, even, the Re- 
constructionists at Washington, as yet, acted upon the 
avowed assumption that we are thus conquered. 
These monstrous measures so proposed by Congress, 
are acknowledged to be without authority by those who 
have passed them, and can, therefore, be considered 
as nothing but gross usurpations. The courts have yet 
to pass upon them. These measures, in my judgment, 
can never receive the sanction of that department of 
the government — not even in the view that we are a 
conquered people. Conquerors must govern their 
subjects according to the provisions of their own 
fundamental law. This is well established by the 
laws of nations. The fundamental law of Congress, by 
which the courts must be governed, is the Constitu- 
tion of the United States. This gives Congress no 
power, in time of peace, to suspend the writ of 
"Habeas Corpus" nor to declare martial law, to say 
nothing of the other enormities of these measures 
over any class of people, whether citizens, aliens, 
denizens or subjects. We are bound to believe, 
therefore, that the Supreme Court of the United States 
will hold these measures when they come before that 



"Fortress Monroe, May n, 1867. — A large crowd was at 
the steamboat landing at an early hour. Mr Davis left Fort 
ress Monroe after two years imprisonment. The leave-taking 
was touchingly impressive. Mr. Davis walked alongside of 
General Burton [the Federal officer who had htm in charge], 
and Dr. Ceoper oYi the other. Kob.-rt Ould and the brother of 
Mr. Davis from Vicksburg accompanied Mrs. Davis and her 
sister, followed by several friends. The countenance of Mr. 
D ivis was cheerful. He received many friends with great cor- 
diality on the boat; was dressed in a plain black suit, felt hat, 
with cane. His face was pale. He is very thin and feeble, and 
hair quite gray." 

After the execution of the bail-bond, a Richmond paper of 
the next day contained, amongst many other exceedingly inter- 
e icing incidents attending the whole scene, the following : 

" The release of Mr. Davis was now ordered : General Bur- 
10 \ and Dr. Cooper went forward and tendered him their warm 
congratulations. The example of these officers was followed 
by a host of personal friends, and a scene of unbounded enthu- 
siasm and excitement prevailed. 

" A shout which could not be repressed, and which shook the 
granite walls to their foundations, went up from the excited 
throng, and amidst the exultant chorus Mr. Davis descended 
the stairs shaking hands right and left as he passed, and, enter- 
ing the carriage which was brought him to the court room, re- 
turned to the hotel, where he spent some time in receiving the 
Congratulations of the hosts of friends who availed themselves 
of the opportunity to express their joy and gratitude at his re- 
lease." 



body, to be gross and palpable usurpations of power, 
and utterly null and void. 

But if this court should not so hold ; if this tribunal 
should decide not only that we are a conquered 
people, but further, that Congress, representing the 
conquerors, can properly govern us as they see fit. 
outside of the limitations of the Constitution of the 
United States, and can properly deny us, if they 
choose, the great American right of self government 
for the future, then, even in that view, my reply is, 
let our conquerors govern us as they see fit ! 

We, it is true, cannot resist, or offer any violent 
opposition. We can only bear with patience ajid 
fortitude, as best we may, what is imposed upon us; 
but in the name of all that is sacred, do not let us 
attempt to govern ourselves — not as we see fit, but as 
our conquerors see fit. That would be but their gov- 
ernment at last, without any of its responsibility. 
By every consideration, then, we should not, by giv- 
ing these measures a formal approval, put ourselves 
in the position of being told, when the disastrous 
consequences follow, which will inevitably ensue, 
that it was we, ourselves, and not they, who brought 
such ruin upon the country. 

By our thus acting, perhaps after awhile, sooner or 
later, when the people of the Northern States become 
thoroughly impressed, as Judge Bynum, radical as he 
is, seems now inclined to be, with the dangerous ten- 
dencies of this whole reconstructive policy to their 
own institutions, a similar cry to that which went up 
from Virginia in colonial days in regard to the Boston 
Port Bill, will again he raised and heard from one ex- 
tent of the land to the other. The cry then was, " The 
cause of Boston is the cause of us all ! " These, we 
have seen, were the stirring notes which led to the 
establishment of our entire system of constitutional 
liberty. The only hope, in my view, now left for its 
preservation and maintenance on this continent, is, 
that another like cry shall hereafter be raised, and go 
forth from hill-top to valley, from the coast to the 
lakes, from the Atlantic to the Pacific, "The cause 
of the South is the cause of us all ! " 

If this comes in time, all may yet be well. In that 
event, notwithstanding all that has occurred, I see no 
reason why the States, once more restored, as they 
will then be, should not enter upon a new career of 
greatness, exciting increased marvel, if not admira- 
tion, in the old world, by higher achievements in 
progress hereafter to be made than any heretofore 
attained, through the harmonious workings of the 
true American principle of the sovereign right of 
local self-government on the part of each member of 
our matchless Federal system, when rightly adminis- 
tered. On these principles the Union, in my judg- 
ment, can be maintained and perpetuated — not by 
physical power, but by the much stronger attractive 
principle of "mutual convenience and reciprocal 
advantage;" and this, too, without any apprehen- 
sions of centrifugal tendencies in any of its parts, 
either from the extent of its boundaries, or the num- 
ber or diversified interests of its members. 

But if such reaction should not take place in the 
public sentiment of the Northern people, then our 
present condition will soon be theirs. No fact in 
the future may be relied upon with more certainty, 
than that their liberties cannot long survive the loss 
of ours. 

So much, gentlemen, for the present condition of 
affairs, and the actual practical results thus far, of this 
gigantic conflict of arms, upon our institutions, State 



1032 



APPENDIX T.— RESULTS OF THE WAR. 



and Federal, as well as the general prospect before 
us. 

In the review we have taken, the origin of all these 
late troubles as well as present ills, and the still 
greater ones now threatening, have been traced to 
their proper source — to their primal cause. That, 
we have seen, was a violation of one of the essential 
principles of the organic structure of our new and 
wonderful system of a Federative Union of Sovereign 
States. From this violation of principle all these 
direful consequences have come, as effects follow 
causes. 

Here our review properly closes. 

It was undertaken, you recollect, not so much with 
the intention of vindicating the rightfulness of my 
own course in going with my State in the matter 
of secession, as in vindication of the rightfulness 
of the great cause of those with whom my fortunes 
in the terrible and most lamentable contest were 
cast. 

Now that we have gone through with the whole, as 
stated before, I will not ask your judgment upon the 
matter. That, I am content, notwithstanding all that 
is now said about "traitors" and "rebels," to leave 
to the arbitrament of the intelligent, unbiased, and 
impartial of all times and countries. This judgment, 
I feel assured, will be just as Mr. Johnson so clearly 
foresaw it would be. By it the Confederates, so far 
from being branded with the epithets of "rebels" 
and " traitors," will be honored as "self-sacrificing 
patriots," fighting for their liberties throughout, and 
their heroes and martyrs in history will take places 
"by the side of Washington, Hampden, and Syd- 
ney !" 

It affords me pleasure, however, to say, in winding 
up, that while in our long and social interchange of 
views, and discussions of the various questions 
brought up in review, in which we have occasionally 
so widely differed upon some points, yet upon one we 
are at last all so fully agreed, and that is, in our ab- 
horrence of the very idea of anything like imperialism 
in this country. Perfect agreement on this point is 
the more agreeable to me, because this presents the 
only real living issue of paramount importance before 
the peoples of the several States. The great vital 
question now is: Shall the Federal Government be 
arrested in its progress, and be brought back to origi- 
nal principles, or shall it be permitted to go on in its 
present tendencies and rapid strides, until it reaches 
complete consolidation? 

Depend upon it, there is no difference between 
consolidation and empire; no difference between 
centralism and imperialism. The consummation of 
either must necessarily end in the overthrow of lib- 
erty and the establishment of despotism. To speak 
of any rights as belonging to the States, without the 
innate and unalienated sovereign power to maintain 
them, is but to deal in the shadow of language with- 
out the substance. Nominal rights without securities 
are but mockeries. 

Nothing can be truer than that the States under our 
system possess no rights but sovereign rights. All 
their reserved rights are necessarily sovereign rights. 
They hold nothing by grant or favor from the Fed- 
eral Government. On the contrary, the Feder 
ernment itself possesses no right, and is intrusted 
with the exercise of no power, except by delegation 
from the sovereignty of the several States. Sov- 
ereignty itself, as we have seen, is, from ks very 
nature, indivisible. There never was a greater truth 
more pointedly uttered than that by Mr. Jefferson, that 



the States of this Union " are not united upon the prin- 
ciple of unlimited submission to their general govern- 
ment." The administration of our Government, 
therefore, must be brought back and made to conform 
in its action to these principles thus announced by 
the great author of the system, and under which all 
the great achievements of the past were made. If 
this is not done, it is utterly vain to look for, or ex- 
pect anything but ultimate centralism and despotism. 

These are words of truth, expressed in an earnest- 
ness which I trust you will excuse; but they aie 
words which, however received or heeded by the 
people of this day, will be rendered eternally true by 
the developments of the future. 

But without further speculation upon this subject or 
any other, let me, in conclusion, barely add : If the 
worst is to befall us; if our most serious apprehen- 
sions and gloomiest forebodings as to the future, in 
this respeGt, are to be realized; if centralism is 
ultimately to prevail ; if our entire system of free in- 
stitutions as established by our common ancestors is 
to be subverted, and an empire is to be established in 
their stead; if that is to be the last scene in the great 
tragic drama now being enacted; then, be assured, 
that we of the South will be acquitted, not only in 
our own consciences, but by the judgment of man- 
kind, of all responsibility for so terrible a catastrophe, 
and from all the guilt of so great a crime against 
humanity ! Amidst our own ruins, bereft of fortunes 
and estates, as well as liberty, with nothing remaining 
to us but a good name, and a public character, un- 
sullied and untarnished, we will, in the common mis- 
fortunes, still cling in our affections to " the Land of 
Memories," and find expression for our sentiments 
when surveying the past, as well as of our distant 
hopes when looking to the future, in the grand words 
of Father Ry^n, one of our most eminent divines, 
and one of America's best poets : 

"A land without ruins is a land without memories 
— a land without memories is a land without liberty! 
A land that wears a laurel crown may be fair to see, 
but twine a few sad cypress leaves around the brow 
of any land, and be that land beautiless and bleak, it 
becomes lovely in its consecrated coronet of sorrow, 
and it wins the sympathy of the heart and history! 
Crowns of roses fade — crowns of thorns endure ! 
Calvaries and crucifixes take deepest hold of human- 
ity — the triumphs of Might are transient, they pass 
away and are forgotten — the sufferings of Right are 
graven deepest on the chronicles oj nations /" 

" Yes! giwe me a land where the ruins are spread, 
And the living tread light on the hearts of the dead ; 
Yes, give me a land that is blest by the dust, 
And bright with the deeds of the down-trodden just ! 
Yes, give me the land that hath legend and lays 
Enshrining the memories of long-vanished days; 
Yes, give me a land that hath story and song, 
To tell of the strife of the Right with the Wrong; 
Yes, give me the land with a grave in each spot, 
And names in the graves that shall not be forgot ! 
Yes, give me the land of the wreck and the tomb, 
There's a grandeur in graves — there's a glory in 

gloom ! 
For out of the gloom future brightness is born, 
As after the night looms the sunrise of morn ; 
And the graves of the dead, with the grass over- 
grown, 
May yet form the footstool of Liberty's throne, 
And each single wreck in the war-path of Might, 
Shall yet be a rock in the Temple of Right ! " 



INDEX. 



A. 

ABERCROMBIE, GENERAL, 177. 

ABOMINATIONS, 

Bill of, so called, 445. 

ABORIGINES, 23. 

ADAMS, CHARLES FRANCIS, 495. 

ADAMS, JAMES H., 605. 

ADAMS, JOHN, 225, 229, 268. 

First minister to England, 269; elected Vice- 
President, 303, 374 ; elected President, 377 ; 
cabinet and administration of, 379 ; death of, 
444. 

ADAMS, JOHN QUINCY, 

Minister to Russia, 412 ; Secretary of State, 
423 ; elected President, 441 ; cabinet and ad- 
ministration of, 443 ; member of house, 449 ; 
course in the house, 463; remarks in house 
relative to abolition of slavery in the District 
of Columbia, 475 ; death of, 494. 

ADAMS, SAMUEL, 329. 

What he said of new Constitution, 301. 

ADET, M., 

Evil influence of, in United States, 376. 

ADMINISTRATION, 

Washington's, 3U2 ; John Adams', 379 ; Jeffer- 
son's, 388; Madison's, 399; Monroe's, 122; 
John Quincy Adams', 442 ; Jackson's, 446 ; 
Van Buren's, 458 ; Harrison's, 469 ; Tvler's, 
471; Polk's, 485; Taylor's, 496; Fillmore's, 
526 ; Pierce's, 541 ; Buchanan's, 547 ; Lincoln's, 
606; Johnson's, 838; Grant's, 84S ; Hayes', 
877; Garfield's, 892; Arthur's, 911. 

ADOLPHUS, GUSTAVUS, 

Plans an American colony, 72. 

AKERMAN, AMOS T., 854. 
ALABAMA, 

Admitted as a State, 425 ; secession of, 685. 
ALABAMA CLAIMS, 

Settlement of, 854. 
ALASKA, 

Purchase of, by U. B., 847. 
ALGIERS, 

War with, 421. 

ALIEN AND SEDITION ACTS, 379. 

Prosecution under, 380 ; Jefferson's opinion of, 

392. 
ALLEN, ETHAN, 209. 371. 
ALMONTE, GENERAL 

Mexican minister, 487. 



AMENDMENTS OF THE CONSTITUTION, 
First ten ratified, 364; eleventh do., 37 1 ; 
twelfth do., 394 ; thirteenth do., 840 ; fourteenth 
do., 841 ; fifteenth do., 847. 

AMERICA, 

Discovery of, 18; North, 21 ; South, 25; Cen- 
tral, 27. 

AMERICUS VESPUCIUS, 

For whom the continent was named, 2-5. 
AMES, FISHER, 

Speech on new constitution, 331. 
AMHERST, GENERAL, 

Commander-in-chief in America, 186. 
ANDERSON, ROBERT, 

At Fort Sumter, 609. 
ANDRE, MAJOR. 

British spy, 260. 
ANDROS, SIR EDMOND, 

Tyrant governor of New Jersey and Now York, 

65, 110 ; outrages bv, in New England colonies, 

134. 

APPORTIONMENT, 

First, 369. 
ARCHDALE, JOHN, 

Governor of North Carolina, 122. 
ARGALL, CAPTAIN, 40. 
ARIZONA, 

Purchase of, by United States, 512. 
ARKANSAS, 

Admitted as a Stnte, 457 ; secession of, 614. 
ARLINGTON, EARL OF, 93. 
ARMSTRONG, JOHN, 407. 
ARNOLD, BENEDICT, 209. 

Treason of, 259 ; invades Virginia, 262. 
ARTHUR, CHESTER A., 

Elected Vice-President, 891 ; becomes Presi- 
dent by deatli of Garfield, 907; cabinet and 

administration of, 911. 
ATHERTON, CHARLES G., 

Resolutions by, and rotes thereon, on subject 

of negro slavery in the States, lt ;, i. 
ATLANTA, CITY OP, 

Captured, 821 ; exposition at, 912. 
A1RORABOREALIS, 

First observed in this countrv, 137. 
AUSTIN, STEPHEN F., 

Founder of Mexican colony of Texas, 480. 

A.VALON, ' 

( :itholic settlement, 59. 

AZTECS, 23. 



IQ34 



IXDEX. 



B. 

BAOON, NATHANIEL, 

Proclaimed rebel and traitor in Virginia, 94. 
BAINBRIDGE, COMMODORE, 412. 
BALDWIN, ABRAHAM AND WALTER, 

In Federal convention, 292. 
BALTIMORE, CITY OF, 

Bloody riot in, 014. 

BALTIMORE, LORD, 

Founder of colony of Maryland, 58. 

BANCROFT, GEORGE, 486. 

HANK OF THE UNITED STATES, 

First, 369; second chartered, 421; recharter 
vetoed, 449 ; public deposits removed from, 
454. 

BANKS, GENERAL, 791. 

HARBOUR, PHILIP P., 429. 

BARCLAY, ROBERT, 

First governor of East Jersey, 66. 

BARNWELL, JOHN, 
Colonel, 107, 123, 125. 

BARNWELL, ROBERT J., 605. 

BARRE, COLONEL, 

Speech in defence of colonies, 193. 

BARRY, WM. T., 447, 456. 

BARTON. MAJOR, 236. 

BATES, EDWARD, 607. 

BATTLES ON LAND DURING THE COLO- 
NIAL CONDITION : 

With Indians, 41, 52, 55, 72; Fort Casimir, 
73 ; Mystic river, 88 ; Roanoke, 97 ; Tuscarora, 
195, 123 ; Schenectady, 112, 130; Quebec, 113; 
Montreal, 114; Yemassees in S. C, 123; 
Pocotaligo, 124; Port Royal, S. C, 124; with 
King Philip, 128; Salmon Falls, 130; Port 
Royal, N. S., 130 ; Haverhill, 136 ; Louisbourg, 
first, 1 19, second, 182 ; Fort Simon, 1C0 ; Fort 
Necessity, 175; Bay of Fundy, 17G; Brad- 
dock's with the Indians, 170; Fort Edward, 
177; Fort Ontario, 178; Allegheny river, 178; 
Fort Wm, Henry, 178; Ticonderoga, 182, 183, 
209; Port Frontenac, 184; Plains of Abra- 
ham, 188; Etchoe, 190; Fort Loudon, 191; 
Alamance, 200; Concord, 208; Lexington, 
208; Crown Point, 209; Bunker Hill, 213 j 
Fort Moultrie, 217. 

BATTLES ON LAND AFTER INDEPEND- 
ENCE OF THE STATES DECLARED, 
Fort Washington, 232; Trenton, 232; Prince- 
ton, 234; Bennington, 238; Saratoga, 239; 
Brandvwine, 241; Germantown, 241; Red 
Bank, 242; Monmouth, 245; Kettle Creek, 
248; Savannah, 250; Camden, 255; King's 
Mountain, 250; Long Cave, 257 ; Cowpcns, 202; 
Guilford Court-House, 264; Eutaw Springs, 
265 ; Yorktown, 267. 
BATTLES ON LAND BY THE STATES IN 
BRITISH AND INDIAN WAR OF 1812, 
Indian in northwest, 370, 375 ; Maumee, .">7~> ; 
Tippecanoe, 403; Queenstown, 409; French- 
town, 413; York, 41:1; Fort Meigs, 413; Fort 
Sanduaky, 413; Saekettrf Harbor, 418; Fort 
George, 413; Thames, 418; Callahee, 414; Au- 
tossee, 414; Tallushatchee, 414; Talladega, 



414; Emuekfau, 414; Horse Shoe Bend, 414; 
La Cole Mill, 410; Chippewa, 417; Bridge- 
water, 417 ; Lundv's Lane, 417 ; Fort Erie, 417 ; 
Plattsburg, 417 ; Bladensburg, 417 ; North 
Point, 418 ; New Orleans, 420. 

BATTLES IN REPUBLIC OF TEN AS. 

( fonzalea, 482 ; Goliad, Bexar, and Alamo, 483; 
San Jacinto, 484. 

BATTLES ON LAND BY THE UNITED 
STATES IN MEXICAN WAR. 
Matamoras, 487; Palo Alto, 488; Reaaca-de- 
Ia-Palma, 488; Monterey, 488; Buena Vista, 
490; Cerro Gordo, 490; Contrcras, 490; Churu- 
busco, 490 ; Molino del Rev, 490 ; Chapultepec, 
490. 

BATTLES ON LAND IN WAR BETWEEN 
THE STATES, 

Grafton, Phillippi, Big Bethel, Rich Mountain, 
Laurel Hill, Carrick's Ford, Scary Creek, First 
Manasses, 019; Lecsburg, Cheat Mountain, 
Booneville, Carthage, <>ak Hill, Lexington, 
Belmont, 020; Mill Spring, 633; Fort Henry, 
635; Fort Donelson, 03G ; Corinth or Shilon, 
640; Williamsburg, Seven Pines, 0. 9; Kernes- 
town, McDowell, Winchester. Cross Ki ys, Port 
Republic, Beaver Dam Creek, Savage Station, 
Mechanicsville, 665 ; Gaines' Mills, 000; White 
Oak Swamp, 671 ; Frazier's Farm, 672; Malvern 
Hill, 074; Cedar Run, second Manasses, 681; 
Richmond (Ky.), Perrvville, Murfreesboro, 
Bocnesboro, or South Mountain, Crampton'fl 
Gap, Harper's Ferry, Sharpesburg, or Antietam, 
082; Fredericksburg, 684; Chancellorsville, 
C92; Marye's Hill, 717; Port Gibson. Ra\- 
mond, Jackson, Edward's Depot, Big Black, 
737; Gettysburg, 738; Chickamauga, Mis- 
sionary Ridge, 782; Cleburne, 789; < >lustee, 
Okoloiia, Mansfield, Pleasant Hill, 791 ; Wilder- 
ness, Spottsylvania Court-House, North Anna, 
Cold Harbor, Bermuda Hundred, 793; New 
Market, Lynchburg, 797; Monocaey, Win- 
chester, Cedar Creek, 797 ; Rcsaca, New Hope, 
Kenasaw Mountain, 820 ; Atlanta, 821 ; Frank- 
lin, Nashville, 822; Avcrasboro, Rcntonville, 
Five Oaks, Petersburg, Appomattox Court- 
House, 829. 

BATTLES ON WATER, OR SEA-FIGHTS BY 

UNITED STATES NAVY, 
Raul Jones, 251. 

Jn war against Tripoli: Commodores Preble and 
Barron, 394. 

In British war o/1812: President and Little Belt 
(Com. Rogers), 402; Constitution (Capt. Hull) 
and Guerriere, 410; Essex (Capt. Porter) and 
Alert, 410; Wasp (Capt. Jones) and Frolic, 
411; United States (Capt Decatur) and Mace- 
donian, 411; Constitution (Com. Bainbridge) 
and Java, 411; Hornet (Capt Lawrence) and 
Peacock, 414; Chesapeake (Capt. Lawrence) 
and Shannon, 414; Argus (Capt. Allen) and 
Pelican, 410 ; Enterprise and Boxer, 410 ; ( • m- 
modore Perry's lleet on Lake Erie, 41 o ; Com- 
modore McDonough's flotilla at Plattsburg, 417. 

In war (ii/niiist AUjiert: Decatur's fleet and opera- 
tions in the Mediterranean, 421. 

BATTLES ON WATER, OR NAVAL OPERA- 
TIONS IX WAR BETWEEN THE STATES 
628, 635, 636, 639, 688, 089, 823. 



IXDEX. 



I035 



BAYARD, JAMES A., 412. 

BEAUREGARD, GUSTAVE T., 

General at Fort Sumter, 609; at first Manasses, 
619 ; at Shiloh, 648 ; at Petersburg, 797, 

BEDFORD, DUNNING, 

In Federal Convention, 296. 

BELL, JOHN, 

Defeated for Presidency, 558. 

BELLAMONT, LORD, 

Governor of New York, 114. 
BENJAMIN, JUDAH P., 601. 
BENTON, THOMAS II., 

Defender of Jackson's and Van Buren's admin- 
istrations, 454, 463. 
BERKELEY, SIR WILLIAM, 

Governor of Virginia, 65, 93, 100. 
BERLIN DECREE, 396, 401. 
BERRIAN, JOHN M., 447. 
BERRY, GEORGE HIRAM, 

General, 728. 
BIBLE, 

First American edition, 89. 
BIRNEY, JAMES G., 476. 
BLACK, JEREMIAH S., 548. 
BLAINE, JAMES G., 895, 911. 
BLAIR, FRANCIS P., 827. 
BLAIR, JOHN, 367. 
BLAIR, MONTGOMERY, 607. 
BLAKE, JOSEPH, 

Governor of South Carolina, 122. 

BLOCK, ADRIAN, 39. 
BOONE, DANIEL, 

Colonizes Kentucky, 372. 
BOOTH, JOHN WILKES, 

Assassination of Lincoln by, 835. 

BORIE, ADOLPH E., 848. 
BOSTON, CITY OF, 

Settlement of, 53 ; Massacre in, 199 ; Port Bill 

of, 201 ; Great Fire in, 858. 
BOUTWELL, GEORGE S., 848. 
BOYD, LYNN, 526, 541. 
BRADDOCK, GENERAL, 

Campaign of, against the French, 175. 
BRADFORD, WILLIAM, 

Governor of Plymouth, 51. 

BRAGG, BRAXTON, 

General in command of Army of Tennessee, 
659; at Chickamauga and Missionary Ridge, 
780 ; resigns command, 789. 

BRANCH, JOHN, 447. 

BRECKINRIDGE, JOHN C, 

Attornev-General, 391 ; elected Vice-President, 
546; defeated for Presidency, 558; victory at 
New Market, 797. 

BREWSTER, BENJAMIN H.,911. 

BROWN, AARON V., 548. 

BROWN, B. GRATZ, 857. 

BROWN, JOHN, 

Raid upon Harper's Ferry, 555. 

BROWN, MILTON, 

Resolutions by, for admission of Texas, 477. 



BROWN, THOMAS, 

Colonel, 253. 
BROWN, WILLIAM J., 502. 
BUCHANAN, JAMES, 

Secretary of State, 486; elected President, 549; 

Cabinet and Administration of, 547 ; death of, 

847. 
BUELL, GENERAL, 634. 

At Shiloh, 647. 
BULLOCK, ARCHIBALD, 

Governor of Georgia, 212. 
BUNKER HILL, 

Battle of, 213. 
BURGESSES, HOUSE OF, 

In Virginia, 54. 
BURGOYNE, JOHN, 

British General, 213, 236. 
BURKE, EDMUND, 193. 
BURNET, WILLIAM, 

Governor of New York and Massachusetts, 1 1 5. 
BURNETT, DAVID, 

First President of Texas, 483. 
BURNSIDE, AMBROSE E., 

Supersedes McClellan, and defeated at Fred- 
ericksburg, 684 ; superseded by Hooker, 690. 

BURR, AARON, 377, 384. 

Elected Vice-President, 386 ; tried for treason, 

396. 
BURRINGTON, GEORGE, 

Governor of North Carolina, 110. 
BUTLER, BENJAMIN F., 459. 
BUTLER, PIERCE, 

In Federal Convention, 293. 
BUTLER, WILLIAM O., 495. 

C. 

CABINETS, 

Washington's, 366; John Adams', 379; Jeffi r- 
son's, 891; Madison's, 399; Monroe's, 423; 
John Quincy Adams', 443; Jackson's, 447 ; Van 
Buren's, 459 ; Harrison's, 470; Tyler's, 472 ; 
Polk's, 486; Taylor's, 499; Fillmore's, 528; 
Pierce's, 541 ; Buchanan's, 517 ; Lincoln'.-, 607 ; 
Johnson's, 839; Grant's, 848; Hayes', 878; 
Garfield's, 896; Arthur's, 911. 

CABOT, JOHN AND SEBASTIAN, 
Explorations of, 27. 

('AI.IK)UN, JOHN ('.. 402, 404. 

Secretary of War, 423; elected Vice-President, 
415; rapture with Jackson, 448: elected to 
Senate, 449; accepts Clay's Tariff Compromise, 
453; debate with Webster, 153; opposition to 
Jackson, 454; sustains Van Buren's adminis- 
tration, 463; resolutions on the nature of the 
GOven nt, 163; vote upon them, 464 ; Secre- 
tary of State, 475; reeoWians of, mi slarerv 
restrictions in the Territories, 494; last speech 
in Senate, 516; death of, 519. 

CALIFOBNIA, 

Contest over admission of, as a Stare, 618, 526; 

admitted as a Stat.', 581 ; protest agaiaat ad- 

mission of, and votes thereon, 532. 
CALVERT, CE< ll.irs. 

Second Lord Baltimore, 61. 



INDEX. 



IO36 

CALVERT, CHARLES, 

Governor of Maryland, 64. 

CALVERT, SIR GEORGE, 

First Lord Baltimore, sketch of, 58. 

CALVERT, LEONARD, 02. 

CALVERT, PHILIP, 

Governor of Maryland, 64. 

CAMPBELL, DUNCAN G., 443. 

CAMPBELL, JAMES, 541. 

CAMPBELL, JOHN A., 

Justice of Supreme Court, 607 ; resigns, 609 

CAMDEN, LORD, 

On Taxation and Representation, 193. 

CAMERON, SIMON, 607. 

CANADA, 

Invasion of, 115, 217, 413, 416. 

CAREY, THOMAS, 

Governor of North Carolina, 104. 

CARROLL, DANIEL, 

In Federal Convention, 292. 
CARTERET, SI R G EOR< i E, 

Proprietor of New Jersey, 65, 102. 

CARTERET, PHILIP, 

First Governor of New Jersey, 65. 

CARVER, JOHN, 

First Governor of Plymouth, 49. 

CASS LEWIS, 

Secretary of War, 449; defeated for Presi- 
dency, 495. 

CASSACUS, 

Indian Chief, 86. 

CENTENNIAL OF AMERICAN INDEPEND- 
ENCE, 

Account of, 866 et seqnens. 

CHANDLER, WILLIAM K, 911. 

CHARLES L, 

King of England, 52, 56, 57 ; relations of, with 
American Colonies. See Massachusetts and 
Virginia. 

CHARLES II., 

King of England, 58, 64, 90, 126, 137; rela- 
tions of, with American Colonies. See J/cussa- 
chusetts and Virginia. 

CHARLESTON, SOUTH CAROLINA, 
City of, 119,253. 

CHARTER OAK, 
St^ry of, 135. 

CHASE, SALMON P., 

In Peace Congress, 590 ; Secretarv of Treasury, 
607; fifth Chief-Justice, 838; death of, 862. " 

CHASE, SAMUEL, 394. 

CIIEEVES, LANGDON, 402. 

CHICAGO, CITY OF, 
Great Fire in, 856. 

CHOLERA, ASIATIC, 

First appearance in United States, 450. 

CLAIBORNE, WILLIAM C, 104. 

CLARK, GEORGE, 

Governor of New York, 116. 

CLARKE, ELIJAH, 

Colonel, 248, 253, 257. 



CLAY, HENRY, 402. 

At Ghent, 416; on Missouri Compromise, 436; 
defeated for Presidency, 441, 450, 47t>; Secre- 
tary of State, 443; in Senate, 449; Ta rid com- 
promise of, 452; opposition to Jackson. 454 ; 

opposition to Van Buren, 463; supports Cal- 
houn's resolutions, 465 ; " Rather be right than 

President," 467; resigns from Senate, 47:>; re- 
turns to Senate, 511 ; compromise of 1850, 512; 
death of, 536. 

CLAYBORNE, WILLIAM, 61. 

CLAYTON, JOHN M., 499. 

Author of Clayton-Bulwer Treaty, 524. 

CLINTON, DE WITT, 405. 

CLINTON, GEORGE, 

Governor of New York, 118, 213. 
CLINTON, GEORGE, 

Vice-President, 395, 404. 

CLINTON, SIR HENRY, 

Commander-in-chief of British Armv, 244, 252, 
260, 267. 

COBB, HOWELL, 501, 515, 534, 548, 598, 631. 

COBB, THOMAS R., 685. 

COCHRANE, SIR ALEXANDER, 
British Admiral, 417. 

COCKBURN, SIR GEORGE, 

Admiral, 416. ' 

COLFAX, SCHUYLER, 
Vice-President, 846. 

COLLAMER, JACOB, 499. 

COLLETON, JAMES, 

Governor of South Carolina, 120. 

COLONIES, BRITISH, 27. 

Virginia, 27, 54, 91; New York, 37, 110; 
Massachusetts, 48 ; Maryland, 58; New Jersey, 
65; New Hampshire, 68 ; Delaware, 71 ; Con- 
necticut, 74; Rhode Island, 75; Pennsylvania, 
80; policy of England toward, 92; North 
Carolina, 97; South Carolina, 118; Georgia, 
150; causes that led to the independence of, 
192; new governments instituted in, 216; 
their independence declared. 2"_'.'! ; confedera- 
tion between, 226 ; articles of Union between, 
as States, 228 ; acknowledged free States by 
Great Britain, 268. 

COLORADO, 

Admitted as a State, 866. 

COLUMBUS, CHRISTOPHER, 

Discovery of America by, 18; sketch of, 18; 
death of, 25. 

CON EEDERATE STATES, 

First congress of met in Montgomery, 597 ; 
constitution of, 598; commissioners of, sent to 
Washington, 602, C07 ; flag of, 612; seat of 
government transferred to Richmond, 615; 
full copies of provisional and permanent con- 
stitutions of, 1176, 980. 

CONFEDERATION, 

Of the thirteen colonies as States, 227 ; articles 
of, between, 227, 919; resolutions to amend, 
277. 

CONFEDERATION, THE NEW ENGLAND, 
B6, 89, 126. 

King Philip's war with, 127 ; end of, by abro- 
gation of charters, 134. 



INDEX. 



1037 



CONGRESS OF ALL THE COLONIES, 

Called by Virginia, 203; met in Philadelphia, 
203 ; delegates to, 203 ; organization and 
action of, 203 : second session of, 209 ; action 
of, 209 ; receives Washington's resignation, 
274 ; convention to amend constitution, 277, 
292; first Congress under new constitution, 
362 ; first movement in, to abolish slavery, 
367. 

CONNECTICUT, 

Settlement of colony of, 74 ; first government 
of, 74 ; charter of, abrogated, 134 ; govern- 
ment overthrown by Andros, 135; charter pre- 
served in old oak, 135; old officers restored, 
135 ; act appointing delegates to Federal con- 
vention, 281 ; action of, on new constitution, 324. 

CONRAD, CHARLES M., 526. 

CONSTITUTION, 

First of the United States, 228; propositions 
to amend, 275; Madison's propositions to 
amend, 276 ; three-fifths clause, 275, 304 ; 
resolutions of Congress for convention of States 
to amend, 277; convention meets in Philadel- 
phia, 292; new constitution agreed upon, and 
referred to Congress, and by Congress submitted 
to the States, 292-302 ; changes in new consti- 
tution : under it United States still a confederate 
republic, 296 et scq.; analysis of, 303-314; 
action of States on new, 314-362; full copies 
of first and second constitutions with amend- 
ments, 919 et seq. ; of Confederate States, 976, 
980. 

CONWAY, THOMAS, 
General, 242. 

COOKE, ST. GEORGE, 
General, 669. 

COOPER, THOMAS, 385. 

CORNWALLIS, CHARLES, 

British lord and general, 253, 262, 266 ; moves 
into Virginia, to Yorktown, 267 ; surrender of, 
267. 

CORTEZ, FERNANDO, 

Conquest of Mexico by, 23. 

CORWIN, THOMAS, 526. 

COX, JACOB D., 848. 

CRAVEN, CHARLES, 

Governor of South Carolina, 125. 

CRAWFORD, GEORGE W., 499. 

CRAWFORD, MARTIN J., 

Confederate commissioner, 602. 

CRAWFORD, WILLIAM II., 404. 

Minister to France, 416 ; secretary of war, 421 ; 
secretary of treasury, 423 ; defeated for Presi- 
dency, 441. 

CRESSWELL, JOHN A. J.. 848. 

CRITTENDEN, JOHN J., 471, 526, 560. 

CROCKETT, DAVID, 483. 

CROSBY, WILLIAM. 

Governor of New York, 116. 

CRUGER, COLONEL, 253, 255, 2-57. 

CULPEPPER, LORD, 93, 102. 

CUSHING, CALEB, 541. 

GUSHING, WILLIAM, 367. 

CUTTS, JOHN, 

Governor of New Hampshire, 154. 



D. 



DALE, SIR THOMAS, 

Governor of Virginia, 34. 

DALLAS, GEORGE M., 
Vice-President, 476. 

DANIEL, ROBERT, 

Governor of North Carolina, 104 

DASCIIOFF, 

Russian minister, 412. 

DAVENPORT, COLONEL, 253. 

DAVIE, WILLIAM R., 

In Federal convention, 296 ; speech on new 
constitution, 356. 

DAVIS, JEFFERSON, 520. 

Secretary of war, 541 ; resolutions in senate 
relative to slavery question, 556 ; President of 
Confederate States, 598, 62S ; cabinet of, 601 ; 
arrested, 835 ; discharged, 844. 

DAYTON, JONATHA X, 

In Federal Convention, 292. 
DAYTON, WILLIAM L., 546. 
DEANE, SILAS, 234, 244. 
DEARBORN, HENRY, 391, 407. 
DE COLIGNY, ADMIRAL, 97. 
DECATUR, COMMODORE, 

In the Mediterranean, 411, 421. 
DECLARATION OF INDEPENDENCE, 226, 

917. 
DE GRAFFENREID, BARON, 107. 
DE KALB, BARON, 256. 

DE LA P.ARRE, 

Governor of Canada, 111. 
DELAWARE, 

Settlement of Colony of, 71 ; Act appointing 

delegates to Federal Convention, '26o ; Action 

of, on new Constitution, 314. 
DELAWARE, LORD, 

Governor of Virginia, 34, 71. 

DELEGATES, 

To Congress of all the Colonies, 203 ; to Federal 

Constitutional Convention, 280. 
DENNISON, WILLIAM, 839. 
D'ESTAING, COUNT, 

French Admiral, 246, 250. 
DE SOTO, FERDINAND. 

Discoverer of the Mississippi, 169. 
DESIRE (ship), 

First American slave-ship, 88. 

DEVENS, CHARLES E., 87& 
DEXTER, SAMUEL, 392. 
Dir.KKYILLE, LE MOYNE, 172. 
DICKERSON, MAHLON.459. 
DISTRICT OF COLUMBIA, 

Founded, 370. 
DOBBIN, JAMES Q, 541. 
DON EI. SoN, ANDREW J., 546. 
DONOAN, THOMAS, 

Governor of Nov York. 110. 

DONIPHAN, COLONEL, 499. 

DOTY, JAMES D, 514. 



io 3 8 



INDEX. 



DOUGLAS, STEPHEN A., 

On Missouri compromise, 495; arraignment of 
Mr. Clayton, 52">; on Kansas and Nebraska 
bill, 543; defeated for Presidency, 558; ex- 
tracts from last speech in Senate, 615; death 
of, 015. 

DOWNIE, COMMODORE, 417. 

DUANE, WILLIAM J., 454. 

DUDLEY, JOSEPH, 

Governor of New England Colonies on abro- 
gation of their charters, 134. 

DUDLEY, THOMAS, 53. 

DRUMMOND, WILLIAM, 95. 

Governor of North Carolina and Virginia, 100, 
216. 

DURANT, GEORGE, 102. 

DUTCH EAST INDIA COMPANY, 
Organized, 38. 

E. 

E PLURIBUS UNUM, 236, 370. 
EARLY, JURAL A., 

General, defeats Hunter at Lynchburg, 797. 

EATON, JOHN H., 447. 
EATON, THEOPHILUS, 75. 
EDEN, CHARLES, 

Governor of North Carolina, 108. 
EFFINGHAM, LORD, 

Governor of Virginia, 111, 154. 
ELECTORAL COMMISSION, 876. 

ELLIS, HENRY, 

Governor of Georgia, 165. 

ELLSWORTH, ELMER E., 
Colonel, 618. 

ELLSWORTH, OLIVER, 

In Federal convention, 292; speech on new 
Constitution, 325; second Chief-Justice, 376. 

EMANCIPATION PROCLAMATION, 995. 

EMBARGO ACT, 398. 

ENDICOTT, JOHN, 52. 

ENGLAND OR GREAT BRITAIN, 

Acknowledgment of the Independence of the 
States, 268 ; Jay's treaty with, 375; orders in 
council by, 396, 401 ; right of search ; aflair of 
Leopard ami Chesapeake, 397 ; war of 1812 
with, 407; treaty of peace with, at Ghent, 421; 
treaty of Washington with, 473. 

ENGLISH, WILLIAM H., 891. 

EOTHEL, SETH, 121. 

ERIC, 

The Red, of Norway, 17. 

ERSKINE, MR., 

British Minister, 401. 
ESPY, JAMES P., 

Originator of Signal Service, 545. 
EUSTIS, WILLIAM, 399. 
EVARTS, WILLIAM H., 878. 
EVERARD, SIR RICHARD, 

Governor of North Carolina, 109. 
EVERETT, EDWARD, 558. 
EWELL, GENERAL, 738. 
EWING, THOMAS, 470, 499. 



F. 

FARRAGUT, ADMIRAL, 

On the Mississippi, 0S8 ; at Mobile Bay, 823. 

FAUCHET, M., 

French Minister, 374. 

FEDERAL CONVENTION OF 1787, 

To revise Constitution, 277, 292; acts of States, 
appointing delegates to, 280 ; meets in Philadel- 
phia, 292 ; new Constitution agreed upon in, 300. 

FEDERAL UNION, 

Established in 1776, 277; Jefferson's idea of 
proper structure of, 298. 

FENDALL, JOSIAS, 

Governor of Maryland, 64. 

FERRY, THOMAS W., 866. 

FEW, BENJAMIN, 
Colonel, 257. 

FEW, WILLIAM, 

In Federal convention, 292. 

FILLMORE, MILLARD, 

Vice-President, 495; becomes President by 
death of Taylor, 526; cabinet and administra- 
tion of, 526 ; defeated for Presidency, 546. 

FISH, HAMILTON, 848. 

FLAG OF THE UNITED STATES, 236. 

FLETCHER, BENJAMIN, 
Governor of New York, 114. 

FLORIDA, 

Ceded by Spain to Great Britain, 165; restored 
to Spain, 268 ; admitted as a State, 478 ; seces- 
sion of, 585. 

FLOYD, JOHN B., 

Secretary of War, 548, 637, 645. 

FOLGER, CHARLES J., 911. 

FOOTE, COMMODORE, 635. 

FOOTE, HENRY S„ 519. 

FORSYTH, JOHN, JR., 

Confederate commissioner, 602. 

FORSYTH, JOHN, SR., 

Defender of Jackson's administration, 454 ; 
secretary of State, 459. 

FORT MOULTRIE, 

Attack on, 220 ; surrender of, 253. 

FORWARD, WALTER, 472. 

FOX, GEORGE, 

Founder of the Quakers, 81. 

FRANCE, 

War between, and England, 112, 136, 149, 175 ; 
treaty of United States with, 243; quasi war 
with, 381 ; Berlin and Milan decrees by, 396, 
401. 

FRANKLIN, BENJAMIN, 87, 175, 225, 229, 234, 
244, 268, 292, 296, 368. 

FRKLINGHUYSEN, FREDERICK T., 911. 

FRELINGHUYSEN, THEODORE, 476. 

FREMONT, JOHN CL 

Defeated for Presidency, 546. 

FRENCHTOWN, 

Slaughter of United States prisoners at, 413. 

FROBISHER, MARTIN, 27. 
1T< UTIVB SLAVE LAW, 512. 



INDEX. 



IO39 



G. 



OADSDEN'S PURCHASE, 542. 

GAGE, GENERAL, 

Governor of Massachusetts, 2C6, 213. 

GAILLARD, JOHN, 418. 

GALLATIN, ALBERT, 392, 399, 412. 

GARFIELD, JAMES ABRAM, 

Elected President, 891 ; inaugural, 892; cabinet 

and administration of, 896 ; assassination of, 897. 
GATES, HORATIO, 

General, 211,239,255. 
GATES, SIR THOMAS, 

Governor of Virginia, 34. 

GENET, M., 

Career of, in United States, 374. 

GENEVA AWARDS, 854. 

GENTRY, MEREDITH P., 501, 959. 

GEORGE III., 194. 

GEORGIA, 

Settlement of colony of, 150; prohibits the in- 
troduction of negro slavery, 154; allows, 164; 
first legislative assembly of, 164; becomes a 
royal colony, 164; opposition by, to stamp 
duties, 196; constitutional convention in, 211 ; 
act appointing delegates to Federal convention, 
291 ; action of, on new constitution, 324 ; con- 
troversy with United States, 443 ; secession of, 
587 ; platform of 1850, 963. 

GERRY, ELBRIDGE, 

In Federal convention, 296,380; Vice-Presi- 
dent, 405 ; death of, 418. 

GETTYSBURG, 
Battle of, 506. 

GIBBES, ROBERT, 

Governor of South Carolina, 123. 

GILBERT, RALEIGH, 48. 

GILBERT, SIR HUMPHREY, 

First grant of land in America to, by Queen 
Elizabeth, 2 3. 

OILMAN, NICHOLAS, 

In Federal convention, 292. 

GEORGES, SIR FERNANDO, 68. 

GORHAM, NATHANIEL, 
In Federal convention, 292. 

GOSNOLD, BARTHOLOMEW, 29. 

GOVERNMENT, 

Articles on, 928. 
GRAHAM, WILLIAM A., 526, 540. 
GRANGER, FRANCIS P., 457, 471. 

GRANT, ULYSSES S., 634, 889. 

At Fort Donelson, 638 ; at Shiloh, 647 ; at 
Vicksburg, 779 ; at Missionary Ridge, 782 ; 
moves against Richmond, 793 ; lays siege to 
Petersburg, 797; captures Richmond, 829; 
elected President, 846, S5S ; cabinet and ad- 
ministration of, 848. 

GREAT BRITAIN, 
See England. 

GREELEY, HORACE, 539. 544. 
Defeated for Presidency, 858. 

GREENE, NATHANIEL, 
General. 211. 262. 



GREEN, ROGER, 99. 
GREENVILLE, SIR RICHARD, 97 
GU1TEAU, CHARLES J., 

Assassination of Garfield by, 897. 
GUTHRIE, JAMES, 541. 

H. 

HABEAS CORPUS, 

Decision by Chief-Justice Taney, against sus- 
pension of, 614; suspended in time of peace, 842. 

HABERSHAM, JOSEPH, 212, 219. 

HALE, JOHN P., 540. 

HALE, NATHAN, 231. 

HALL, NATHAN K., 526. 

HALLECK, GENERAL, 631, 634. 

General-in-chief of United States Army, 680. 

HAMILTON, ALEXANDER, 

In Federal Convention, 292; Secretary of 
Treasurv, 366 ; head of Federal party, 369 ; 
death of, 396. 

HAMILTON, PAUL, 399. 

HAMLIN, HANNIBAL, 
Vice-President, 559. 

HAMPTON ROADS CONFERENCE, 998. 

HANCOCK, JOHN, 206, 209. 

HANCOCK, WINFIELD S., 

At Gettysburg, 739; defeated for Presidency, 
891. 

HARLAN, JAMES, 839. 

HARMER, JOSIAH, 
General, 370. 

HARRISON, ROBERT H. ( 367. 

HARRISON, WILLIAM HENRY, 

General, 403, 408, 467; voted for President, 
457; elected President, 469; Cabinet and Ad- 
ministration of, 470 ; death of, 470. 

HARVARD UNIVERSITY, 
Established, 89. 

HARVEY, JOHN, 

Governor of Virginia, 67, 103. 
HARVEY, THOMAS, 

Governor of Nortb Carolina, 103. 
HAYES, RUTHERFORD B., 

Elected President, 876 ; Cabinet and Admin- 
istration of, 878. 
HAYNE, ISAAC, 266. 
HAYNE, ROBERT Y., 

Debate with Webster, on Nullification doctrine, 

448. 
HEATH, WILLIAM, 

General, 211. 
HENDRICKS, THOMAS A., 875. 
HENRY, PATRICK, 194, 293, 301. 
HILL, BENJAMIN H, 912. 
HOAR, EBENEZER R., 848. 
HOLMES, MR., 

Speech upon Missouri compromise, 427. 
HOOD, JOHN B., 

General, supersedes Johnston nt Atlanta, 821. 

HOOKER. JOSEPH, 

General, 690, 692; superseded by Mead, 738. 



1040 



INDEX. 



HOOPER, J. J., 598. 
HOUSTON, SAMUEL, 

Second President of Texas, 484. 
HOWARD, JOHN EAGER, 422. 
HOWARD, LORD, 

Governor of Virginia, 95. 
HOWE, GENERAL, 

British Admiral, 229. 
HOWE, TIMOTHY O., 911. 
HOWE, SIR WILLIAM. 

British General, 213, 229. 
HUDSON. SIR HENRY, 

Discovered Manhattan Island, 37. 

HULL, ISAAC ', 

Captain, 410. 
HULL, WILLIAM, 

Surrender of Detroit by, 408. 
HUNTER, ROBERT M. T, 626. 
HUNT, WILLIAM T, 896. 
HUTCHINSON, MRS. ANNE, 43, 88. 
HYDE, EDWARD, 

Governor of North Carolina, 105. 

I. 

ILLINOIS, 

Ad nutted as a State, 424. 
INCOME TAX, 854. 
INDEMNITY FROM FRANCE, 457. 

INDEPENDENCE, 

Causes that led to it, 192; Declaration of, 223; 
Confederation to maintain, 226; acknowledg- 
ment of, bv Great Britain, 268 ; Centennial of, 
866 ; full copy of Declaration, 917. 

INDIANA, 

Admitted as a State, 421. 

INDIANS, 

First attempt to Christianize, 63. 
INGEBSOLL, JARED, 405. 
INGHAM, SAMUEL D., 447. 
INOCULATION, 

Introduction of, 146. 
INTERNAL IMPROVEMENTS, 440, 448, 487. 
INTERNATIONAL EXHIBITION, 866. 

IOWA. 

Admitted as a State, 478. 
IRVING, WASHINGTON, 

Sketch of, 666, 
ISABELLA, QUEEN OF CASTILE, 19, 25. 

J. 

JACKSON, ANDREW, 

Major-* General in command against the Greeks, 
41 i. 419; al New Orleans, 421; against the 
Seminoles, 424; voted for President, 441; 
sketch of, 446 ; elected President, 445 ; Cabinet 
and Administration of, 447 ; rupture with Cal- 
houn, 448 ; re-elected President, 451 ; procla- 
mation against nullification, 451 ; opposed by 
"The Great Trio," 454; protest against Senate 
censure, 465; attempted assassination of, 466; 
farewell address of, 458 ; death of, 487. 

JACKSON, THOMAS J., "STONEWALL," 

Valley campaign of, 660; at Richmond and 



Harper's Ferry, 682 ; at Chancellorsville, 692 ; 
death of, 706. " 

JAMES L. 

King of England, 29, 56. 

JAMES, THOMAS L., 896. 

JAMESTOWN, 

Settlement of, 29. 

JASPER, SERGEANT, 219, 256. 

JAY, JOHN, 268. 

Defends the Constitution, 300 ; first Chief-Jus- 
tice, 367 ; negotiates treaty with Great Britain, 
375. 

JEFFERSON, THOMAS, 

Author of Declaration of Independence, 226, 
229, 268 ; new idea of. on the structure of a 
Federal Union, 278, 294, 366, 384; elected 
Vice-President, 377 ; elected President, 386 ; 
inaugural, 388 ; cabinet and administration of, 
391 ; acquisition of Louisiana, 393 ; re-elected 
President, 395; retirement from public life, 
398 ; death of, 444 ; draft of Kentucky resolu- 
tions of 1798, 937. 

JENKINS, JOHN, 

Governor of North Carolina, 103. 

JESUITS, 479. 

JOHNSON, ANDREW 7 , 

Elected Vice-President, 826 ; becomes Presi- 
dent by death of Lincoln, 835; cabinet and 
administration of, 839; quarrel with Stanton, 
843 ; impeachment and acquittal of, 843 ; death 
of, 879. 

JOHNSON, CAVE, 486. 

JOHNSON, HERSCHEL V., 558. 

JOHNSON, SIR NATHANIEL, 
Governor of South Carolina, 123. 

JOHNSON, REVERDY, 499. 

JOHNSON, RICHARD M., 413, 450, 455, 469. 
Vice-President, 457. 

JOHNSON, ROBERT, 

Governor of South Carolina, 125. 

JOHNSON, SAMUEL, 

In Federal convention, 292. 

JOHNSON, WILLIAM, 
General, 177, 187. 

JOHNSTON, ALBERT SIDNEY, 

Colonel and General, 551, 633, 635; killed at 
battle of Shiloh, 647. 

JOHNSTON, JOSEPH E., 

General, at first Manasses, 619; wounded at 
Seven Pines, 660; succeeds Bragg in com- 
mand, 790; opposes Sherman's advance, 819; 
superseded by Hood at Atlanta, 821 ; replaced 
at head of Southern army, 829; convention of, 
with Sherman, 833 ; surrender of, 835. 

JONES, ANSON, 

President of Texas, 484. 

JONES, JOHN PAUL, 251. 

JONES, WILLIAM, 407, 410. 

JULIAN, GEORGE W, 540. 

K. 

KAIEFT, WILLIAM. 

Governor of New York, 41. 



INDEX. 



IO4I 



KANSAS, 

Troubles in, relative to slavery question, 552; 

territorial bills relative to, 544 ; admitted as a 

State, 569. 
KEARNEY, PHILIP, 677. 
KEARNEY, STEPHEN W., 

General in Mexican war, 488. 
KENDALL, AMOS, 456, 459. 
KENDALL, GEORGE, 30. 
KENTUCKY, 

First settlement of, 372 ; admitted as a State, 

373; attempts neutrality in war between the 

States, 628. 

KEY, DAVID M., 878. 

KEY, FRANCIS, 

Author of " Star Spangled Banner," 418. 

KIDD, CAPTAIN, 
Career of, 114. 

KING PHILIP, 

Indian chief, war with New England Con- 
federation, 126. 

KING, RUFUS, 

In Federal convention, 292; voted for Vice- 
President and President, 395, 398, 421. 

KING, THOMAS BUTLER, 

Special agent to California, 499, 

KING, WILLIAM R., 
Vice-President, 540. 

KIRKWOOD, SAMUEL J., 896. 

KNOX, HENRY, 
General, 366. 

KNYPHAUSEN, GENERAL, 259. 

KU-KLUX-KLAN, 855. 

KYRLE, RICHARD, 

Governor of South Carolina, 120. 

L. 

LACONIA GRANT, 68, 70. 
LA FAYETTE, MARQUIS DE, 

General, 235, 241, 245, 266 ; rerisits United 

States, 440. 
LA GARE, HUGH S., 472. 
LAMAR, MIRABEAU B., 

Third President of Texas, 484. 
LANE, JOSEPH, 558. 
LANE, RALPH, 

Governor of North Carolina, 97. 
LANGDON, JOHN, 

In Federal convention, 292. 

LANSING, JOHN, 

In Federal convention, 292. 
LAURENS, HENRY, 268. 
LAWRENCE, JAMES, 414. 
LEE, ARTHUR, 234, 244. 
LEE, CHARLES, 

General, 211, 245. 
LEE, HENRY, 254. 
LEE, RICHARD HENRY, 

Resolutions of independence offered by, 225. 

LEE, ROBERT E., 

General in command of Southern sea-coasts, 
628; takes command at Richmond, 660; at 
66 



second Manasses, 681 ; at Sharpesburg, 682 ; at 
Fredericksburg, 6,s4 ; at Chancellorsville, 692, 

718; at Gettysburg, 738; in tlie wilderness, 
793; final surrender of, to Grant, 829; death 
of, 851. 

LI" DWELL, PHI LIP, 

Governor of North Carolina, 103. 

LILLINGTON, MAJOR, 

Governor of North Carolina, 103. 

LINCOLN, ABRAHAM, 

Elected President, 569 ; inaugural, 606 ; cabinet 
and administration of, 607; re-elected, 826: 
emancipation proclamation, 994; assassination 
of, 835. 

LINCOLN, BENJAMIN, 
General, 248, 253. 

LINCOLN, LEVI, 391. 

LINCOLN, ROBERT T, 896, 911. 

LINDSAY, MAJOR, 257. 

LIVINGSTON, ROBERT R., 226, 3-51, 364. 

LIVINGSTON, WILLIAM, 
In Federal convention, 292. 

LOGAN, JOHN A., 641. 

LONDON COMPANY, 

Organized, 29 ; dissolved, 56. 

LONGSTREET, GENERAL, 659, 665, 670, 780. 

LOPEZ, MARCISCO, 
General, 536. 

LOUDEN, LORD, 

Career of, in America, 177. 

LOUISIANA, 

Discovery of, 173; origin of name, 173; ac- 
quired by Jefferson, 393; admitted as State, 
404; secession of, 597; great excitement in, 
relative to election frauds, b-38 ; quasi civil war 
in, 880. 

LOVELACE, LORD, 

Governor of New York, 110, 115. 

LOWNDES, RAWLINS, 337. 

LOWNDES, WILLIAM, 402, 435. 

LUDWELL, PHILIP, 

Governor of South Carolina, 121. 

LYON, GENERAL, 626. 

LYON, MATTHEW, 

First victim under Sedition Act, 384. 

M. 

McCLELLAN, GEORGE B., 618. 

General, commander-in-cliief of Federal Army, 
626 ; Peninsular campaign, 66 •"> ; defeat of, 681; 
correspondence with government, 679; at 
Sbarpesburg, 682; superseded by Burnside, 
684; defeated for Presidency, 826. 

McClelland, Robert, mi. 

McCLERNAND, GENERAL, 637, 648. 
MoCLERNAND, JOHN A., 514. 
McCB \KY. GEORGE W„ 878. 
McCREA, MISS JANE, 237. 

Mcculloch, men, 839. 
Mcdonough, commodore, 

At PlatUborgh, 117. 
McDUFFIE, GEORGE, 444. 



1042 



INDEX. 



McHENRY, JAMES, 

In Federal convention, 292. 

McLANE, LOUIS, 447. 

MACOMB, ALEXANDER, 
General at Piattsburgh, 417. 

Mcpherson, james b., 820. 

McVEAGH, WAYNE, 896. 

MADISON, JAMES, 

Movement of, to amend Constitution, 276, 277 ; 
in Federal convention, 29ii, 298; Secretary of 
State, o91 ; elected President, 398 ; status in 
politics, 397; Cabinet and Administration of, 
399; re-elected President, 405 ; death of, 457 ; 
report on Virginia resolutions, 940. 

MAINE, 

Settlement of, 48 ; admitted as a State, 424. 

MALLORY, STEPHEN R., 601. 

MAMMOTH CAVE, 373. 

MANASSES, 

Patties of, first, 619 ; second, 681. 

MANGUM, WILLIE P., 
Voted for President, 457. 

MARCY, WILLIAM L., 486, 541. 

MARION, FRANCIS, 
General, 256, -57. 

MARSHALL, JOHN, 

Embassy of, to France, 380; third Chief-Jus- 
tice, 391 ; death of, 456. 

MARTIN, JOHN, 30. 

MARTIN, JOSIAH, 224. 

MARTIN, LUTHER, 

In Federal convention, 296. 

MARYLAND, 

Exploration of, 34; settlement of colony of, 
58 ; charter of, to Lord Baltimore, 61 ; origin 
of name, 62; first Legislative Assembly, 62; 
attempts to seize colony of, 62, 64 ; Act appoint- 
ing delegates to Federal convention, 286 ; ac- 
tion by, on new Constitution, 335. 

MASON, OKORGE, 

In Federal convention, 293. 

MASON, JAMES M., 628. 

MASON, JOHN, 68. 

M \Si>X, JOHN Y., 475, 486. 

MASON AND DIXON LINE, 192,559. 

MASSACHUSETTS, 

Settlement of, 48 ; first government of, 52; dis- 
pute with New Hampshire, 71, 134; introduc- 
tion of African slavery, 88; summoned to an- 
swer Royal Commissioners, 126; purchase by, 
of Maine, 134; charter of, abrogated, 134; ex- 
pulsion of Andros, 135; union with Plymouth 
under new charter, 135; opposition by, to 
stamp duties, 195; Boston Port Bill, 201 ; or- 
ganized provisional government, 206; Shay's 
rebellion in, 27 1 ; act appointing delegates to 
Federal convention, 281; action of, on new 
Constitution, 327. 
MASSVSOIT, 

Indian chief, 50, 52 
MATHER, COTTON, 

Responsible lor witchcraft atrocities, 140. 

MAYFLOWER, 50. 



MAYIIEW, EXPERIENCE, 132. 
MEADE, GEORGE C, 

General, superseded by Hooker at Gettysburg, 
738. 

MECKLENBURG DECLARATION OF INDE- 
PENDENCE, 223,917. 

MERCER, HUGH, 

General, 231. 
METRIC COINS, 889. 
MEIGS, COLONEL, 

Exploit of, at Sag Harbor, 236. 
MEMMINOER, CHRISTOPHER G., 601. 
MEREDITH, WILLIAM M.. 499. 
MERRIWETHER, JAMES, 443. 
MEXICO, 

War with, 487 ; treaty of peace with, 491. 
MILAN DECREE, 396, 401. 
MINNESOTA, 

Admitted as a State, 554. 
MINUITS, PETER, 

First Governor of New Netherlands, 40. 
MISSISSIPPI, 

Admitted as a State, 424; secession of, 585. 
MISSOURI, 

Territorial government established in, 404 ; 

contest over admission of, 425 el geq.; attempts 

neutrality in war between the States, 626. 
MISSOURI COMPROMISE, 

History of, 425 et seq. ; votes on, 426, 433, 437. 
MOBILE, 

Settlement of, 173. 
MONROE, JAMES, 

Special Minister to France, 392; elected Prcsi 

dent, 422; Cabinet and administration of, 423; 

Missouri Compromise (so called), 425; re- 
elected President, 439 ; Monroe Doctrine (so 

called), 440; death of, 449. 
MONTCALM, MARQUIS, 178,188. 
MONTGOMERY, CITY OF, 

Confederate States government organized at, 

597. 
MONTGOMERY, JOHN, 

Governor of New York, 116. 
MONTGOMERY, RICHARD, 

General, 211, 216. 

MOORE, JAMES, 

Governor of South Carolina, 103, 123, 125. 

MORGAN, DANIEL, 

( m neral, 262. 
MORMONS, 

Account of, 548. 
MORRIS, GOUVER N E ( T R, 

In Federal convention, 292. 
MORRIS, LEWIS, 

First Governor of New Jersey, 68. 

MORRIS, ROBERT, 

In Federal convention, 261, 292. 
MORTON, JOSEPH, 

Governor of South Carolina, 120. 

MORTON, OLIVER P., 8S1. 

MORSE, PROFESSOR, 

Inventor of telegraph, 478. 



INDEX. 



1043 



MOSELEY, EDWARD, 109. 

MOULTRIE, FORT, 
Battle of, 220. 

MOULTRIE, WILLIAM, 
General, 190, 220. 

N. 

NAPOLEON I., 395. 

NATCHEZ, 

Settlement of, 173. 

NAVIGATION ACT, 92. 

NEBRASKA, 

Territorial bills relative to, 542; admitted as a 
State, 846. 

NEVADA, 

Admitted as a State, 826. 

NEW AMSTERDAM, 

First name given to New York city, 39. 

NEW ENGLAND, 

Name of, given to, 34, 52 ; confederation of, 89 ; 
end of confederation, 134. 

NEW HAMPSHIRE, 

Settlement of, 68; first government of, 68; 
summoned to answer royal commissioners, 134 ; 
charter of, abrogated, 134 ; act appointing dele- 
gates to Federal convention, 280; action of, on 
new constitution, 337. 

NEW JERSEY, 

Settlement of, by the Danes, and how it became 
British colony, 65; origin of name, 65; first 
General Assembly, 65; act appointing dele- 
gate's to Federal convention, 283 ; action of, on 
new constitution, 322. 

NEW MEXICO, 

Bills to provide Territorial government in, 513, 
526 ; contest relative to, 513. 

NEW NETHERLANDS, 

First name of New York, 38. 

NEW ORLEANS, 

Settlement of, 173; battle of, 420; capture of, 
by Federal forces, 688. 

NEWPORT, CHRISTOPHER, 30. 

NEW SWEDEN, 

First name of Delaware, 72. 

NEW YORK, COLONY OF, 

Settlement of, as New Netherlands, 37 ; becomes 
British colony, 40 ; Indian war, that threatened 
existence of, 41 ; first government of, as British 
colony, 110; French invasion of, 113, 118; sus- 
pension of legislative assembly, by Great 
Britain, 199 ; act appointing delegates to Fed- 
eral convention, 282 ; action of, on new con- 
stitution, 347. 

NEW YORK, CITY OF, 

Threatened by British in 1776, 221; Washing- 
ton arrives at, 221 ; evacuates, 231 ; great fire 
in, 456 ; notable riot in, 499. 

NICHOLLS, RICHARD, 

First English governor of New York, 46. 

NON- INTERCOURSE ACT, 401, 402. 

NORTH, LORD, 

Head of Tory ministry, 261, 268. 
NORTH CAROLINA, 

Settlement of colony of, 97 ; first government 



of, 100; opposition by, to stamp duties, 196; 
resisting taxation, 200 ; first colony to declare 
independence, 223 ; organized provisional gov- 
ernment, 224; act appointing delegates to Ind- 
eral convention, 290; action of, on new con- 
stitution, 356 ; secession of, 614. 

NORTH VIRGINIA, 29, 52. 

NOVA SCOTIA, 27. 

NULLIFICATION, 

Ordinance of, by South Carolina, 451 ; pro- 
clamation against, by President Jackson, 451 ; 
repeal of, by South Carolina, 453. 

O. 

OATH, 

Repeal of iron-clad, 854. 
OGLETHORPE, JAMES, 

Founder of the colony of Georgia, 151. 
OHIO, 

Admitted as a State, 394. 
OHIO COMPANY, 

Grant to, 174. 
"OLD IK)MINION," 

Why applied to Virginia, 58. 
O-PE CIIAN-CAN-OUGH, 

Indian chief, 54. 

ORDERS IN COUNCIL, 

Issued by Great Britain, 401, 402, 406. 
OREGON, 

Admitted as a State, 555. 
ORR, JAMES L., 605. 
OSCEOLA, 

Indian chief, 460. 
OWEN, ALLEN F., 537. 

P. 

PAKENIIAM, SIR EDWARD, 

British General, 419. 
PANAMA MISSION, 414. 

PARKER, SIR PETER, 
British admiral, 219. 

PARTI ES, 

Old Federal, headed by Hamilton, 364*369; 
old Republican or Democratic, headed by 
Jefferson, 396; first contest between, 384; 
second, 395; Democratic or strict construction 
against latitudinous construction, 369, 446; 
national Republican, beaded by Clay, 446; 
strict constructionists, beaded by Jackson, 1 17 ; 
anti-Masonic, I ii* ; first general convention of 
Democratic, 450 ; Whig organized, 454; anti- 
slavery, 476; (ree-eoil organized, 495 ; Ameri- 
can or know-nothing, 545 ; anti-slavery assumes 
name of Republican, 5 16. 

PATTERSON, WILLIAM. 
In Federal convention, 296. 

PEACE CONGRESS, 

called for, by Virginia, 589. 

PECK, JARED, 

Prosecuted under sedition act, 385. 

PEMBERTON, JOHN c, 
< reneral, 7-">7. 

PENDLETON, GEORGE H., 826. 



1044 



INDEX. 



PENN, WILLIAM, 

In New Jersey, 66 ; proprietor of Pennsylvania, 
82. 

PENNSYLVANIA, 

settlement of, 80 ; charter, 82 ; name, 83 ; first 
government of, 84 ; act appointing delegates to 
Federal convention, 284 ; action of, on new con- 
stitution, 315. 

PENSION ACT, 
first, 423. 

PEPPERELL, COLONEL, 150. 
PEQUODS, 

War with, 86 ; made slaves and extinguished, 

88. 
PERKY, OLIVER H., 

Commodore, 413. 
PERSONAL LIBERTY BILLS, 542. 
PETERS, HUGH, 88. 
PETERSBURG, 

Siege of, 799. 
PHILADELPHIA, 

Pounded, 84; first Congress of colonies met in, 

203 ; independence declared at, 226 ; seat of 

government for ten years, 370. 

PHILLIPS, BRITISH GENERAL, 262. 

PHI ITS, SIR WILLIAM, 

First governor of United Colonies of Massachu- 
setts and Plymouth, 135. 

PICKENS, ANDREW, 

( 'olonel, 248. 

PICKENS, FRANCIS W, 

Governor of South Carolina, 254. 

PIERCE FRANKLIN, 

Elected President, 540; cahinet and adminis- 
tration of, 541 ; Kansas and Nebraska act, 544; 
death of, 849. 

PIERRE, M. D. ST., 174. 

PIKE, Z. M., 

General, 413. 

PILGRIMS, 50. 
PINCKNEY, CHARLES, 

In Federal convention, 292, 294. 

PINCKNEY, CHARLES COTESWORTH, 

In Federal convention, 293, 380, 384, 395, 

:;9.s. 

PINKNEY, WILLIAM, 

Speech upon admission of Missouri, 430. 
PITCAIBN, MAJOR, 

British officer, 209, 214. 
PITT, WILLIAM, 

Speech in defence of the colonies, 197. 
PLYMOUTH, 

Colony of, 50; colonists called pilgrims, 50; 

first government of, 53 ; charter of, abrogated, 

134; union with Massachusetts under new 

charter, Ki. r >. 

PLYMOUTH COMPANY, 

< Organized, 29. 
POCAHONTAS, 

Story of, 33, 34. 
POl NSKTT. JOEL R., 444, 459. 
POLK, JAM FS K., 

Elected President, 476; cabinet and admin- 



istration of, 4S6 ; Mexican war, 487 ; death of, 

510. 
POLLOCK, THOMAS, 

Governor of North Carolina, 107. 
POM FRO Y. SETH, 

General, 211. 
POPE. JOHN, 

Major-General, campaign of, in Virginia, 681. 
POPHAM, GEORGE, 48. 
PORTER, JOHN, 104. 
PORTER, COMMODORE, 410,416. 
PORTER, FITZ JOHN, 665. 
POWHATAN, 

Indian chief, 33. 
PRESIDENTIAL ELECTIONS, 

In 1788,303; in 1792,374; in 17%, 377; in 

18(0, 386; in 1S04, S95;in 1808, 398; in 1812, 

405; in 1816, 422; in 1820, 439; in 1824, 441 ; 

in 1828,445; in 1832,450; in 1836,457; in 

1840, 469; in 1844, 470; in 1848, 495; in 1852, 

540; in 1856, 540; in 18(0, 5o9; in 1864, 826; 

in 1868, 84G; in 1872, 858; in 1876, 875; in 

1880, 891. 
PRESTON, WILLIAM B., 499. 
PREVOST, BRITISH GENERAL, 248. 
PRIDEAUX, GENERAL, 187. 
PRINCETON COLLEGE, 

Founded, 68. 
PRISONERS, 

Number taken on both sides, in war between 

the States, and treatment of, 837. 
PROCTOR, COLONEL, 43. 
PROVISO, WILMOT, 491. 
PULASKI, COUNT CASIMIR, 

Sketch of, 241 ; death of, 250. 
PURITANS, 48. 
PUTNAM, ISRAEL, 

General, 211, 230, 249. 

Q. 

QUAKERS, 81. 
QUARRY, ROBERT, 

Governor of South Carolina, 120. 

R. 

RALEIGH, GILBERT, 28, 48. 
RALEIGH, SIR WALTER, 

Attempts of, to colonize America, 28, 97. 
RANDOLPH, EDMUND, 

In Federal convention, 292, 294, 366, 375. 
RANDOLPH, JOHN, 

Of Roanoke, 405. 
RANDOLPH, PEYTON, 

President of Congress of 1774, 203, 209. 
RATCLIFF, JOHN, 30. 

RAWDON, LORD, 

British General, 255, 264. 
RAWLINS, JOHN D., 848. 
READ, G FORI; E, 

In Federal convention, 292. 
REAGAN, JOHN II., 601, 835, 843. 



INDEX. 



REBELLIONS, 

Clayborne's in Maryland, 62 ; Bacon's in Vir- 
ginia, 93; Culpepper's in North Carolina, 102; 
Shay's in Massachusetts, 274 ; Dorr's in Rhode 
Island, 473. 

REGICIDES, 90. 

RELIGIOUS PERSECUTIONS, 
In Maryland, 64. 

RESOLUTIONS, 

Of Colonial Congress, 206; Madison's in 1786, 
which led to revision of Constitution, 277; of 
Congress, on the powers of the Federal Gov- 
ernment, on subject of negro slavery, 367 ; upon 
admission of Missouri, 437 ; Calhoun's in Sen- 
ate; on nature of the government, 463 ; Ather- 
ton's in the House, on negro slavery in the 
States, 466 ; Milton Brown's for admission of 
Texas, 477 ; Calhoun's on slavery restrictions 
in the Territories, 494 ; Jefferson's Kentucky 
resolutions of 1798, 937 ; Virginia resolutions 
of 1798-9, 940. 

REYNOLDS, JOHN, 

Governor of Georgia, 164. 

RHODE ISLAND, 

Settlement of, 75; charter abrogated, 134; ac- 
tion of, on new Constitution, 358 ; Dorr's rebel- 
lion in, 473. 

RIBAULT, JOHN, 97. 

RICHMOND, CITY OF, 

Capital of Confederate States, 615; captured, 
829. 

RINGGOLD, SAMUEL, 
Major, 489. 

ROBINSON, JOHN, 49. 

RODNEY, CAESAR, 391, 399. 

ROMAN, A. B., 

Confederate Commissioner, 602. 

ROSECRANS, U. S., GENERAL, 682, 780. 

ROSS, BRITISH GENERAL, 417. 

RUGGLES, TIMOTHY, 195. 

RUSSELL, JONATHAN, 416. 

RUST, RICHARD, 443, 445. 

RUTLEDGE, JOHN, 

In Federal convention, 296, 367. 

S. 

ST. CLAIR, GENERAL, 370. 
SALLE, M. DE LA, 172. 
SANTA ANNA, 

Dictator of Mexico, 481 ; captured at San 

Jacinto, 484. 

SAVANNAH, CITY OF, 

Settlement of, 151 ; captured bv British in 

1778, 250. 
SAVANNAH (STEAMER), 

First that crossed the Atlantic, 424. 
SAYLE, WILLIAM, 

First Governor of South Carolina, 118. 
SCHUYLER, PHILIP, 

General, 211, 216, 238. 
SCHURZ, CARL, 878. 



IO45 

SCOTT, WINFIELD, 

General, at Lundy's Lane, 417 ; captured Black 
Hawk, 4^0; in chief command against Mexico, 
4'JU ; defeated for presidency, 540; retired 
from chief command of Federal nriuy, 626; 
death of, 841. 

SEAL OF UNITED STATES, 229, 230. 

SECESSION, 

Causes which led to, 556 et seq. ; speeches rela- 
tive to, 561, 570, 585, 590, et seq. 

SEDGEWICK, GENERAL, 714. 

SEWARD, WILLIAM 1L, 

Views of, on secession, 592: Secretary of State, 

607 ; death of, 857. 

SHERIDAN, PHILIP II., 

In Shenandoah Valley, 797. 
SHERMAN, ROGER, 

In Federal convention, 225, 292. 

SHERMAN, JOHN, 878. 

SHERMAN, WILLIAM T, 634, 792, 

March of, from Yicksburg, 791 ; in command 
at Chattanooga, 793; advance on Atlanta, 819; 
takes Atlanta, 822 ; march to the Hea, 822; ad- 
vance through South Carolina, 829 : convention 
and capitulation with Johnston, 883. 

SHERMAN-JOHNSTON ( '< >N V ENTION, 833. 
Disapproved by President, 800, 839. 

SHILOH, 

Battle of, 646. 

SHIRLEY, SIR WILLIAM, 

Governor of Massachusetts, 177. 

SIGNAL SERVICE, 850. 

SLAVERY, INDIAN, 

Introduced in New England, 88. 

SLAVERY, NEGRO, 

Introduced into Virginia, 36; into Massachu- 
setts, 88; into South Carolina, ll'J; into 
Georgia, 161; prohibited in territory north- 
west of Ohio river, 279; first movement in 
Congress to abolish, 367 ; Missouri compromise 
upon, 425, 432; resolutions of Senate and 
Llouse upon, 463, 466 ; Wilmot proviso upon, 
491; Calhoun's resolutions of 1848 upon, 494; 
Clay's compromise upon, in 1850, -">12; sec- 
tional contests in Senate and House relative to, 
526 et aeq.; principles of Clay's compromise, 
543; Davis' resolutions in Senate on, •">• ; dis- 
cussions upon in Peace Congress, 689 et MB, 

SLIDELL, JOHN, 62S. 

SMYTH, ALEXANDER, 

General, 409. 
SMITH, BALLARD, 

Speech upon Missouri compromise, 127. 
SMITH, CALEB I'.., 607. 
SMITH, E. KIRBY, 

General, <^2. 880. 
SMITH, IIKNKY. 

Governor of Texas, 483. 
SMITH, JOHN. 

Captain in Virginia, 30, 58. 
SMITH, JOSEPH, 

Pounder of Mormonism, 548. 
SMITH, ROBERT, 391,399. 



1046 



INDEX. 



SMITH, THOMAS. 

Governor of Booth Carolina, 122. 
SM 111 I son, JAME8, 

Bequest by, to United States, 465. 

SM ETHSONIA N I XSTITUTE, 
Founded 1S38, 465. 

SOTIIKL, BETH, 

Governor of North Carolina, 103. 

SOUTHARD, SAMUEL L., 443. 

SOUTH CAROLINA, 

Settlement of colony of, 118; first government 
of, 119; introduction of negro slavery in, 119; 
Yemassee war in, 123; act appointing dele- 
gate to Federal convention, 290; action of, on 
new constitution, 325; nullification, 451 ; seces- 
sion ordinance, 560; quasi civil war in, 880. 

SOUTH VIRGINIA, 29. 
SPAIGHT, RICHARD D., 

In Federal convention, 292. 
SPEED, JAMES, 839. 
SPEEDWELL (SHIP), 50. 
SPENCER, JOHN C, 472. 
SPENCER, JOSEPH, 

General, 211. 
SI AMP ACT, 

Passage of, 194; repeal of, 198. 
STANDISH, CAPTAIN, 52. 
STANTON, EDWIN M., 

Secretary of War, G31, 843, 849. 
STAR ROUTES, 896. 
STARK, JOHN, 

Colonel and General, 238. 

STEPHENS, ALEXANDER II., 514. 

Speech before Georgia legislature relative to 
secession, 57<), 9(>4 ; before Ceorgia convention, 
585; Vice-President of Confederate States, 
598, f>2S; letter to President Davis relative to 
exchange of prisoners, 7.">0; arrested, 835 ; dis- 
charged, 843; appointed military commis- 
sioner to Washington, 994. 

STEPHENS, LINTON, 587, 850, 852, 857, 1017. 
STEPHENS, SAMUEL, 100. 
STEPHENS, WILLIAM, 
Colonel, 163. 

STIRLING, GENERAL, 230. 
STOD] >A RT, BENJAMIN, 380, 392. 
STONE, WILLIAM, 

< rovemor of Maryland, 63. 
STOXEMAX. GENERAL, 724. 
STRIKER, GENERAL, 418. 
STRONG, CALEB, 

In Federal convention, 292. 
SIC ART, ALEXANDER H., 526. 
STUART, J. E. I'.., 

General, 662, 706. 
STL Y V ESA XT, PETER, 

Governor of New York, 43. 
SUB TREASURY SYSTEM, 400,463. 
SULLIV \N, JOHN, 

General, 211, 230. 
SUMNER, CHARLES, 543, 864. 



SUMTER, PORT, 

Taken by Confederates, 609; evacuated, 829. 
SUMTER, WILLIAM, 256. 

SUPREME, COURT OF UNITED STATES, 

Organized, 366, 374; decision of, on powers of 

the Federal government relative to negro 
slavery, 5)2. 

T. 

TALLEYRAND, M. DE, 

French minister, 380. 

TANEY, ROGER B., 

Attorney-General, 449; secretary of treasury, 
454; fourth chief-justice, 456; decision against 
suspension of habeas corpus, 614; death of, 
838. 

TARIFF, 

Protective, 275, 440, 445, 448 ; bill of, in 1 28, 
4 15 ; bill of, in 1832, 449 ; compromise of, 452 ; 
violated, 473; bill of, in 1842,47:1; protection 
abandoned, 473, 487, 547. 

TARLETON, B., 

Britisb Colonel, 256, 262. 

TAYLOR, ZACHARY, 

Colonel and Oeneral, 460,487; at Monterey, 
488; at Buena Vista, 490; elected President, 
495; letter setting forth platform of, 497 ; cabi- 
net and administration of, 499 ; death of, 526. 

TEA, 

Tax on, how received in New York, Philadi 1- 

{ihia, Charleston, Baltimore, Wilmington and 
loBton, 200, 201. 
TECUMSEII, 

Indian warrior, 413. 

TELEGRAPH, 

Invention of, 479, 554. 
TELEMON, A.I \X, 

Speech in Peace Congress, 590. 
TELLER, HENRY M., 911. 
TENNESSEE, 

Establishment of territorial government in, 

368; admitted as a State, 377; secession of, 

614. 

TEXAS, 

Early history of, 172; resolutions for the 
admission of, into the Union, -177 ; Republic 
of, 4711 ; political condition of, 480; admitted 
as a State, 487 ; contest in house relative to 
boundary of, 526; secession of, 597. 

"THE GREAT TRIO," 454, 512. 

"THE PROTEST," 155. 

TIloMAS, GEORGE BL, 
General, 633, 63 I. 

THOMAS, JOHN, 
General, 211. 

THOMPSON, JACOB, 548. 

THOMPSON, RICHARD W., 878. 

THOMPSON, WILEY, 457. 

THOMSON, ( HARLES, 203, 209. 

"THREE-FIFTHS CLAUSE," 275, 304. 

TILDEN, SAMUEL J., 

Voted for President, 875. 

TOBACCO, 35, 57. 



INDEX. 



IO47 



TOLERATION, 

The famous act of, in Maryland, 63. 
TO-MO-CHI-CHI, 

Indian chief, 1 53. 
TOMPKINS, DANIEL D., 

Vice-President, 422, 4o9. 

TOOMBS, ROBERT, 501, 503, 515, 520, 561. 601, 

626. 
TORIES, 246. 
TOUCEY, ISAAC, 548. 
TREATY, 

With England, 268; of Washington, 473; with 

Texas, 475 ; with Mexico, 491 ; Clayton-Bulwer, 

524. 

TRENT, 

Affair of the, 628. 
TROUP, GEORGE M., 

Governor of Georgia, controversy with the 

United States, 443. 

TRYON, GOVERNOR, 196, 236. 

TUSCARORAS, 

Indians, 105, 123. 

TWIGGS, DAVID E., 

Gallantry at Cerro Gordo, 490. 

TYLER, JOHN, 

Vice-President, 467 ; becomes President by 
death of Harrison, 471 ; cabinet and adminis- 
tration of, 472 ; treaty of Washington, 473 ; 
action of, on Texas question, 478; President 
of Peace Congress, 589. 

TYNTE, EDWARD, 

Governor of South Carolina, 123. 

U. 

UNCAS, 

Indian chief, 89, 127. 

UNITED STATES, 

History of, 17; Union between Federal, 229 ; 
first Constitution of, 227, 919; second Constitu- 
tion of, 292, 922 ; seal of, 230 ; flag of, 236 ; 
first President of, 303 ; petition from citizens 
of Massachusetts, for dissolution of, 472 ; popu- 
lation of, 913. 

UPSHUR, ABEL P., 472, 474. 

UTAH, 

Bills relative to territorial government in, 
513, 526. 

V. 

VALLEY FORGE, 

Washington's winter quarters, 242. 

VAN BUREN, MARTIN, 

Secretary of State, 447 ; Vice-President, 451 ; 
elected President, 457 ; cabinet and adminis- 
tration of, 459 ; defeat for re-election, 469 ; 
voted for, by Free-Soil Party, 495. 

VANE, SIR HENRY, 88. 

VAN MURRAY, WILLIAM, 382. 

VAN RENSSALAEE, STEPHEN, 
General, 407, 408. 

VAN TWILLER, WOUTER, 
Governor of New York, 41. 

VERMONT, 

Early history of, 371 ; admitted as a State, 371. 



VETO, 

First exercise of, 370. 

VINLAND, 

Settlement of, 18. 

VIRGINIA, 

Settlement of colony of, 29; original council 
of, 30; birth of American free institutions, 30, 
36; introduction of negro slavery in, 36: 
massacre by Indians in, 55; why called "Ola 
Dominion," 58; bestowal of colony of, to Lord 
Culpepper and Earl of Arlington, 93; civil 
war which threatened existence of, 95 ; House 
of Burgesses dissolved, 202; Act appointing 
delegates to Federal convention, 287; action of, 
on new Constitution, 339; call for Peace Con- 
gress by, 589; secession of, 613; resolutions 
of 1798-9, 940. 

VIRGINIA, WEST, 

Admitted as a State, 737. 

W. 

WAITE, MORRISON R., 
Sixth Chief-Justice, 862. 

WALKER, HENDERSON, 

Governor of North Carolina, 103. 

WALKER, LEROY P., 601. 

WALKER, ROBERT J., 486, 553. 

WALLACE, LEWIS, 
General, 643. 

WALLACE, W. H. L., 641, 647. 

WAMSUTTA, 

Indian chief, 127. 

WARD, ARTEMAS, 
General, 211. 

WARREN, ADMIRAL, 406. 

WARS, 

Indian, in New York and Virginia, 41, •"."; 
Five Nations in New York, 111 ; Yemassee in 
South Carolina, 123; Tuscarora and Coree in 
North Carolina, 105; French, 112, 136, 169; 
King Philip's, 127; French and Indian, 17 1; 
Cherokee, 190; of the Revolution, 22'. • ; with 
Tripoli, 394; British of 1812, 407; wiih Al- 
giers, 121 ; Seminole, 124, 466; Black Hawk, 
450; with Mexico, 487; Kansas, 013; between 
the States, 609. 

WASHBURNE, ELIHU B., 848. 

WASHINGTON, CITY OF, 

Founded, 370; captured by British, 417; seat 
of government, 38 1. 

WASHINGTON, GEOEGE, 

Major, 171; General in command of colonial 
forces, 209; commission of, 213; at New York 
in 1776,221 ; refuses General Howe's letter, 229; 

evacuates New York, 232; retreats through 

New Jersey, 232; victory at Trenton. 232; de- 
feat at Brandywine, 211 ; victory at Monmouth. 
245; capture of Comwallis at Yorktown, 267 ; 
speech at Newburg. 272; resigns his commis- 
sion, 274; advises change in Federal Constitu- 
tion, 275; President of Federal Constitutional 
( '.invention, 2'.'.". : elected President, 803; Ad- 
ministration of. 362; Cabinet of, 364j lir-t ex- 
ercise of v.;.. |..u utrality procla- 
mation, 37 1 ; spi tell of, ' 



1048 



IXDEX. 



address, 932; retirement of, 378; Lieutenant- 
General in command of forces in United States, 
381 ; death of, 382. 

WASHINGTON, WILLIAM; 

Colonel, 262. 
WAYNE, ANTHONY, 

General, 249. 
WEBSTER, DANIEL, 201. 

Debate with Hayne, on Nullification doctrine, 
448; debate with Calhoun, 453; opposition to 
Jackson, 454 ; voted for President, 457 ; oppo- 
sition to Van Buren, 463; Secretary of State, 
470, 526 ; resigns, 474 ; 7th of March or Union 
speech, 519; speech of, on laying corner-stone 
of new wings of capitol, 534 ; death of, 540. 

WEBSTER, FLETCHER, 
Colonel, 681. 

WELLES, GIDEON, 607. 

WESLEY, REV. JOHN, 155. 

WEST, FRANCIS, 

Governor of Virginia, 56. 

WEST INDIES, 23. 
WEST JERSEY, 

Settlement of, 66; first Legislative Assembly 

of, 66. 
WEST, JOSEPH, 

Governor of South Carolina, 119. 

WHEELER, WILLIAM A., 

Vice-President, 876. 
WHISKEY INSURRECTION, 374. 
WHITE, HUGH LAWSON, 

Voted for President, 457. 

WHITE, JOHN, 98. 
WHITEFIELD, REV. GEORGE, 156. 
WILKINSON, HENRY, 

Governor of North Carolina, 103. 

WILKINSON, JAMES, 

General, succeeds Dearborn, 413. 

WILLIAMS, ROGER, 

Sketch of, 75, 76, 87. 

WILMOT, DAVID, 

Celebrated proviso of, 491. 
WILSON, HENRY, 

Vice-President, 858 ; death of, 865. 

WILSON, JAMES, 

In Federal convention, 292. 

WILSON, JAMES, 

Speech of, on new Constitution, 315, 367. 

WILSON, JOHN LAIRD, 

Historian, 647, 662, 693, 739, 782, 799. 
WINDER, GENERAL, 
At Bladensburg, 417. 



WINDOM, WILLIAM, 896. 

WING FIELD, EDWARD, 30. 

WINTHROP, JOHN, 

First Governor of Massachusetts, 53. 

WTNTHROP, ROBERT C, 501. 
WIRT, WILLIAM, 

Voted for President, 450, 423, 443. 
WISCONSIN, 

Admitted as a State, 494. 
""ISE, HENRY A., 

Defender of Tyler's administration, 473. 
WITCHCRAFT, 

Crime of, 137. 
WITHERFORD, 

Indian warrior, speech of, 414. 
WOLFE, JAMES, 

General, 187. 
WOODBURY, LEVI, 449. 
WOOL, JOHN E., 

General in Mexican war, 488, 631. 
WOOSTER, DAVID,' 

General, 211. 
WORD EN, LIEUTENANT, 688. 
WORTH, WILLIAM J., 

Gallantry in Mexican war, 489, 490. 

WRIGHT, SIR JAMES, 

Governor of Georgia, 165. 
WRIGHT, SILAS, 

Sustains Van Bnren's administration, 463. 

WYATT, SIR FRANCIS, 

Governor of Virginia, 54. 
WYOMING. 

Massacre at, 246. 

Y. 

YATES, ROBERT, 

In Federal convention, 296. 
YEAMANS, SIR JOHN, 100. 

Governor of South Carolina, 119. 
YEARDLEY, GEORGE, 

Governor of Virginia, 35. 

YEMASSEES, 

War with, 123. 
YORK, DUKE OF, 65, 66. 
YORKTOWN, CITY OF, 

Cornwallis captured at, 267. 
YOUNG, BRIGHAM, 549. 

Z. 

ZOLLIKOFFER, GENERAL, 
Sketch of, 633. 



[ 



